1 Scope of Application
Deutsche Post AG, hereinafter referred to as "Deutsche Post," shall provide the customer with the Deutsche Post Matrixcode Checker software to download via the Internet pursuant to the following Terms and Conditions of Use.
2 Purpose of Usage
By installing the software on one of the customer's standard PCs, the customer is provided with the technical means to read matrix codes by using an appropriate scanner and to represent the contents of the code.
3 Terms and Conditions of Use
- The software is protected by copyright law. Deutsche Post shall transfer to the customer the non-exclusive, non-assignable right to use the software and the accompanying user documentation for decoding matrix codes that it has created on the basis of a specification from Deutsche Post. This refers exclusively to matrix codes produced by the customer in order to review its quality; decoding third party codes is not permissible.
- The customer shall be authorized to reproduce the software provided that the relevant reproduction is required for the use of the software as per the agreement, including fault clearance. Otherwise the customer is not authorized to copy the software and/or the accompanying documentation.
- The customer shall ensure that third parties are prevented from copying the software and/or the accompanying documentation.
- The customer is authorized to make a machine-readable copy of the software and the documentation for backup purposes.
- The customer is prohibited from performing any reverse engineering of the various production stages of the software including any modifying of the program; this applies especially to a reverse translation of the provided program code into other code forms (decompiling).
- The customer shall bear all the costs arising when it uses the software.
4 Liability
- Deutsche Post shall be liable for damage caused by deliberate intent or gross negligence by Deutsche Post, its legal representatives, and its Erfüllungsgehilfen, i.e. persons engaged by Deutsche Post to perform its contractual obligations and for whom it is vicariously liable.
- Deutsche Post shall also bear liability for damage resulting from an injury to life, limb, or health, which is caused by a slightly negligent breach of duty by itself, one of its representatives, or one of its Erfüllungsgehilfen.
- Deutsche Post shall only be liable for damage to property and assets caused by minor negligence in the event of a breach of essential duties under the agreement (cardinal duties), and this shall be limited to damage foreseeable when the agreement was concluded and to damage typical under the agreement.
- Unless compelling legal regulations determine otherwise, any other liability of Deutsche Post shall be excluded.
5 Other provisions
The place of jurisdiction for all disputes arising from or in connection with this agreement shall be Bonn.