General Terms and Conditions of Nexustec GmbH
1. Scope of application, supplementary contractual conditions
1.1 The General Terms and Conditions of Business of NEXUSTEC (“GTC”) shall apply to all contractual relationships with customers in connection with deliveries and services of NEXUSTEC and shall be deemed an integral part of the contract, unless otherwise agreed in writing in an individual agreement between NEXUSTEC and the customer.
1.2 General terms and conditions of business of the Client that deviate from, contradict or supplement these GTC shall only become part of the contract if and insofar as NEXUSTEC has expressly consented to their validity in writing. This requirement of consent shall apply in any case, in particular also if NEXUSTEC carries out a delivery or service to the Customer without reservation in the knowledge of the Customer's general terms and conditions of business.
1.3 The GTC shall be supplemented by the General Terms and Conditions for the Purchase of Software Licenses ("GTC License"). In particular, the above provisions shall apply mutatis mutandis to the scope of the GTC License.
2. Conclusion of contract
2.1 The offers of NEXUSTEC are subject to change and are non-binding. This also applies if NEXUSTEC has provided the Customer with catalogs, product descriptions or technical documentation (e.g. user manuals, calculations, calculations) prior to the conclusion of the contract, to which NEXUSTEC reserves the property rights and copyrights. The same applies to any acknowledgements of receipt of an order by NEXUSTEC.
2.2 Each order for software programs, hardware, hardware components ("goods") or commissioning of other services by the Customer shall be deemed a binding offer of contract, unless otherwise stated in the order or commissioning or in the other agreements. NEXUSTEC is entitled to accept this contract offer within four weeks of receipt by NEXUSTEC. The acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods or provision of the other services to the Client.
3. Delivery, shipping, transfer of risk
3.1 Goods are delivered ex warehouse, which is also the place of performance. At the request of the Client, the goods shall be sent to another destination. Insofar as self-collection or collection by third parties has not been agreed and the Customer has not issued any special instructions, NEXUSTEC is entitled to determine the type of dispatch (in particular transport company, dispatch route, packaging) itself.
3.2 The risk of accidental loss and accidental deterioration shall pass to the customer upon handover. The handover is the same if the customer is in default of acceptance. In the case of shipment, the risk of accidental loss and accidental deterioration shall pass to the forwarding agent, the carrier or any other person or institution appointed to carry out the shipment.
3.3 Delivery periods shall only be regarded as bindingly agreed if they have been expressly assured as binding by NEXUSTEC in writing. Insofar as delivery deadlines have been bindingly agreed, NEXUSTEC shall not be in default without a written reminder from the Customer.
3.4 The observance of deadlines for deliveries presupposes that the customer provides all the information required for the delivery in good time, and in particular that it performs the acts of cooperation incumbent upon it. If this prerequisite is not fulfilled, the delivery period shall be extended appropriately. This shall not apply if NEXUSTEC is responsible for the delay.
3.5 If non-compliance with delivery deadlines is due to force majeure, e.g. war, riot, pandemics or similar events, e.g. strike, lockout, failure of a supplier to deliver on time, the delivery deadlines shall be extended accordingly.
3.6 NEXUSTEC is entitled to partial deliveries and services. This shall not apply if the Customer has no interest in the respective partial delivery or service.
3.7 If NEXUSTEC is in default, the Customer can - provided that it can credibly prove that it has suffered damage as a result - demand compensation for each full week of the delay of three (3) per cent each, but not more than a total of fifteen (15) per cent of the net order value for the part of the delivery that was not included in the expedient operation due to the delay. The Client can only withdraw from the contract within the framework of the statutory provisions if NEXUSTEC is responsible for the delay in delivery. The Client is obliged, at the request of NEXUSTEC, to declare within a reasonable period of time whether it is withdrawing from the contract due to the delay in delivery or whether it insists on the delivery.
3.8 If the delivery is impossible, the Customer shall be entitled to claim damages, unless NEXUSTEC is not responsible for the impossibility. However, the Customer's claim for damages shall be limited to twenty-five (25) percent of the net order value of that part of the delivery that cannot be put into useful operation due to the impossibility. The customer's right to withdraw from the contract remains unaffected.
4 Remuneration, terms of payment
4.1 Unless expressly agreed otherwise, the amount of the price for the respective delivery or service shall be based on the NEXUSTEC price list valid at the time of the order confirmation. Prices are net ex warehouse without deductions and plus the statutory value added tax.
