1. Defects. A defect exists when, to the detriment of the User, the quality of the software deviates from the product description in the documentation available at the time of contract formation; to this extent it is agreed that minor and negligible deviations are insignificant, as it is not possible to develop software such that it fulfills all application requirements without any errors. The WAGO software is not suitable for use with other than WAGO products unless the fact of its suitability is represented in the product description or WAGO's presentation of the product (for example, with e!COCKPIT). Information on the nature or possible applications of the software in non-contractual sources (including manuals and promotional texts) does not constitute absolute warranties, even if they are characterized there as warranties.
WAGO planning and WAGO design software is only for better visualization and does not absolve the user of the obligation to review the sufficiency and functionality of the respective planning result with due diligence and to comply with the recognized rules of technology, as well as legal requirements and DIN standards. WAGO is not responsible for incorrect or incomplete entries or for incorrect material or component selection when using the WAGO planning and WAGO design software. WAGO software is not suitable for planning with products other than WAGO products.
2. Warranty upon final transfer of the software. The liability for defects in software that has been finally transferred to the User conforms to statutory provisions, which are modified as follows for the purchase: WAGO shall, at its option, repair or replace, without charge, defective software for which the causes already existed at the time of the passing of risk. In the case of software defects where WAGO is in possession of the source code and is authorized to modify it, WAGO shall cure any defects, at its option, either by providing a new version of the software, in which only the defect is cured, or by providing an update in which the error is also cured. In the case of software defects where WAGO is not in possession of the source code or is not authorized to use it, WAGO will cure the defect as follows: if WAGO is in possession of an update or if WAGO can supply an update with proportionate effort, WAGO will cure the defect by providing the update. Notices of defects must be delivered without delay in written form or in text form. WAGO must be granted an opportunity to cure within a reasonable time. The diagnosis and cure of defects shall take place either at WAGO or at the installation site of the software. However, for software that has no license fees, WAGO shall be liable only for intentional acts, fraud or gross negligence. Claims for cure (repair or replacement) lapse twelve months after the legal limitation period commences. The same applies to rescission and reduction in price. This deadline shall not apply where the law pursuant to §§ 438 (1) no. 2 BGB (buildings and things that have been used for buildings) and § 479 (1) BGB (recourse claims) prescribes longer periods, nor to intentional acts, fraudulent concealment of the defect or to failure to adhere to a warranty of quality. If the attempt to cure ultimately fails, the User may rescind the agreement or reduce the price.
3. Customer claims for temporary lease of the software. The liability for defects in software that has been temporarily leased to the User conforms to statutory provisions, which are modified as follows for the lease: Defects are cured exclusively through free repair or replacement at the option of WAGO. The customer may not terminate the agreement based on the failure to afford the contracted use until WAGO was given sufficient opportunity to cure the defect and it was ultimately unsuccessful, WAGO refused to effect a cure or it is unreasonable for the customer. Damages claims of the customer are also excluded in this case.
4. Common exclusions. No claims of the customer under items 2 and 3 above are possible for natural wear and tear incurred after the passing of risk as a result of improper use (including failure to observe the specifications in the product manual, or other product information), or of incorrect or careless handling or excessive stress or for losses based on exceptional external influences which are not anticipated in the agreement. Claims for defects are excluded in particular if functional restrictions were referred to in the release notes associated with the product. Moreover, claims for defects are available only when they are reproducible. If the customer or a third party undertakes improper modifications to the software or extends the software over interfaces, no claims are available for such modifications or extensions and the ensuing consequences.