Common use of Claims for defects Clause in Contracts

Claims for defects. 37.1 The Contractor shall provide warranty for defects in the Software in accordance with the provisions of this Section 37. 37.2 The quality of the Software is exclusively and conclusively determined by the program description on the Contractor’s website at xxx.xxxx-xxxxx.xx. The Contractor does not provide any warranty for the quality, durability, or any other guarantees with respect to the Software, unless expressly and in writing designated as such in the individual contract. 37.3 A defect for which the Contractor is liable does not exist if the error is based on the use of hardware and environment software that does not meet the system requirements described on the Contractor’s website (xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua- wiki-en/installation/system-requirements). Rights for defects also do not exist for defects resulting from program changes that have not been made, authorized, or approved by the Contractor. If the Client installs the Software themselves, no rights for defects arising from installation-related errors incurred during or after installation shall exist, unless the error is based on faulty installation instructions provided by the Contractor. 37.4 The Contractor shall remedy material and legal defects upon timely and justified notification of defects by the Client. The Contractor is entitled to remedy the defect at its own discretion through rectification or replacement. In particular, the Contractor is entitled to provide defect rectification by delivering new program packages (patches, updates) that no longer contain the errors reported by the Client. The Client shall install such program packages themselves, if reasonable. If this is not the case, the Contractor shall carry out the installation via remote access. In that case, the Client shall grant the Contractor the necessary remote access to the installation environment of the Software. The Contractor is also entitled to provide on-site rectification at the Client’s premises. If reasonable for the Client, the Contractor may provide a workaround solution for the purpose of rectification until the defect is finally resolved. In the event of a legal defect, the Contractor shall, at its discretion, either provide a legally non-defective usability of the Software or modify the Software in such a way that third-party rights are no longer infringed. 37.5 If a defect is not successfully remedied within a reasonable period of time set by the Client for reasons attributable to the Contractor, the Client may reduce the agreed remuneration by a reasonable amount. The right to reduce is limited in amount to the monthly remuneration attributable to the defective part of the performance. 37.6 In case of replacement, the Contractor is also entitled to deliver a new version of the program with equivalent functionality, unless this is unreasonable for the Client, for example, due to the requirement of a different operating system or more powerful hardware. Familiarization of the Client with a possibly modified program structure or user guidance does not generally constitute unreasonableness. 37.7 The right to withdraw from the contract for ongoing use of the Software due to defects is excluded. The right to terminate for cause remains unaffected by this.

Claims for defects. 37.1 19.1 The Contractor shall provide a warranty for defects in the Software in accordance with the provisions of this Section 3719. 37.2 19.2 The quality of the Software is exclusively and conclusively determined by the program description on the Contractor’s website at xxx.xxxx-xxxxx.xx. The Contractor does not provide any warranty for the quality, durability, or any other guarantees with respect to for the Software, unless expressly the Contractor has explicitly and in writing assumed a warranty designated as such in the individual contract. 37.3 19.3 A defect for which the Contractor is liable does is not exist considered if the error is based on the use of hardware and environment software that does not meet the system requirements described on the Contractor’s website (xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua- wiki-en/installation/system-xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua-wiki-en/installation/system- requirements). Rights There are also no rights for defects also do not exist for defects resulting from caused by program changes modifications that have not been made, authorizedinitiated, or approved by the Contractor. If the Client installs the Software themselves, there are no rights for defects arising from installation-related errors incurred during or after installation shall exist, unless installation. This does not apply if the error is based on faulty installation instructions provided by the Contractor. 37.4 19.4 The Contractor shall will remedy material and legal defects upon after a timely and justified notification of defects substantiated complaint by the Client. The Contractor is entitled to remedy the defect at its own discretion through rectification or replacement. In particular, own 19.5 If the Contractor is entitled to provide defect rectification by delivering new program packages (patches, updates) that no longer contain the errors reported by the Client. The Client shall install such program packages themselves, if reasonable. If this is not the case, the Contractor shall carry out the installation via remote access. In that case, the Client shall grant the Contractor the necessary remote access to the installation environment of the Software. The Contractor is also entitled to provide on-site rectification at the Client’s premises. If reasonable for the Client, the Contractor may provide a workaround solution for the purpose of rectification until the defect is finally resolved. In the event of a legal defect, the Contractor shall, at its discretion, either provide a legally non-defective usability of the Software or modify the Software in such a way that third-party rights are no longer infringed. 37.5 If a defect is not successfully remedied remedy fails within a reasonable period of time set by the Client for reasons attributable to the Contractorat least four (4) weeks, the Client may reduce demand a reasonable reduction of the agreed remuneration by a reasonable amountprice. The There is no right to reduce is limited in amount to the monthly remuneration attributable to the defective part of the performancerescission. 37.6 19.6 In the case of replacementreplacement delivery, the Contractor is also entitled to deliver provide a new version of the program with an equivalent functionalityscope of functions, unless this is unreasonable for the Client, for example, due to the requirement of a different operating system or more powerful hardware. Familiarization of the Client with a possibly modified any changed program structure or user guidance generally does not generally constitute unreasonableness. 37.7 The right to withdraw from 19.7 If the contract for ongoing use Contractor performs the installation on behalf of the Client in accordance with the individual contract, the Client’s warranty rights shall expire one (1) year after complete installation of the Software by the Contractor. Otherwise, the Client’s claims for defects shall expire one (1) year after the Client’s download of the Software. In case of fraudulent concealment of a defect, statutory warranty provisions apply. 19.8 Section 7 applies to claims for damages due to defects is excluded. The right to terminate for cause remains unaffected by thisdefects.

