and/or inappropriate repairs made by the Licensee or third parties and also from natural
wear and tear, provided that the Licensee is not able to demonstrate that the defect is
independent of this.
§ 5
Liability
1. The Licensor shall pay compensation or refund wasted expenditure, no matter what the
legal ground for this is, only to the following extent:
a) if the Licensor, its legal representatives or vicarious agents have acted with specific intent
and if a guarantee has been provided in full in respect of the agreed quality;
b) if the Licensor, its legal representatives or vicarious agents have acted with gross
negligence, to the level of the predictable loss which is typical for the contract and should
be prevented by the duty to exercise due care;
c) in other cases only when a substantial contractual obligation is breached and when there
is a delay, specifically for reimbursement of the typical and predictable loss.
2. Statutory liability in the event of culpable loss of life, physical injury or damage to health
and in accordance with the German Product Liability Act shall remain unaffected.
3. The Licensor shall be at liberty to claim contributory negligence.
4. If any data is lost, the Licensor shall only be liable for losses which would have occurred
even if the Licensee had backed up its data properly.
§ 6
Term of the contract
1. The contract shall run for an indefinite period of time.
2. The Licensor is entitled to withdraw permission to use the software for a good reason at
any time. A good reason shall be deemed to exist in particular if the Licensee fails to
comply with the restrictions on use stipulated in § 2 or breaches the terms and conditions
for passing on the software laid out in § 3 and does not stop this behaviour immediately
even after receiving a written warning with a threat of withdrawal.
3. If permission to use the software is withdrawn, the Licensee must destroy the original
data carriers and any copies which exist and delete any data and software which is
stored completely and irreversibly. It must provide the Licensor with a written assurance
that the items have been completely destroyed and deleted.
§ 7
Statute of limitations
The Licensee’s claims on account of defects shall become statute-barred within a year. If the
objects of the contract are new moveable assets and the Licensee is a consumer, all
claims shall only become statute-barred after 24 months. The statutory regulations shall
apply to instances of premeditated or fraudulent behaviour, if there is personal injury or in
the case of claims under the German Product Liability Act. The start of the period of
limitation shall be governed by the statutory regulations.
§ 8
Final provisions
The agreement reached here shall be governed by the law of the Federal Republic of
Germany to the exclusion of the UN Convention on Contracts for the International Sale of
Goods. The place of performance for all obligations arising there from shall be Esslingen
(Germany). The parties agree that Esslingen (Germany) shall be the place of jurisdiction for
all disputes arising from this licence agreement if the Licensee is a trader or is of equal
standing to a trader or if its registered office or branch office is abroad.
End User Terms
The data (“Data”) is provided for your personal, internal use only and not for resale. It is
protected by copyright, and is subject to the following terms and conditions which are agreed
Falk IBEX User Manual 73
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