§1 Scope of application
(1) These Special Terms and Conditions contain the terms and conditions applicable exclusively between the user and Caterna Vision GmbH, David-Gilly-Str. 1 14469 Potsdam, Germany, for the use of Caterna Vision GmbH vision training and complementary applications for mobile devices.
§2 Provision of software
(1) Caterna provides the user with the use of the Caterna Visual Training (hereinafter referred to as application software). The scope of functions is specified in the application documentation provided to the user. The application software is made available via the Internet, unless freely accessible, by assigning personalised access data. The application software shall remain on Caterna’s server. Caterna is not responsible for the quality of the required hardware and software on the part of the user or for the establishment and maintenance of the user’s Internet connection. Caterna Sehschulung is protected by copyright.
(2) Caterna will use the currently offered version of the application software to be provided within the scope of technical possibilities if the modification of the software version is reasonable for the user, taking into account Caternas interests. Caterna shall inform the user of any changes to the software used. However, the user shall not be entitled to the use of a newer version of the contractual application software.
(3) The use of the application software is made available to the user during the operating times specified in the user documentation. Outside this period, Caterna shall not be obliged to make the application software available for use.
(4) Caterna shall make the application software available to the user for use on the Internet during the period specified in para. 3 with an availability of 98.5%. The availability shall be calculated on the basis of the time accruing in the contract period for the respective calendar month.
§3 Training and Hotline
(1) The user is introduced to the operation of the software by an FAQ. Caterna shall not owe the user any separate training. In addition, the user shall receive a user manual.
(2) Caterna shall provide the User with a hotline for technical support as well as for reporting faults, which can be reached by e-mail, fax or telephone. The hotline serves solely to support the user in the use of Caternas services owed under this contract. The Hotline is also made available to other users. Requests to the Hotline will be processed in the order in which they are received.
§4 Access authorization
(1) For access to the application software, unless freely accessible, the user receives an access authorization consisting of a user password and a password. User password and password may only be communicated by the user to the users authorized by him and must otherwise be kept secret.
§5 Cooperation services of the user
(1) The contractual use of the services of Caternas depends on the fact that the hardware and software used by the user, including workstations, routers, data communication media, etc., meet the technical minimum requirements for the use of the currently offered software version and that the users authorized by the user to use the application software are familiar with the operation of the software. To use the services of Caternas, the user shall only use hardware and software that meets the minimum requirements specified in the user documentation. The configuration of his IT system is the responsibility of the user. Caterna offers to support the user against payment on the basis of a separate agreement.
§6 Rights
(1) The user receives a simple, non-transferable and non-sublicensable right to use the application software, limited to the term of the contract.
The user is not entitled to allow third parties to use the services of Caternas. Third parties are not those who make use of the services free of charge on behalf of the user, such as employees of the user or freelancers within the scope of the contractual relationship.
(2) The user grants Caterna the right to reproduce the data to be stored by Caterna for the user, insofar as this is necessary for the provision of the services owed under this contract. He is also entitled to store the data in a failure computer centre. Caterna shall also be entitled to make changes to the structure of the data or the data format in order to eliminate malfunctions.
§ 7 Remuneration, term
(1) The remuneration as well as the duration of the contract result from a separate agreement.
§ 8 Liability for defects
(1) If the services provided by Caterna are defective with regard to the provision of software because their suitability for contractual use is not only insignificantly eliminated, Caterna shall be liable in accordance with the statutory provisions for material defects and defects of title. Caterna shall only be liable for defects in the application software that already existed when the software was handed over to the user if Caterna is responsible for these defects.
(2) The user must immediately notify Caterna of any defects.
(3) With the exception of the user’s claim to remedy of defects, which does not expire during the contract period, the warranty claims expire in one year. Deviating from this, the statutory limitation periods for claims for damages due to injury to life, limb or health as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by Caterna or its vicarious agents shall apply.
§ 9 Scope and limitation of liability
(1) Caterna shall be liable for intent or gross negligence in accordance with the statutory provisions. Caterna shall only be liable for simple negligence if an obligation has been breached, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely. In all other respects, any liability for damages of any kind, regardless of the basis of claim, including liability for culpa in contrahendo, is excluded.
(2) If Caterna is liable for ordinary negligence in accordance with paragraph 1, its liability shall be limited to the damage typically expected to occur under the circumstances known at the time the contract was concluded.
(3) The foregoing exclusions and limitations of liability shall not apply if Caterna has assumed a guarantee, nor for damages which are to be replaced in accordance with the Product Liability Act, nor for damages to life, body or health.
(4) The foregoing exclusions and limitations of liability shall also apply in favour of employees, vicarious agents and other third parties whose services Caterna uses to fulfil the contract.
§ 10 Amendments to the Terms of Contract
(1) Unless otherwise specifically regulated, Caterna is entitled to amend or supplement these contractual conditions as follows. Caterna shall notify the User of the changes or amendments in writing no later than six weeks before they take effect. If the user does not agree with the changes or amendments to the contractual conditions, he may object to the changes within one week of the changes or amendments becoming effective. The objection must be made in writing. If the user does not object, the changes or amendments to the contractual conditions shall be deemed to have been approved by him. Caterna shall inform the user of the intended meaning of his behaviour by notifying him of the changes or amendments to the terms of contract.
§ 11 Final provision
The law of the Federal Republic of Germany shall apply.