Claims for defects. 37.1 19.1 The Contractor shall provide a warranty for defects in the Software in accordance with the provisions of this Section 3719. 37.2 19.2 The quality of the Software is exclusively and conclusively determined by the program description on the Contractor’s website at xxx.xxxx-xxxxx.xxxxxxx://xxxx-xxxxx.xx. The Contractor does not provide any warranty for the quality, durability, or any other guarantees with respect to for the Software, unless expressly the Contractor has explicitly and in writing assumed a warranty designated as such in the individual contract. 37.3 19.3 A defect for which the Contractor is liable does is not exist considered if the error is based on the use of hardware and environment software that does not meet the system requirements described on the Contractor’s website (xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua- wiki-en/installation/system-xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua-wiki-en/installation/system- requirements). Rights There are also no rights for defects also do not exist for defects resulting from caused by program changes modifications that have not been made, authorizedinitiated, or approved by the Contractor. If the Client installs the Software themselves, there are no rights for defects arising from installation-related errors incurred during or after installation shall exist, unless installation. This does not apply if the error is based on faulty installation instructions provided by the Contractor. 37.4 19.4 The Contractor shall will remedy material and legal defects upon after a timely and justified notification of defects substantiated complaint by the Client. The Contractor is entitled to remedy the defect at its own discretion through rectification or replacement. In particular, own 19.5 If the Contractor is entitled to provide defect rectification by delivering new program packages (patches, updates) that no longer contain the errors reported by the Client. The Client shall install such program packages themselves, if reasonable. If this is not the case, the Contractor shall carry out the installation via remote access. In that case, the Client shall grant the Contractor the necessary remote access to the installation environment of the Software. The Contractor is also entitled to provide on-site rectification at the Client’s premises. If reasonable for the Client, the Contractor may provide a workaround solution for the purpose of rectification until the defect is finally resolved. In the event of a legal defect, the Contractor shall, at its discretion, either provide a legally non-defective usability of the Software or modify the Software in such a way that third-party rights are no longer infringed. 37.5 If a defect is not successfully remedied remedy fails within a reasonable period of time set by the Client for reasons attributable to the Contractorat least four (4) weeks, the Client may reduce demand a reasonable reduction of the agreed remuneration by a reasonable amountprice. The There is no right to reduce is limited in amount to the monthly remuneration attributable to the defective part of the performancerescission. 37.6 19.6 In the case of replacementreplacement delivery, the Contractor is also entitled to deliver provide a new version of the program with an equivalent functionalityscope of functions, unless this is unreasonable for the Client, for example, due to the requirement of a different operating system or more powerful hardware. Familiarization of the Client with a possibly modified any changed program structure or user guidance generally does not generally constitute unreasonableness. 37.7 The right to withdraw from 19.7 If the contract for ongoing use Contractor performs the installation on behalf of the Client in accordance with the individual contract, the Client’s warranty rights shall expire one (1) year after complete installation of the Software by the Contractor. Otherwise, the Client’s claims for defects shall expire one (1) year after the Client’s download of the Software. In case of fraudulent concealment of a defect, statutory warranty provisions apply. 19.8 Section 7 applies to claims for damages due to defects is excluded. The right to terminate for cause remains unaffected by thisdefects.

Claims for defects. 37.1 The Contractor shall provide warranty for defects in the Software in accordance with the provisions of this Section 37. 37.2 The quality of the Software is exclusively and conclusively determined by the program description on the Contractor’s website at xxx.xxxx-xxxxx.xxxxxxx://xxxx-xxxxx.xx. The Contractor does not provide any warranty for the quality, durability, or any other guarantees with respect to the Software, unless expressly and in writing designated as such in the individual contract. 37.3 A defect for which the Contractor is liable does not exist if the error is based on the use of hardware and environment software that does not meet the system requirements described on the Contractor’s website (xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua- wiki-en/installation/system-requirements). Rights for defects also do not exist for defects resulting from program changes that have not been made, authorized, or approved by the Contractor. If the Client installs the Software themselves, no rights for defects arising from installation-related errors incurred during or after installation shall exist, unless the error is based on faulty installation instructions provided by the Contractor. 37.4 The Contractor shall remedy material and legal defects upon timely and justified notification of defects by the Client. The Contractor is entitled to remedy the defect at its own discretion through rectification or replacement. In particular, the Contractor is entitled to provide defect rectification by delivering new program packages (patches, updates) that no longer contain the errors reported by the Client. The Client shall install such program packages themselves, if reasonable. If this is not the case, the Contractor shall carry out the installation via remote access. In that case, the Client shall grant the Contractor the necessary remote access to the installation environment of the Software. The Contractor is also entitled to provide on-site rectification at the Client’s premises. If reasonable for the Client, the Contractor may provide a workaround solution for the purpose of rectification until the defect is finally resolved. In the event of a legal defect, the Contractor shall, at its discretion, either provide a legally non-defective usability of the Software or modify the Software in such a way that third-party rights are no longer infringed. 37.5 If a defect is not successfully remedied within a reasonable period of time set by the Client for reasons attributable to the Contractor, the Client may reduce the agreed remuneration by a reasonable amount. The right to reduce is limited in amount to the monthly remuneration attributable to the defective part of the performance. 37.6 In case of replacement, the Contractor is also entitled to deliver a new version of the program with equivalent functionality, unless this is unreasonable for the Client, for example, due to the requirement of a different operating system or more powerful hardware. Familiarization of the Client with a possibly modified program structure or user guidance does not generally constitute unreasonableness. 37.7 The right to withdraw from the contract for ongoing use of the Software due to defects is excluded. The right to terminate for cause remains unaffected by this.