4.2 NEXUSTEC expressly reserves the right to refuse cheques or bills of exchange. They are always accepted only on account of performance. Discount and bill charges shall be borne by the Customer and are due immediately.
4.3 Invoices are due and payable without deduction within 14 days of receipt of the invoice, unless otherwise agreed in the order confirmation. Upon expiry of this period, the customer shall be in default. If the customer is in default of payment, the default interest rate shall be eight (8) percentage points per annum above the base interest rate pursuant to § 247 BGB.
4.4 Insofar as no fixed prices have been agreed, NEXUSTEC reserves the right to change prices appropriately if cost reductions or cost increases occur after conclusion of the contract. NEXUSTEC shall prove these to the Client upon request.
4.5 The Client is only entitled to a right of setoff if its counterclaims have been legally established or recognised by NEXUSTEC in writing. In addition, the Customer can only exercise a right of retention if its claim on the basis of which it is withholding payment is based on the same contractual relationship or is either legally established or recognised by NEXUSTEC.
4.6 If the Customer is in default with payments of a not inconsiderable amount, NEXUSTEC is entitled to temporarily suspend further services from the same legal relationship to which NEXUSTEC has committed itself and to make all outstanding amounts from this relationship due immediately. In this case, any agreed dates or deadlines for the execution of outstanding deliveries and services on the part of NEXUSTEC shall become invalid without any special reference to this being required on the part of NEXUSTEC.
5. Reservation of ownership and rights
5.1 NEXUSTEC reserves all rights to the deliveries or services until full payment of all claims, including future claims, from an ongoing business relationship. This applies in particular to the ownership of the deliveries in question (e.g. data carriers, user manuals, other documentation, hardware and hardware components, etc.) as well as to intellectual property rights (e.g. copyrights to software programmes and user manuals).
5.2 Deliveries or services from NEXUSTEC may neither be pledged to third parties nor transferred as security before the claims secured have been paid in full. The Client must inform NEXUSTEC immediately in writing if and insofar as third parties have access.
5.3 In the event of behaviour in breach of contract on the part of the Client, in particular in the event of non-payment of the remuneration due, NEXUSTEC shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of any goods delivered on the basis of the retention of title and the withdrawal, as well as to withdraw from the Client any rights of use to intellectual property that may have been granted (e.g. rights of use to software programmes).
6. Notices of defects, customer's duty to cooperate
6.1 The Client is obliged to immediately inspect deliveries and services for completeness and obvious defects, in particular also for obvious misreporting or damage, and to immediately notify NEXUSTEC of these in writing. In the case of non-obvious (hidden) defects, the Client is obliged to notify NEXUSTEC of these in writing as soon as they are discovered, at the latest within the limitation period . To meet the deadline, it is sufficient to send the respective complaint in good time. If the customer fails to give notice of a defect, liability for the defect not notified shall be excluded. The Customer shall bear the burden of proof for compliance with and timeliness of the notification obligation as well as for the existence and the time of detection of a defect.
6.2 For the purpose of avoiding damage, the customer is required to ensure that its data stock is backed up daily in accordance with the state of the art.
6.3 Within the scope of the service provision agreed with NEXUSTEC and owed by NEXUSTEC, the Customer shall provide any necessary cooperation free of charge. This includes, in particular, that the Customer provides all information necessary for NEXUSTEC, e.g. about the Customer's objectives and requirements, in good time and without being asked to do so. Furthermore, the Customer shall provide the equipment that may be necessary for the installation or operation of the deliveries or services in good time.
7. Warranty
7.1 The statutory provisions shall apply to the rights of the customer in the event of defects in the goods or other services, unless otherwise stipulated in the following and in the supplementary GTC-Licence.
7.2 NEXUSTEC shall remedy the defect duly reported by the Customer by way of subsequent performance, i.e. by rectification or replacement delivery. The right to choose the way in which a defect is rectified by way of non-fulfilment shall initially lie with NEXUSTEC. The right of NEXUSTEC to refuse the chosen type of non-fulfilment under the legal conditions remains unaffected.
