Common use of Claims for defects Clause in Contracts

Claims for defects. (1) The Licensor warrants that the Software corresponds to the product description in the License Agreement. Technical data, specifications and performance data in public statements, particularly in adverts, are not quality specifications. (2) If the Software shows defects, the Licensee can request that the Licensor rectify the defect within a suitable period of time. If the defect does not affect or only in- significantly affects the functionality of the Software, the Licensor is entitled to rectify the defect, to the exclusion of other warranty rights, by providing a new program version or a further development of the Software as part of its general version planning. (3) As part of rectifying the defect, measures may be performed remotely by tele- phone, e-mail or via remote access at the Licensor’s request. The Licensee shall grant TRUMPF access to its system and the Software installed on it to provide the contractual services to rectify the error in the necessary scope. This includes the option of accessing the Software by remote maintenance (such as by VPN). The Licensee is obliged to establish the necessary technical requirements for re- xxxx access at TRUMPF’s request. (4) The Licensor can refuse to perform the improvement until the Licensee has paid the Licensor the agreed remuneration less an amount that equates to the eco- nomic value of the defect. The Licensor is also entitled to refuse the warranty if the Licensee has not given notice of the defects giving an understandable de- scription of the error symptoms in writing and, if possible, by submitting drawings, screenshots or other documents that illustrate the defects to be prepared in writ- ing immediately after the defect is identified and/or does not give TRUMPF re- xxxx access according to paragraph (3). (5) The Licensee shall submit to TRUMPF the name of a qualified employee as the main contact partner, who will adequately support TRUMPF when rectifying de- fects and make or immediately obtain all decisions relating to the provision of ser- vices by TRUMPF or acts of participation by the Licensee. (6) The Licensor shall ensure that the Software is free of third-party rights that would prevent the contractual use by the Licensee. (7) If there are defects of title, the Licensor is entitled to choose either itself or TRUMPF a) to perform suitable measures that remove the third-party rights or their as- sertion preventing the contractual use of the Software or b) to change or replace the Software in a way that it no longer violates the rights of third parties if and provided this does not impair the agreed func- tionality of the Software. (8) The limitation period for warranty claims for defects shall begin upon delivery of the first copy of the Software including application documents. This shall not ap- ply to warranty claims for defects that first affect subsequent copies delivered. (9) If an alleged defect cannot be classified as a warranty obligation of the Licensor following review (imaginary defect), the Licensee can be charged with the ser- vices provided by the Licensor to verify and rectify the error at the valid remunera- tion rates plus the expenses incurred unless the Licensee would not have been able to identify the imaginary defect even by exerting due diligence. (10) The limitation period for warranty claims is one year. (11) If the Software is rented, liability for initial defects regardless of fault according to Sec. 536a (1) of the German Civil Code (BGB) is excluded. (12) TRUMPF points out that there may be compatibility problems with the Software if OSS modules are used that do not exactly correspond to the OSS modules speci- fied by TRUMPF in the product description e.g. because an OSS module has a different release version. Furthermore, changes or adjustments the Licensee makes to the OSS modules can impair the functionality and compatibility prob- lems can occur. There are no warranty claims for the compatibility and functionali- ty of the Software with OSS modules that do not correspond with the specifica- tions or have been changed by the Licensee.

