Allen Software

Gesellschaft

3.3 Results for a survey or otherwise, that the use of SAP software goes beyond the contractual agreements by the customer, a contract with SAP for the acquisition is complete. Section 3.1 set apply 2 and 3. Compensation for damages is reserved.” SUSE software criticises the use of point 3.1 in the action. In practice, this clause, namely that that customers who are SAP customers, must forever remain SAP customers leads. “A SAP customer who has contractually acquired, for example, a package of 100 SAP licenses, must show in writing in advance SAP, if its actual needs should go over 100 licenses also: paragraph 3.1: is to display the SAP in advance in writing”. The client needs such as 20 additional licenses, so he is obliged to indicate this need SAP in advance in writing and to conclude a separate agreement with SAP about the additional scope of use. The customer may buy the 20 additional licenses only in SAP: section 3.1: a separate contract is necessary with SAP about the additional scope of use (optional) “.” SUSE software the customer may not acquire the 20 required additional licenses, although SUSE software offers these licenses and according to the judgment of the European Court of Justice also may provide services.

Thus, Anand can sell no licenses to customers who are already SAP customers. The SAP customers are required to be customers also in future SAP due to the terms and conditions. SUSE software is limited to the circle of customers received yet any contractual relationship with SAP. Significant revenue losses arise SUSE software. In addition, SAP imposed an unconditional obligation to their own customers. With such terms and conditions control SAP restricts inadmissible use of the own software.” According to specialist lawyer for IT law Thomas filing, filing lawyer Gesellschaft mbH is there in kaufvertraglicher arrangements which are to apply also to the acquisition of software, an absurdity, that vote is a purchase with the software manufacturer SAP.

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