For your convenience, we have provided a translation of this page. This translation is for informational purposes only, and the definitive version of this page is the German version.
General Terms and Conditions for Rental Software (Subscription)
§ 1 Subject Matter of the Contract
(1) The subject of these General Terms and Conditions is the temporary cession (subscription) of the rental software designated in the agreement, hereinafter referred to as “Software”, against payment of a monthly or annual fee.
(2) Licensor is RCS Systemsteuerungen GmbH, Im Paesch 5, 54340 Longuich, Germany, HRB 2938, VAT ID: DE 149 878 899.
(3) The Software also includes subsequent versions or updates of the Software which the Licensor provides to the Customer within the scope of the performance of the contract.
(4) The Licensor is obligated to provide the Customer with the Software in a condition suitable for contractual use in accordance with the following provisions and to maintain this condition within the agreed period of time.
§ 2 Conclusion of Contract
(1) By placing an order, the Customer submits a binding offer to conclude a rental agreement. However, the contract shall not be concluded until the offer is expressly accepted or the Licensor provides the software. If the order is placed via electronic commerce, the License Agreement and these General Terms and Conditions may be retrieved and stored by the customer upon conclusion of the contract.
(2) In the case of electronic orders via the Internet, the Licensor shall automatically confirm receipt of orders by e-mail.
(3) Upon conclusion of the contract, the customer shall be granted the non-transferable and non-exclusive right to use the products covered by the contract for a limited period of time in accordance with the term of the rental agreement.
§ 3 Cession of the Software
(1) The software shall be made available to the Customer by e-mail with an activation key and download link.
(2) The Licensor shall make software updates available to the Customer online in order to fulfill its obligations under the lease agreement.
(3) The Licensor shall inform the Customer in the program about the availability of updates as long as the Customer does not explicitly deactivate this option.
(4) For the purpose of testing the functionality prior to the conclusion of the subscription, the Licensor shall provide a fully functional test version with a time limit.
§ 4 Terms of Payment
(1) Invoices are payable after due date without deduction. The rental charge shall be payable in each case upon conclusion of the contract and at the beginning of the extension of the contract.
(2) We expressly reserve the right to adjust the respective rental fee for the products. In this case, the customer shall be entitled to a special right of termination, provided that he exercises this right after notification of the price increase within the period contained in the notification.
(3) In the event of default, the customer shall pay the statutory default interest. In this case we reserve the right to deactivate the license. We reserve the right to claim further damages.
(4) Your payment is non-refundable and the software is usable until the end of the contract period.
(5) If a dispute, chargeback or refund is initiated by your bank, credit card company or yourself as a customer without you first contacting the Licensor and requesting a resolution, we reserve the right to permanently deactivate the license with the consequence that the Software is no longer usable.
§ 5 Contract Term and Termination
(1) The contract shall be concluded for the period contained and agreed in the order. The contract term shall be automatically extended by the contract term specified in the offer, unless the contract is terminated by one of the contracting parties within 4 weeks until the end of the contract term.
(2) The contract may be terminated by either party for cause.
(3) Notice of termination must be given in writing or alternatively via the link in the order confirmation. Non-activation of the software shall not be deemed to be termination.
(4) In the event of termination, the license will not be deactivated, but cannot be used beyond the primordial contract period.
§ 6 Copyright and Rights of Use
(1) The software is subject to the protection of copyright law.
(2) Upon conclusion of the contract, the customer shall be granted the non-transferable and non-exclusive right to use the software that is the subject of the contract for the duration of the agreed term.
(3) The customer shall have the right to use the software to the extent stipulated in the contract (duration of the lease agreement).
(4) We reserve the right to deactivate the license in the event of copyright infringement or misuse of the software.
(5) With a separate permission to be granted by the Licensor, partner companies are permitted to make the license available to their customer for use.
§ 7 Warranty and Liability
(1) The software is regularly created, revised and updated with the expected care.
(2) If the Software is defective, the Customer shall not be entitled to reduce the rental price to be paid during the occurrence of the defect. Defects in the software are those which nullify or reduce the suitability of the software for use in accordance with the contract, including in particular the lack of or limited functionality and runability or installability of the software. An insignificant reduction in suitability shall not be taken into account.
(3) The Licensor must be notified in writing of any defects that occur.
(4) If the Licensor is in default with his obligation to remedy the defect or if the Licensor is responsible for the circumstance due to which a defect occurs, the Customer may claim damages. The Licensor’s default in remedying the defect shall require a written reminder from the customer.
(5) Further claims of the customer, in particular claims for damages, are excluded.
§ 8 Data Protection / Data Storage
(1) Customer data shall be stored and processed in strict compliance with the Federal Data Protection Act and the GDPR. The customer data is stored in machine-readable form in the form of name, address and communication data of the place of business and processed within the scope of the purpose of the contractual relationship existing with the customer.
§ 9 Support and Obligations to Cooperate
(1) The Licensor shall provide support free of charge during the entire term of the Agreement. The number of requests should not exceed the usual limit. Support shall be provided by means of a support request form at www.rcs-shop.de, by e-mail (German or English) or by telephone (Mon – Fri 9-12, language German only).
(2) In the product description of the software, the hardware and software environment (system environment) required for proper operation is bindingly specified. It is the Customer’s responsibility to ensure a suitable system environment. If this is lacking and the delivered software cannot be used only for this reason, the customer alone shall bear the responsibility for this.
(3) The remedying of defects or the maintenance services by the Licensor shall always refer to the current version of the Software supplied by the Licensor. The customer is therefore obliged to install the respective currently delivered software version within a reasonable period of time.
(4) Insofar as this is necessary for the creation and/or use of a new program version of the leased software, the customer shall provide new versions of the operating system or other third-party resources required for the use of the software, ready for operation, at its own expense.
(5) The aforementioned duties to cooperate (2 to 4) are essential contractual duties. If the Customer violates its duties to cooperate, the Licensor shall not be obligated to perform.