VisLogic GmbH: Software Assurance / Maintenance Agreement for Lan-Inspector
(gültig für alle Verträge ab 01.08.2017)


1. Overview
2. Scope
3. Provided Services
4. Duration and Cancellation
5. Expired Contracts and Re-Entry
6. Fees and Invoicing
7. Non-Disclosure
8. Miscellaneous Regulations
9. Place of Jurisdiction

1. Overview

The VisLogic GmbH (in the following reffered to as "VisLogic" or "we") is producer and publisher of the software product "Lan-Inspector". We offer to licensees/to our customers to enter a support and maintenance contract (Software Assurance / SA) with us. In the following, we will describe the general efforts and in what ways our customers can benefit from the agreement during the termn.

This contract includes our General Terms and Conditions as well as our Data Privacy Policies and can therefore only be entered if you completely agree and accept to these conditions.


2. Scope

2.1 Any varying, adverse or complementary Terms and Conditions of a customer will become part of the contract only if VisLogic explicitly agrees to their application in written form. This requirement of consent applies to any case, especially if VisLogic executes an implicit delivery or service to a customer with knowledge of the customer's Terms and Conditions. In case VisLogic has not given its consent in written form or in any otherwise technically regulated manner, the customer's Terms and Conditions do not apply, since VisLogic is provider of the service or product.

2.2 This contract is only valid in connection with support and maintenance for the product "Lan-Inspector".


3. Provided Services

3.1 In addition to the regular license purchase and to software rental of our products you can enter a support and maintenance contract with VisLogic (SA). During the term you have the right to download and install any new product versions or upgrades from our servers. You can then use the new versions according to your purchased or rented usage license.

3.2

Cost free support via e-mail and telephone: You will receive support in problems with the product's usage and with analyzing individual complex of problems. We also try to help you use the available functions to best reach your goals.

3.3 You can send your queries by e-mail to support@vislogic.com or via telephone to us (German or English). VisLogic reserves the right to choose the most adequate way of support from answering e-mails, call back or do some remote sessions. We also can choose to visit you on our own costs in order to best solve a complex of problems.

3.4 If you conquer any functional problems that have not been invoked by any misuse, our goal has to be that we locate the reason for failure together, that we reproduce the problem and find a solution. VisLogic will document the course of the support case including its communication (f.e. e-mail). This will happen with strict compliance to our data privacy policy.

3.5 Problems and failures that cannot be reproduced without your data content or your local network can require that your VisLogic support clerk needs a copy of your data base in order to analyze and to find the error. In this case we assure you that we strictly act corresponding to our data privacy policy. VisLogic contractually assures to delete any customer related data content immediately after the problem has been solved. The data is never, also not in parts, transferred to any third parties. The content will used strictly to only locate and reproduce the problem.

3.6 If the customer doesn't want to provide the necessary data, it may be necessary that VisLogic's technical clerk has to analyze the problem at the customer's office premise. If the customer refuses the remote analysis and a visit will become necessary, he agrees to pay for travel expenses and to pay a reduced fee for the technican day (850€).

3.7 If it turns out afterwards that a complex of problems couldn't be solved remotely due to misinformation or maloperation of the customer, so that a visit seemed necessary, VisLogic reserves the right to charge the day using our usual day fees of 1250 € + travel expenses. In most cases, we are sure to find a settlement on an ex-gratia basis.

3.8 This maintenance contract assures the described services within Germany. On any visits to other countrys VisLogic will charge the travel expenses additionally to possibly arising costs of §3.4 to §3.7.


4. Duration and Cancellation

4.1 If not ordered otherwise, the maintenance agreement runs for 12 month. It will renew automatically by 12 months if no note of termination arrives in time.

4.2 If you want to cancel the agreement, please send a note of termination one month before the end of the current term. A cancellation will stop the automatic renewal. You can access downloads and order support until the end of the term.

4.3 If the order includes a note that you don't want an automatic renewal, the contract runs for the period ordered only and stops without any further reminder.


5. Expired Contracts and Re-Entry

5.1 The maintenance contract assures that you will be able to access all improvements and upgrades, even big version upgrages via download. We continuously improve our products and adjust it to market situations. Only with a running SA you have the right to access new versions with a corresponding extension of your existing usage license. The fee compensates a continues development of our products. If your contract expires, you loose these rights.

5.2 It is possible to re-enter an expired software assurance contract. VisLogic charges fees for the re-entry that correspond to the time since expiry and the scope of the used license. VisLogic can lower the fee in its in sole discretion.


6. Fees and Invoicing

6.1 The fee for 12 months of software assurance depends on the price of purchase and therefore on the count of scan licenses. For the SA, we charge 15% of the license fees.

6.2 The annual fee increases if you additionally purchase new licenses, corresponding to the purchase price of the new licenses.

6.3 VisLogic assures that the annual fee will not increase more than 3% per year, provided that your license count stays constant.


7. Non-Disclosure

7.1 Both contracting parties will use any documents, information and data obtained only to fulfil the in order to fulfil the contract which has been designated as confidential. Unless they have not become public knowledge or have been known to the other contracting partner verifiably beforehand or the contracting partner has given its consent to an announcement beforehand, the contracting partners will regard the named documents and information as confidential in respect to third parties not involved in the execution of the contract. These duties persist after the termination of the contract.

7.2 If a higher level of contractual confidentialty is necessary, both parties can additionally enable individual non-disclosure agreements.


8. Miscellaneous Regulations

8.1 Side agreements and modifications of the contract require the written form to be valid.

8.2 Any dispute regarding this contract shall be governed in all respects by the law of the Federal Republic of Germany.

8.3 In case a contractual regulation is in part or in whole void or will be so, the rest of the contract remains valid.


9. Place of Jurisdiction

The place of jurisdiction is Elmshorn.



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