7.3 If the subsequent performance has failed within a reasonable period of time, the Customer shall set NEXUSTEC a reasonable period of grace for subsequent performance, insofar as the setting of the deadline is reasonable for the Customer and insofar as NEXUSTEC does not definitively refuse subsequent performance. If these conditions are met, the customer can withdraw from the contract or reduce the purchase price after the unsuccessful expiry of the grace period and, if applicable, demand compensation for damages instead of performance or reimbursement of futile expenses. After the unsuccessful expiry of the grace period, the customer shall declare within a reasonable period of time whether it continues to demand supplementary performance or whether it asserts its aforementioned rights. However, a right of withdrawal does not exist in the case of an insignificant defect. Upon declaration of withdrawal or reduction, the customer's claim to delivery of goods free of defects shall lapse.
7.4 NEXUSTEC is not obliged to provide a warranty if the defect is due to incorrect operation or incorrect installation of the goods. This shall not apply if and insofar as the incorrect operation is based on a defect in the operating manuals or other documentation.
7.5 Claims for defects are subject to a limitation period of one year. The one-year warranty period begins with the handover of the goods to the Customer. However, the statutory warranty period shall not apply if NEXUSTEC has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods.
8. Liability
8.1 The liability of NEXUSTEC or of a representative or vicarious agent is based on the statutory provisions in cases of intent or gross negligence.
8.2 Furthermore, NEXUSTEC is only responsible for simple negligence in the following cases:
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for damages arising from injury to life, limb or health;
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if the provisions of the Product Liability Act apply;
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in the event of a breach of a material contractual obligation, i.e., those obligations whose fulfilment is essential for the proper execution of the contract an on whose compliance the contracting parties may regularly rely; in this case, however, NEXUSTEC's liability shall be limited to compensation for the foreseeable, typically occurring damage.
The liability of NEXUSTEC is also limited in cases of gross negligence to the foreseeable damage typical for the contract, if none of the above-mentioned exceptions applies. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
8.3 Due to a breach of duty that is not based on a defect, the Customer can only withdraw - if the other legal prerequisites are met - if NEXUSTEC is responsible for the breach of duty. The withdrawal is excluded if the breach of duty is insignificant.
8.4 NEXUSTEC shall not be liable for the loss of data if the damage would not have occurred in the event of proper data backup in the Customer's area of responsibility. A proper data backup is to be assumed if the Customer verifiably backs up its data stocks daily in machine-readable form and it is thus guaranteed that this data can be restored with justifiable effort. The liability of NEXUSTEC for data loss - insofar as it is not the fault of NEXUSTEC due to intent or gross negligence - is limited to the typical restoration expenditure that would have occurred in the case of proper data backup.
8.5 NEXUSTEC is not liable for any infringing use of the goods by the Customer. The Customer warrants that it is entitled to all rights required for the respective purpose of use to the contents that are conveyed via the goods and used with them, that it is granted or has been granted by the rights holder or that it is otherwise permitted to use the contents. Furthermore, the customer assures not to use the goods to harass, abuse and/or threaten third parties or in a manner that violates the rights of third parties.
8.6 Insofar as the liability of NEXUSTEC is excluded or limited, this also applies to the personal liability of employees and workers of NEXUSTEC. The objection of contributory negligence remains unaffected.
8.7 Insofar as claims for damages are excluded or limited in accordance with the above paragraphs, this exclusion or limitation shall also extend in each case to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular due to competing claims arising from defects, the breach of duties arising from the contractual obligation, tort as well as claims for reimbursement of expenses in accordance with § 284 BGB. In addition, the provisions set out in clause 3.7 shall apply to liability for delay, and the provisions set out in clause 3.8 shall apply to liability due to impossibility.
9. Limitation period
Claims for damages by the customer - irrespective of the legal grounds - shall become statutebarred one year after the statutory commencement of the limitation period. However, the statutory limitation periods shall apply in the following cases:
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for claims for defects if NEXUSTEC has fraudulently concealed the defect or has assumed a guarantee for the quality;
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for claims for damages arising from injury to life, body or health;
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for other claims for damages due to an intentional or grossly negligent breach of duty;
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for claims for damages arising from the breach of other material contractual obligations;
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for claims under the Product Liability Act.
10. Miscellaneous
10.1 NEXUSTEC reserves the right to amend these GTC if and insofar as an amendment is objectively justified taking into account the interests of the Client. The Customer shall be notified of the amended terms and conditions at the latest four weeks before they come into force. If the Customer does not object to the validity of the new GTC within four weeks after receipt of the above-mentioned notification, the amended GTC shall be deemed accepted. NEXUSTEC shall inform the Client separately of the significance of this deadline, the right of objection and the legal consequences of silence. In the event of an objection in due time, both parties shall have the right to terminate the contractual relationship ordinally.
