5. Software development¶
5.1. Due care¶
KLAAS NIENHUIS shall develop the software with due care. All services shall be performed on the basis of an obligation to use best endeavours.
Before commencing the development KLAAS NIENHUIS may require your written and unconditional agreement to the specifications or the design. KLAAS NIENHUIS shall be entitled to suspend his activities until such declaration of approval to the specifications or design. All development is carried out on the basis of a best efforts obligation.
If it has been agreed that the development of the software will take place in stages or on phased implementation, KLAAS NIENHUIS shall be entitled to delay until written approval of the previous stage.
If the software is delivered and tested in stages or parts, the non-acceptance of a specific stage or part shall not affect the acceptance of a previous stage or part.
Any software is offered to you under licence. You do not become the owner of the software by purchasing, downloading and/or using the software. It regards a revocable, non-exclusive and non-transferable licence to use the software and to install (have installed) the software once after payment of the licence fee/agreed contract price, unless explicitly agreed otherwise. With the acceptance of the software provided by KLAAS NIENHUIS you accept the applicable licence terms and conditions and you will always act as befits a good licensee.
If you have agreed to restrictions on use, you shall strictly comply with these agreed restrictions in all cases. The agreed restrictions may relate to: (i) the kind of hardware the software is intended for, (ii) the maximum number of units that the software is intended for, (iii) specific individuals or maximum number of users who may use the software within your organisation, (iv) the location of use of the software, (v) specific forms or purposes of use restricted to a certain project and (vi) any other restriction of any kind.
You may only use the software with regard to the specific project agreed upon. If you do not agree with the present provisions then you should not use and/or install the software.
5.8. As is¶
The software is made available “as is” and “where is”. You bear the risk of the use of the software upon delivery/installation. The software is expressly made available without any warranty. This applies to each and every explicit or implicit warranty, including but not limited to each and every (implicit) warranty of saleability, suitability for a specific objective or observance of the rights of third parties, expressly including uninterrupted use or compliance with the copyrights of third parties. KLAAS NIENHUIS does not provide any warranty concerning the performances of the software or the results that you obtain with the software. KLAAS NIENHUIS does not warrant that the software complies with your needs or that the operation of the software will be uninterrupted, free from errors or free from viruses.
5.9. Maintenance and support¶
Unless agreed otherwise, KLAAS NIENHUIS shall not be obligated to perform maintenance of the software or to provide support to the users of the software. If requested to do so, this shall be invoiced separately. New versions of the software shall only be made available if agreed to in writing.
Decision-making based on shown results will at all times fully fall under your own responsibility.
You should regularly make a backup of all data files that are generated, used and/or applied with the help of the software. KLAAS NIENHUIS is by no means liable for costs associated with the reproduction of mutilated or lost data. If KLAAS NIENHUIS created a backup then it is usually available for a period of two months and this information can be retrieved upon payment of the hourly fee.