1.2 The Software also contains copyrighted programs belonging to MOBOTIX AG. These programs may only be used if the user is the current and legitimate possessor, owner or possessor’s or owner’s contractor of a MOBOTIX product with the same product type designation.
2. Liability, Warranty
2.1 MOBOTIX is not obligated to bring the programs contained in the Software up-to-date, to maintain, service or even provide newer versions ("updates") free of charge.
2.2 If, however, MOBOTIX provides updates free of charge by opening up a possibility for downloading the programs, this shall occur to the exclusion of the liability and warranty for the new program and its installability.
MOBOTIX does not represent, warrant or assume any liability for possible damages, consequential damages, breakdowns or data loss, that may result from software updates. This liability and warranty exclusion shall not apply in the event of malicious, willful or grossly negligent acts by MOBOTIX AG or its representatives or vicarious agents.
2.3 MOBOTIX is, subject to Section 1, not aware of any existing – national or international – copyright, patent or any other intellectual property right of third parties regarding the Software. However, MOBOTIX does not represent, warrant or assume any liability that the Software will not infringe or otherwise violate any rights of third parties. In case the user is subject to infringement claims of third parties due to the use of the Software, MOBOTIX shall be under no obligation to indemnify the user or hold him harmless from such allegations of third parties.
2.4 The user is obligated to strictly comply with the type allocation of the update and the camera. The actual use of updates shall categorically be on the basis of a freely made decision by the user, who also knowingly and solely assumes the risks of the download, the installation and the use of the Software.
2.5 The user is explicitly warned that in particular, newer programs used with older MOBOTIX products can lead to defects and failures.
3. Applicability of the General Terms and Conditions
The General Terms and Conditions of MOBOTIX shall apply additionally.
4. Applicable Law, Venue
4.1 The legal relationships between the other party and MOBOTIX shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
4.2 To the extent that this is legally permitted, the courts in Kaiserslautern, Germany shall have exclusive jurisdiction over any and all disputes. If the other party is a consumer, the venue shall be determined in accordance with the statutory provisions.
5. Severability Clause