10.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions of these GTC shall remain unaffected. The invalid provision shall then be replaced by a provision that comes as close as possible to the economic objective of the parties. The same applies if these GTC contain loopholes.
10.3 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.4 The place of jurisdiction for all disputes in connection with the services of NEXUSTEC is Munich. NEXUSTEC is also entitled to take legal action at the Customer's general place of jurisdiction.
10.5 Any amendment or supplement to these GTC must be made in writing. Electronic documents, such as e-mails, without a qualified electronic signature within the meaning of the Signature Act do not comply with the written form requirement. 10.6 In case of any discrepancy between the German and English version of these GTC and the GTC Licence, the German version shall prevail.
End of the GTC
Nexustec GmbH
Feringastrasse 11 a
85774 Unterföhring
Germany
General Terms and Conditions for the Purchase of Software Licences
1. Scope of application
1.1 The following General Terms and Conditions of NEXUSTEC for the acquisition of software licences ("GTC Licence") shall apply to all contractual relationships with customers in connection with the conclusion of a licence for software programs and shall be deemed to be an integral part of the contract, unless otherwise agreed in writing in an individual agreement between NEXUSTEC and the customer.
1.2 Otherwise, the general terms and conditions of NEXUSTEC (“GTC”) shall apply. The GTC Licence supplement the GTC.
2. Services provided by NEXUSTEC
2.1 NEXUSTEC shall provide the Customer with the software program designated in the order confirmation/contract ("Contract Software") in machine-readable form (object code) together with a printed and/or electronic user manual and - if available - other documentation (e.g. operating instructions, help files, other technical information and documents). The contractual software is licensed, not sold. The contractual software shall be provided - depending on the possibility or the customer's request - on a data carrier or by remote data transmission (e.g. "download" from the Internet).
2.2 If NEXUSTEC provides the Customer with the contract software via remote data transmission, NEXUSTEC guarantees the availability of the contract software on a server for download by the Customer.
2.3 The user manual or other documentation of the software programmes describes in detail which functions and services can be achieved by the contractual software when used in accordance with the contract ("performance description"). For the agreed quality of the contractual software as well as the intended use, only the respective performance description is authoritative in this respect. Public statements, prices or advertising do not constitute a description of the quality of the contractual software.
2.4 The services of NEXUSTEC within the scope of the licensing of the contract software do not include the software installation, customerspecific adaptations ("customising"), training or other consulting or work services going beyond the provision of the contract software. In particular, NEXUSTEC shall not support the Customer if the latter wishes to connect the contract software with another software for the purpose of data exchange using the interfaces possibly contained in the contract software. Both the creation of this connection and the aforementioned services shall only be provided by NEXUSTEC against additional remuneration within the framework of a separate agreement with the Customer.
3. Obligations of the customer to cooperate
3.1 The hardware and software environment (minimum clock frequency of the processor, memory space, operating system, etc.) required for proper and error-free operation of the contractual software is bindingly stipulated in the order confirmation/contract of NEXUSTEC or in the respective user manual of the contractual software. It is the customer's responsibility to provide a suitable hardware and software environment in good time. If this is not the case and the contractual software cannot be used for this reason alone, the customer shall bear sole responsibility for this.
3.2 Before commissioning the contractual software, the customer is required to test all functions of the contractual software under the customer's hardware and software environment. Likewise, the customer must check that the data carriers, user manuals and other documentation are free of defects upon handover. If defects are detected by the Customer, these must be notified to NEXUSTEC without delay.
3.3 The customer is obliged to prevent unauthorised access to the contractual software as well as the user manuals or other documentation by taking suitable precautions. The customer shall keep the original data carriers supplied in a place secured against unauthorised access by third parties. He shall also expressly point out to his employees, staff and vicarious agents who use the contractual software in accordance with the provisions of this GTC Licence that they must comply with this GTC Licence and the provisions of copyright law.
4. Granting of rights
4.1 NEXUSTEC grants the Customer the nonexclusive right, limited in time to the term of the software contract, to use the contract software in accordance with the provisions of this GTC licence. This right of use is subject to the agreed payment of the contract software in accordance with the order confirmation/contract.
