1 Delivery dates are binding for the Licensor only if expressly confirmed by it in writing. An exception is made in the case of hindrances to delivery outside the area of influence of the Licensor such as appreciable disturbances to operation, breakdown in telecommunications connections, industrial disputes, official measures or force majeure. If a binding delivery date cannot be met by the Licensor for reasons attributable to it, the Licensee shall twice set a reasonable grace period of at least 10 working days on each occasion. If the Licensor does not meet the second period, the Licensee shall be entitled to withdraw from the agreement. Reminders and notifications of grace periods shall be given in writing.
10. Infringement of intellectual property rights
1 The Licensor shall defend claims brought by third parties against the Licensee on the grounds of infringement of intellectual property rights through legitimate use of the Software at its own expense (incl. damages) and risk, provided that the Licensee notifies the Licensor of such claims immediately in writing and allows it sole power of decision regarding the conduct of any proceedings or other measures for judicial or out-of-court settlement of the dispute and providing that the Licensee did not predominantly cause or bear the responsibility for the claim by the third party or for a non-appealable judgment against it.
2 If such claims are asserted by third parties, the Licensor may, as it prefers, either procure for the Licensee the right to continued use of the Software, or replace it with equivalent software, or cancel the agreement and refund the price paid by the Licensee. Any liability on the part of the Licensor shall be regulated according to section 12.
1 The warranty by the Licensor is only valid for a Licensee who purchased the Software directly from the Licensor, and refers to repeatable defects sufficiently documented by the Licensee in the unmodified Software acquired from the Licensor, i.e. to deviations from the description of the programs in the associated documentation and only if the defects result in a serious impairment of the intended and contractually-compliant use. The Licensor shall provide no warranty for performance features, functionalities, possibilities for use, or other properties of the Software not described in the documentation.
2 The Licensor shall endeavor to rectify a defect through supply of a corrected version (update) or a workaround solution or information as to how to avoid the effects of the defect. If a defect cannot be eliminated within two reasonable grace periods set in writing by the Licensee, each of at least 20 working days, then, and providing that the Software was purchased directly from the Licensor, the Licensee shall have a claim to a reduction in the price or, in the case of a severe defect, to cancellation of the agreement and refund of the price paid.
3 The warranty period shall amount to 2 months from either the date of the supply of the Software by the Licensor or download thereof by the Licensee. Rectification of defects or replacement of the Software or parts thereof shall not result in prolongation of the warranty.
4 All more extensive warranty claims shall be excluded, in particular in connection with defects and malfunctions for which the Licensor is not responsible such as force majeure, incorrect installation, intervention by the Licensee or third parties, unsuitable usage conditions or environmental influences. If, after investigation of a purported defect, it transpires that there is no defect, the Licensor shall be entitled to invoice the Licensee for the costs of the investigation at the Licensor’s rates in force at the time of the investigation.
1 The Licensor shall be liable for any grossly negligent or intentional loss or damage caused by it and its senior executive bodies. Any more extensive liability, in particular for consequential loss or damage and other indirect loss or damage such as, for example, loss of profit, claims of third parties against the