General Terms and Conditions

§ 1 Scope of Application
The General Terms and Conditions apply to the entire business relationship between the customer and KLEEN SOFTWARE GmbH Dipl.-Ing. Uwe Kleen.

 

§ 2 Rights of Use, Third Party Rights
(1) The Customer shall receive a non-exclusive right of use to the delivered software for an unlimited period of time. The right of use is personal, non-transferable and non-exclusive.
2 KLEEN SOFTWARE GmbH retains full ownership rights to the software solutions. The licensed software solutions are protected by copyright. They are provided for use and are not sold. 3.
The customer is not allowed to lend, rent or lease the software. Unless expressly stipulated in writing or required within the scope of the contractual use, the Customer may not reproduce, modify or translate the Software, even partially, without the prior written consent of KLEEN SOFTWARE GmbH. Furthermore, the Customer may not disassemble, decompile, reconstruct or use any other procedures to determine the source code or to obtain any other information about the conception or creation of the Software.

 

§ 3 Copyrights
The customer bears all legal responsibility with regard to copyright protection, protection of minors, press law and the "right to one's own image". For publications commissioned by the Customer, only texts and images are to be published or made available for publication for which an appropriate right of use exists and for which the necessary consent of any persons depicted has been obtained. The copyright on all works created by KLEEN SOFTWARE GmbH remains with KLEEN SOFTWARE GmbH.

 

§ 4 Reproduction Rights and Access Protection
1 The Customer undertakes to use the underlying software exclusively for the purposes specified in the contract. The entire source code, as well as individual modules and functions, may not be passed on to third parties or used for other own projects. No modifications may be made to the existing software without written permission from KLEEN SOFTWARE GmbH. KLEEN SOFTWARE GmbH must always be listed in the imprint of the software as long as components of the software are used for the software.
2. in addition, the customer may make a duplication for backup purposes. However, only one backup copy may be made and kept at any one time. This backup copy shall be marked as such of the program provided. 3.
The customer is obligated to prevent the unauthorized access of third parties to the program, the source code, the data base as well as the documentation by suitable precautions. The delivered original data carriers as well as the backup copies shall be kept in a place secured against unauthorized access by third parties. The customer's employees are to be emphatically instructed to comply with these contractual terms and conditions as well as with copyright law. 4.
4. the customer may not make further copies, which also include the output of the program code to a printer.

 

 

§ 5 Program modifications
1. in case of occurring errors in the system, the support by KLEEN SOFTWARE GmbH is available to the Customer.
2. the corresponding actions may only be left to commercially working third parties, which are in a potential competitive relationship with the supplier, if the supplier does not want to carry out the desired program changes for an appropriate fee. The author shall be granted a sufficient period of time to examine the acceptance of the order and shall be informed of the name of the third party. 3.
3. if the aforementioned actions are performed for commercial reasons, they are only permitted if they are indispensable for the creation, maintenance or functioning of an independently created interoperable program and the necessary information has not been published or is otherwise accessible.
4. copyright notices, serial numbers as well as other features serving the program identification may not be removed or changed under any circumstances.


§ 6 Warranty and liability
No guarantee can be given that the software is free of errors. Although the greatest care is of course taken in the creation, errors can still not be excluded. Due to the influence of the administrator/user on the system and system internal files/templates via the user interface, errors can occur for which we cannot accept any liability. Furthermore, we cannot vouch for the achievement of customer standards or for the satisfaction of customer needs. Nor can we guarantee or warrant that this software will work on any computer system, environment or with any other program, browser or operating system.  

 

§ 7 Changes
The customer will be notified in writing of any changes to these terms and conditions. They are considered approved if the customer does not object in writing to KLEEN SOFTWARE GmbH within 6 weeks after notification of the changes. In case of doubt, the date of the postmark shall apply.

 

§ 8 Forwarded Orders
If an order is typically executed in such a way that KLEEN SOFTWARE GmbH entrusts a third party with its further execution, KLEEN SOFTWARE GmbH shall fulfill the order by forwarding it to the third party in its own name. In such cases, KLEEN SOFTWARE GmbH's liability shall be limited to the careful selection and instruction of the third party.

 

§ 9 Offers
Our offers are subject to change and non-binding. Valid are the current price list and the prices stated in the individual offer.

 

§ 10 Formation of the contract
A contract with KLEEN SOFTWARE GmbH is concluded by the transmission of the signed customer order by fax, electronic mail or delivery and the order confirmation by KLEEN SOFTWARE GmbH.

 

§ 11 Data
The Customer shall indemnify KLEEN SOFTWARE GmbH against all claims of third parties with regard to the data provided. In the event of loss of data, KLEEN SOFTWARE GmbH cannot be held liable and the Customer undertakes to re-transmit all necessary data to KLEEN SOFTWARE GmbH free of charge.

 

§ 12 Data Protection
The contracting party agrees that within the scope of the contract concluded with him, data concerning his person are stored, changed and/or deleted and transmitted to third parties within the scope of necessity. This applies in particular to the transmission of data necessary for the registration and/or change of a domain (Internet address).

 

§ 13 Prices and payments
Invoices are issued according to our valid price list or the price agreed individually with the customer. All invoices are payable immediately and without deduction. If the customer is in arrears with due payments, KLEEN SOFTWARE GmbH reserves the right not to perform further services until the outstanding amount has been settled and to pass on any resulting costs to the customer. Objections due to incorrectness or incompleteness of a statement of account shall be raised by the Customer in writing within a period of six weeks after receipt of the invoice at the latest. In case of doubt, the date of the postmark shall apply. Failure to raise objections in due time shall be deemed to constitute approval.

 

§ 14 Applicable law and place of jurisdiction
German law shall apply to all contracts. The place of jurisdiction is Hamm.

 

§ 15 Final Provisions
Deviations from these terms and conditions shall only be effective if agreed in writing.
KLEEN SOFTWARE GmbH's legal successors shall also be bound by the obligations arising from contracts concluded on the basis of these Terms and Conditions.
Should these General Terms and Conditions and/or further contractual agreements contain an invalid provision, all other provisions shall remain unaffected.