General Terms and Conditions as of 01.01.2021

§ 1 Scope of application

The General Terms and Conditions apply to the entire business relationship between the customer and KLEEN SOFTWARE GMBH.

§ 2 Rights of use, rights of third parties

1. the customer receives a simple 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 permitted 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, edit, modify or translate the software, not even partially, without the prior written consent of KLEEN SOFTWARE GMBH. Furthermore, the Customer may not disassemble, decompile, reconstruct or use other procedures to determine the source code or to obtain 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 a corresponding right of use exists and for which the necessary consent of any persons depicted has been obtained. The copyright to 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 the written permission of 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 copy for backup purposes. However, only one single backup copy may be made and stored. This backup copy must be marked as such of the program provided.

3. the customer is obliged to take suitable precautions to prevent unauthorized access by third parties to the program, the source code, the database and the documentation. The original data carriers supplied and the backup copies must be stored in a place secured against unauthorized access by third parties. The customer's employees must be expressly instructed to comply with these contractual conditions and copyright law.

4. the customer may not make any further copies, including the output of the program code to a printer.

§ 5 Program modifications

1. if errors occur in the system, the customer is entitled to support from KLEEN SOFTWARE GMBH.

2. the corresponding actions may only be left to commercially working third parties who are in a potential competitive relationship with the supplier if the supplier does not want to make the desired program changes for a reasonable fee. The author must be granted a reasonable period of time to examine the acceptance of the order and must be informed of the name of the third party.

3. if the aforementioned actions are carried out for commercial reasons, they are only permitted if they are essential 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 and other features serving to identify the program may not be removed or altered under any circumstances.

§ 6 Warranty and liability

No guarantee can be given that the software is free of errors. Although the greatest care is naturally taken when creating the software, errors cannot be ruled out. The influence of the administrator/user on the system and internal system files/templates via the user interface can lead to errors for which we cannot accept any liability. Furthermore, we cannot vouch for the achievement of customer standards or for the satisfaction of customer requirements. We also cannot guarantee or warrant that this software will work on any computer system, in any environment and with any other program, browser or operating system.

§ 7 Amendments

The customer will be notified in writing of any changes to these terms and conditions. They shall be deemed approved if the customer does not object in writing to KLEEN SOFTWARE GMBH within 6 weeks of 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 the further execution, KLEEN SOFTWARE GMBH fulfills the order by forwarding it to the third party in its own name. In these cases, the liability of KLEEN SOFTWARE GMBH is limited to the careful selection and instruction of the third party.

§ 9 Offers

Our offers are subject to change and non-binding. The current price list and the prices stated in the individual offer are valid.

§ 10 Conclusion 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 indemnifies KLEEN SOFTWARE GMBH from all claims of third parties with regard to the data provided. In the event of data loss, KLEEN SOFTWARE GMBH cannot be held liable and the customer undertakes to transmit all necessary data to KLEEN SOFTWARE GMBH again free of charge.

§ 12 Data protection

The contractual partner agrees that, within the framework of the contract concluded with him, data about his person may be stored, changed and/or deleted and, if necessary, transmitted to third parties. This applies in particular to the transmission of data required for the registration and/or modification of a domain (Internet address).

§ 13 Prices and payments

Invoices shall be issued in accordance with our valid price list or the price individually agreed 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 an invoice statement must 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 good time shall be deemed 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 are only effective if they are 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 General Terms and Conditions.
Should these General Terms and Conditions and/or other contractual agreements contain an invalid provision, all other provisions shall remain unaffected.