Article 5: Engaging third parties
The user is entitled to engage third parties for the performance of the agreement.
Article 18: More other parties; more signatories
In the event that several other parties have concluded an agreement together or several persons have signed an agreement with the user, each of them will be jointly and severally liable for each obligation of the other parties ensuing from such agreement.
The General Provisions of these terms and conditions apply in full. In the event of conflict between the General Provisions and the Specific Provisions and/or in the event of explicit departures from the General Provisions, the Specific Provisions will prevail.
Development of software
The following provisions will apply if the user develops customized software specifically for the other party. ‘Software’ is understood to mean the computer programs recorded on material that can be read by a computer and the related documentation.
Article 22: Guarantee
During a period of three (3) months after acceptance/delivery, the user will repair any defects to the best of its ability, if and in so far as this software does not comply with the specifications laid down in writing. The user does not guarantee that the software will operate without interruption or defects or that all defects will be repaired. Such repairs will only be carried out free of charge if the software was developed for a fixed price, unless the other party has used the software incorrectly or other causes not attributable to the user apply or if the defects could in all reasonableness have been discovered when the acceptance test was carried out. Restoration of any lost data is never included in this guarantee. The guarantee does not apply if the software has been modified and/or processed by parties other than the user.
Right to use standard software
The following provisions apply if the user grants the other party the right to use generally available software that has not specifically been developed for the other party (standard software), even if the software was modified or added to for the other party. ‘Software’ is understood to mean the computer programs recorded on material that can be read by a computer and the related documentation, including any new versions to be provided.
Article 24: Standard software supplier
In the event that a supplier only grants the right to use a standard software in accordance with the provisions of its contract for use or licence agreement or if the maintenance is carried out in accordance with the provisions of the supplier’s maintenance agreement, the provisions of these agreements will apply. The user will inform the other party, at the latter’s request, of the provisions that apply.