Hamburg
It is alone in the Hand of the SAP, the timing to control, to delay, to ask questions to and finally their legitimate interests”in danger. Purchaser and second purchaser is to the extent that imposed a considerable legal uncertainty, also I BGB represents an unreasonable disadvantage within the meaning of 307. The rules on the redistribution of the SAP software is a provision in many licensing agreements that restrict a customer’s purchase legal powers. It is desirable that the Hamburg court makes it clear that a contract is extensive powers, even when purchasing a software buyer. “” A parallel to the car purchase becomes clear how little a transfer clause to the contract fits: transferred to acquiring a vehicle the clause should say then: > in any case, the transfer of the motor vehicle requires the written consent by VW or BMW. < such a scheme would an outcry "entail", lawyer Thomas thinks Feil, specialist lawyer for IT law, from Hanover. Software such rules have been accepted so far." 2. contested clause from the SAP terms and conditions regulations on surveying and acquisition section 3 of the current terms and conditions by SAP as follows: 3. SURVEYING / purchase 3.1 any use of SAP software that goes beyond the contractual agreements, is to display SAP in advance in writing. It needs a separate contract with SAP about the additional scope of use (optional). The purchase is done on the basis of the currently valid at the time of the acquisition of PKL. 3.2 SAP is entitled to audit the use of the SAP software (at least once a year, in accordance with SAP standard methods, including surveys prior to local and/or remote measurements). ic. The client cooperates in conducting such surveys in an appropriate manner with SAP. The reasonable costs of surveying by SAP are borne by the client if the survey results indicate a non-conforming use.