4.2 The Customer is entitled to install and use the Contract Software on a single Device at one location at one time. Device means a hardware system (both physical and virtual) with an internal storage device (including a hardware partition or blade) capable of running the Software. The customer may use the contractual software on any device available to him. If he changes the device, he must delete the software from the hardware previously used. Simultaneous storage, keeping in stock or use on more than one device is not permitted. The use of the contractual software within a network or other multi-state computer system is permissible. A deviating regulation regarding the number and type of rights of use may result from the order confirmation/contract.
4.3 The customer may reproduce the contractual software insofar as the respective reproduction is necessary for the use of the contractual software. This includes the installation of the contractual software from the original data carrier to the mass storage of the hardware used as well as the loading of the contractual software into the main memory. In addition, the customer is entitled to create a backup copy, which must be marked as such. It may only be used for archiving purposes and may not be passed on to third parties. Simultaneous use of the original and the backup copy is not permitted. Further copies may not be made. This also includes copies made by outputting the programme code. Only one printout or copy of the user manual or other documentation may be made. Any further duplication of the contractual software as well as the user manual or other documentation by the Customer shall only be permitted with the express consent of NEXUSTEC.
4.4 The Customer is entitled to transfer the Contract Software to a device owned by a third party if (i) the Customer is the first licensed user of the Software and (ii) the third party as the new user agrees to the terms of this GTC Licence. The customer is entitled to use the backup copy or other media on which the contract software was provided to transfer the contract software. In this case, the customer shall immediately delete or otherwise destroy all copies and partial copies of the contractual software as well as modified or edited versions and copies and partial copies made thereof. This shall also apply to backup copies. The Customer must inform NEXUSTEC immediately of the transfer of the contract software.
4.5 The foregoing provision shall also apply if the customer merely makes the contractual software available to the third party on a temporary basis. However, the customer is not entitled to rent out the contractual software or parts thereof for acquisition purposes.
4.6 NEXUSTEC grants the Customer rights of use to the new programme versions provided within the scope of the licensed contractual software to the extent that they exist for the contractual software with which they are to be used as intended or which is to be replaced by them. The provisions of this clause 4 and the following clause 5 of this GTC Licence shall apply accordingly. The right to use the contractual software which is technically replaced by the new programme versions shall expire within two weeks after the customer uses the delivered programme versions productively, but no later than one calendar month after receipt of the delivered programme versions by the customer. The customer is entitled to make a copy of each of the technically replaced software programmes for archiving purposes.
5. Restrictions on the right of use, overuse
5.1 The Customer is not entitled to process and/or reproduce the contractual software beyond the contractual use unless this is absolutely necessary for the purpose of eliminating the error and NEXUSTEC is in default with the elimination of the error. In this case, the Customer may only commission such a third party with the elimination of the error, who is not in a competitive relationship with NEXUSTEC, if there is a risk that the elimination of the error will lead to a loss of important programme functions and modes of operation. Changes that the Customer makes within the scope of the error correction must be documented and communicated to NEXUSTEC.
5.2 The customer is also prohibited from analysing, reassembling or in any way editing or modifying the contractual software. Subject to the following provision, the customer is not permitted to decompile the object code or to reverse engineer the various production stages of the contractual software. The customer shall only be entitled to decompile the object code if this is necessary to establish interoperability with other software programs, if the information required for this has not yet been made available to the customer and if the decompilation work is limited to the parts of the original software program.
5.3 The Customer is prohibited from removing, altering or making illegible the property and copyright notices, stickers, labels or trademarks of NEXUSTEC or other manufacturers contained in the contractual software and in the user manual or other documentation.
5.4 The commercial use of the contractual software for third parties by way of so-called "Application Service Providing (ASP)" or "Software as a Service (SaaS)" is not permitted. Furthermore, any use of the contractual software beyond the extent specified here, in particular simultaneous use of the software beyond the scope of use specified in the order confirmation/contract, is a use in breach of contract.
5.5 If the Customer uses the contractual software to an extent that exceeds the acquired rights of use qualitatively (with regard to the type of permitted use) or quantitatively (with regard to the number of acquired licences), it is obliged to inform NEXUSTEC of this immediately. For the period of the non-agreed overuse, the Customer undertakes to pay compensation for the overuse in accordance with NEXUSTEC's price list valid at that time. The calculation of the compensation is based on a four-year linear depreciation. If the Customer conceals the overuse and NEXUSTEC has otherwise determined this, the Customer must pay lump-sum compensation to NEXUSTEC for the unauthorised overuse in the amount of three times the fee that would have been due for an authorised use of the contractual software in accordance with NEXUSTEC's price list for the period of overuse. The Customer shall be at liberty to prove that NEXUSTEC has only incurred a lesser loss.
