Terms and Conditions for Code Packages
Scope
These Terms and Conditions govern the rights and obligations between ITSSCT UG (limited liability) as provider and the purchaser as licensee for supplied code packages. Deviating terms of the licensee are only effective if ITSSCT expressly agrees to them in writing.
Grant of License
ITSSCT grants the licensee a simple, non-transferable, non-exclusive right to use the supplied code once on the licensee’s website specified in the purchase agreement. The license applies exclusively to the operation, display, and maintenance of that website.
Changes and Modifications
The licensee is entitled to supplement, adapt, or modify the supplied code for the purposes permitted in these Terms and Conditions. Copyright notices, copyright markings, and license notices of the licensor must be left in the original code by the licensee unchanged, insofar as technically possible and reasonable.
Prohibited Uses
The code must not be passed on, distributed, sublicensed, rented, sold, or otherwise commercially exploited to third parties in original or modified form. Any circumvention of the restrictions set forth in these Terms and Conditions is prohibited.
Contractual Penalty and Legal Consequences
In the event of intentional or negligent violation of the prohibitions under Clause 4, the licensee undertakes to pay a lump-sum contractual penalty of EUR 100,000 to ITSSCT. Further claims for damages by ITSSCT remain unaffected. The contractual penalty will be credited against proven damages. The contractual penalty is due within 14 days of receipt of ITSSCT’s written payment request.
Warranty, Liability and Term
Warranty: ITSSCT warrants that it is entitled to grant the license and that the delivered code is basically functional at the time of handover. Further warranties are excluded.
Liability: ITSSCT’s liability for slight negligence is excluded. Liability for intent and gross negligence remains unaffected. To the extent permitted by law, liability is limited to typically foreseeable damage.
Term and Termination: The license comes into effect upon receipt of full payment and is perpetual if used in accordance with the contract. In the event of material breach of contract, in particular violations of the prohibitions on transfer, ITSSCT is entitled to terminate the license without notice.
Final Provisions
Severability Clause: If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by valid provisions that most closely approximate the economic purpose.
Amendments: Amendments and additions to these Terms and Conditions must be made in writing.
Applicable Law and Jurisdiction: German law applies. To the extent permitted, the place of jurisdiction is the registered office of ITSSCT.