hereinafter referred to as the "Provider"
hereinafter referred to as the "Customer".
1 Subject of the contract
2 Type and scope of service
The Provider shall make the Software available to the Customer for use in the respective agreed version at the router exit of the data center in which the server with the Software is located ("Handover Point"). The software, the computing power required for use and the required storage and data processing space shall be provided by the Provider. The Provider does not owe the establishment and maintenance of the data connection between the Customer's IT systems and the described handover point.
3 Software availability
4 Data processing rights, data backup
7 Cooperation obligations of the Customer
In principle, the statutory provisions on warranty apply. Sections 536b (knowledge of the tenant of the defect at the time of conclusion of the contract or acceptance), 536c (defects occurring during the rental period; notification of defects by the tenant) of the German Civil Code (BGB) shall apply. However, the application of § 536a para. 2 (Tenant's right of self-remedy) is excluded. The application of Section 536a (1) BGB (Lessor's liability for damages) is also excluded insofar as the standard provides for strict liability.
9 Liability and compensation
10 Customer data and indemnification against third-party claims
11 Term and termination of the contract
13 Transfer of rights and obligations
The assignment of rights and obligations under this contract is only permitted with the prior written consent of the Provider. The Provider is entitled to entrust third parties with the fulfillment of the obligations arising from this contract.
Last update: 17.02.2021