6. Use of software protection mechanisms
6.1 NEXUSTEC expressly reserves the right to deliver the contractual software with an electronic protection mechanism (copy protection).
6.2 The circumvention of technical protective measures violates the rights of NEXUSTEC and is also punishable under certain circumstances. Only if the copy protection impairs or prevents the trouble-free use of the contractual software and NEXUSTEC cannot or does not want to eliminate this within a reasonable period of time despite a corresponding notification from the Customer with a precise description of the interference that has occurred, may the copy protection be removed or circumvented in order to ensure the functionality of the contractual software. The customer shall bear the burden of proof for the impairment or prevention of trouble-free usability due to the copy protection.
7. Warranty
7.1 In addition to the Customer's defect rights under Section 7 of the GTC, the following provisions shall apply in the event of defects in the contractual software.
7.2 The customer is aware that, according to the state of the art, software of the present complex type cannot be developed absolutely errorfree. Subject to the aforementioned limitation, NEXUSTEC guarantees that the contractual software corresponds to its service description when used in accordance with the contract and is not afflicted with defects that impair the suitability of the contractual software for the contractually agreed use more than insignificantly. Insignificant deviations from the performance description shall not be deemed to be defects.
7.3 The warranty for material defects shall not apply to defects which are based on the fact that the contractual software is used in a hardware and software environment which does not meet the requirements specified in the order confirmation.
7.4 Within the scope of the replacement delivery, NEXUSTEC is entitled - insofar as this is reasonable for the Customer - to provide the Customer with a new version of the contractual software (e.g. "update", "maintenance release/patch"), which no longer contains the defect complained of or which eliminates it.
7.5 NEXUSTEC is not obliged to remedy defects if software errors have occurred after changes to the conditions of use and operation, after operating errors, after interventions in the contractual software, such as changes, adaptations, adjustments, connections with other programs and/or after use contrary to the contract, unless the Customer proves that the errors were already present at the time of handover of the contractual software or are not causally connected with the above-mentioned events.
7.6 In the event of a justified withdrawal of the Customer, NEXUSTEC shall be entitled to demand reasonable compensation for the use made by the Customer from the application of the contract software in the past until the rescission. This compensation for use shall be determined on the basis of the licence fee proportionate to the period of use, whereby an appropriate deduction for the impairment of the contractual software due to the defect that led to the withdrawal is provided for.
8. Licence duration
8.1 Unless otherwise stipulated in the order confirmation, the respective licence agreement shall commence upon its conclusion and shall end upon the contractually agreed minimum term.
8.2 The licence agreement shall be extended by one year at a time if it is not terminated with three months' notice prior to the expiry of the original or the extended term of the agreement.
8.3 In addition, each contractual partner shall have the right to terminate the licence agreement extraordinarily for good cause if the continuation of the contractual relationship is no longer reasonable for it. NEXUSTEC may in particular terminate the contract without notice and for good cause if the Customer makes pirate copies of the contractual software, passes on the contractual software without authorisation, does not prevent access by unauthorised persons, decompiles the contractual software without authorisation or continues to use the contractual software in breach of the contract despite a warning.
8.4 Termination of the licence agreement must be in writing to be effective. The telecommunication or electronic transmission of the electronic transmission of the notice of termination (e.g. by fax or e-mail) shall not be sufficient for compliance with the above written form requirement.
9. Obligations to return contractual software
9.1 Upon termination of the licence agreement, the Customer is obliged to return the contractual software on the original data carrier, including the user manual and other documentation, to NEXUSTEC. This return shall be free of charge for NEXUSTEC. Any copies of the contract software that may have been made must also be returned to NEXUSTEC or deleted if a return is not possible. The Customer shall confirm the deletions to NEXUSTEC in writing after they have been carried out.
9.2 Instead of the return, NEXUSTEC can also demand the deletion of the contractual software provided and all copies thereof as well as the destruction of the user manual provided and the other documentation, which NEXUSTEC shall inform the Customer of expressly and in writing. The Customer shall confirm the deletion or destruction to NEXUSTEC in writing after it has been carried out.
9.3 The customer may not continue to use the contractual software in any way after termination of the licence agreement.
End of the T&C Licence
Nexustec GmbH
Feringastrasse 11 a
85774 Unterföhring
Germany