Claims for defects. (1) The Licensor licensor warrants that the Software software corresponds to the product description in attached to the License Agreementpurchase order note. Technical data, specifications and performance data figures in public statements, particularly especially in advertspublicity material, are do not represent quality specifications. (2) If the Software shows software contains defects, the Licensee can request that the Licensor rectify licensee is entitled to demand rectification of the defect by the licensor within a suitable an appropriate period of time. If the defect does not affect or only in- significantly affects impair the functionality of the Softwaresoftware, or only does so to an insignificant extent, the Licensor is licensor shall be entitled to rectify the defect, – to the exclusion of other further warranty rights, rights – to rectify the defect by providing supplying a new program version or a further development of the Software as part software in the course of its general version planning. (3) As part Measures taken in the course of rectifying the defect, measures defect rectification may be performed remotely provided via remote maintenance over the telephone, by tele- phone, e-mail or via remote access at the Licensor’s requestlicensor's choice. The Licensee In order for the contractual fault rectification activities to be carried out, the licensee shall grant TRUMPF the necessary scope of access to its system systems and the Software software installed on it to provide the contractual services to rectify the error in the necessary scopethereon. This includes the option possibility of accessing the Software by software via remote maintenance (such as by e.g. via VPN). The Licensee licensee is obliged to establish the necessary technical requirements conditions for re- xxxx remote access at when requested to do so by TRUMPF’s request. (4) The Licensor licensor can refuse to perform carry out the improvement corrective measures until the Licensee licensee has paid the Licensor the agreed remuneration less an amount that equates to the eco- nomic value licensor, less a portion corresponding to the commercial significance of the defectdefect which is the subject of complaint. The Licensor Furthermore, the licensor is also entitled to refuse to honor the warranty if the Licensee licensee has not given notice notification of the defects giving an understandable de- scription with a clearly comprehensible description of the error fault symptoms in writing and, if as far as possible, by submitting drawingsmaking available written records, screenshots or and other documents that illustrate which must be produced in order to clarify the defects to be prepared in writ- ing immediately without delay after they have been observed and/or if the defect is identified and/or licensee does not give enable TRUMPF re- xxxx to have remote access according to paragraph (3)section 3 above. (5) The Licensee shall submit to licensee informs TRUMPF the name of a qualified employee as to be the main point of contact partnerwho provides TRUMPF with appropriate support in the course of rectifying the defect, who will adequately support TRUMPF when rectifying de- fects and make or immediately obtain taking all decisions relating to the provision of ser- vices services by TRUMPF or acts of participation participatory activities by the Licenseelicensee, or else ensuring that such decisions are taken without delay. (6) The Licensor shall ensure licensor warrants that the Software software is free not subject to the rights of third-party rights that third parties which would prevent the contractual use by the Licenseelicensee according to the agreement. (7) If there are In the event that defects of titletitle exist, the Licensor licensor is entitled to choose either itself or TRUMPFwhether it a) to perform shall take suitable measures that remove to eliminate the third-party rights of third parties or their as- sertion preventing the assertion of the same which are impairing the contractual use of the Software software or b) to change shall modify or replace the Software software in such a way that it no longer violates the external rights of third parties are no longer violated, if and provided this does not impair to the agreed func- tionality extent that the warranted function of the Softwaresoftware is not thereby impaired. (8) The limitation period for warranty Warranty claims for due to defects shall begin upon come into force on delivery of the first copy duplicated item of the Software software, including application documentsdocumentation. This shall does not ap- ply apply to warranty claims for on the grounds of defects that first which only affect subsequent copies delivereddeliveries of duplicated items. (9) If an alleged defect In the event that a claimed defect, after having undergone corresponding investigation, cannot be classified as allocated to a warranty defect liability obligation on behalf of the Licensor following review licensor (imaginary false defect), the Licensee can licensee may be charged with for the ser- vices activities provided by the Licensor licensor in order to verify and rectify the error fault, at the particular valid remunera- tion remuneration rates plus the expenses incurred incurred, unless the Licensee would licensee could not have been able to identify detected the imaginary false defect even by exerting due diligenceif it had exercised the appropriate level of care. (10) The limitation period for warranty Warranty claims is shall expire after one year. (11) If the Software is rented, liability for initial defects regardless of fault according to Sec. 536a (1) of the German Civil Code (BGB) is excluded. (12) TRUMPF points out that there may be compatibility problems with the Software if OSS modules are used that do not exactly correspond to the OSS modules speci- fied by TRUMPF in the product description e.g. because an OSS module has a different release version. Furthermore, changes or adjustments the Licensee makes to the OSS modules can impair the functionality and compatibility prob- lems can occur. There are no warranty claims for the compatibility and functionali- ty of the Software with OSS modules that do not correspond with the specifica- tions or have been changed by the Licensee.