General Standard Terms and Conditions of the Service Contract
The software maintenance shall ensure that programs received by the client from PLS are updated with the latest version released by PLS. The latest program version released by PLS and received by the client is the subject matter of the software maintenance.
1.1 Software modifications
pls shall update the client's software from time to time to the latest released version by supplying him with updates. These updates contain new versions of the standard software containing PLS solutions to known problems. Program modifications required as a result of modifications by product manufactures, authorities, VDI or DIN standards etc, are excluded.
1.2 Hot line service
Should software problems occur, the client has the right to use the hot line service provided by the PLS company. This includes:
- Installation problems and associated queries on the hardware configuration
- Queries on program sequences
- Specialist support with program applications
- Assistance with the configuration of the communications hardware and target software / hardware
- Replacing faulty diskettes or other non-PLS software, where faults have arisen as a result of actions by third parties
- Specialist assistance with the operation and explanation of programs, which run on UDE such as, C compilers, CASE tools etc
- During the contract period, an on-going account shall be assigned to the client in the PLS mailbox, allowing him to upload problem files, and download program updates
Should software problems occur on the client's system, for which no temporary solutions are known, and which cannot be resolved by telephone / mailbox support, the client may submit an error report to PLS. This error report allows an error in the PLS software to be demonstrated and to be cleared independent of the concrete problem on the client's system. Insofar as the problem is a minor deviation from the specification published by PLS, the PLS software, operating instructions, and other relevant documentation will be revised, and the problem resolved in the next update.
The annual remuneration package corresponds to the amount per year as indicated overleaf; it is calculated in advance at the beginning of the service contract and applies to one workstation. The remuneration is a firm price for the current contract year. PLS is entitled to review the remuneration at the beginning of the following contract year in line with the increase in standard wage rates. PLS shall inform the client in writing of any change in remuneration at least 6 weeks before the beginning of the next service year.
Any claims by the client for damages, and especially for consequential damages or lost profits against PLS, and its servants or assistants, are excluded, except if PLS is compulsorily liable because of intent or criminal negligence or the absence of warranted features. This also applies, insofar as such claims have been derived at the conclusion of the contract from incorrect consultation, illegal action, producer's liability, positive breach of obligation or indebtedness.
4. Software rights
All software and documentation rights etc, including copying and modifications, remain with PLS. The client may not allow access to this software, documentation and other documents by third parties without written agreement from PLS.
The service contract period is 12 months, unless otherwise agreed in writing. The service contract shall be automatically terminated after the agreed contract period, if the client does not apply in writing to renew the contract.
Any amendments to this contract - including any assurances by PLS - require written agreement and express notification that the matter concerns an amendment to the contract. The client has no right of retention. He may not settle debt claims, which have not been acknowledged in writing by PLS or have not been established in law. Dresden shall be the court of jurisdiction for all contractual claims and all claims related to this contract.