Extract of the General Business Terms and Conditions of PROGNOST Systems GmbH:
§ 1 Applicable Law
- German law shall be applicable for all of the business transactions conducted by PSG, unless otherwise specifically agreed upon.
- The following conditions shall be exclusively applicable, unless specifically agreed upon in writing, for all current and future contracts, deliveries and services. All earlier agreed upon conditions hereby lose its validity.
- Contingent deviating business conditions of the customer, especially purchase conditions, shall not be applicable, even if we do not specifically contradict them.
- Our offers, prices and other statements are subject to change, unless other conditions have been specifically agreed upon in writing.
- Customer orders are in an accepted status only, if they have been confirmed in writing, via facsimile, delivery of the product or remittance of an invoice.
§ 2 Software/Hardware System Utilization
- If the software is delivered by PSG, either individually or in connection with system deliveries (Operating software, user programs and/or written data), the object of this contract shall be the delivery and availability of the programs on data carrier for the purpose of use and utilization by the customer, including the installation manual and a description, which enables the use of the programs. This description can be also part of the program (i.e., in form of online help texts). The description of the programs in the prospectus and similar documents is only a description of the services and shall give no assurance of features.
- PSG is the owner and/or licensed user of all patent rights and non-patent right procedure technologies, existing within the programs.