Common use of Contractual Service Clause in Contracts

Contractual Service. 4.1 The initial order of the Open Shell software includes an authorization key (StartKey) which allows access to the download of the Open Shell software on Windows PCs with update service during the contract term. The contractual term is laid down in Section 9. 4.2 An Agreement number, a StartKey and time credits are required to use the Open Shell Software. 4.3 The prerequisite for using the Open Shell software is a special, hardware-dependent StartKey, which is requested with the order in the Service Info Mercedes-Benz Trucks Portal. The hardware ID required for the StartKey order can be read out via the basic setup in the "ConfigAssist" tool. 4.4 The scope of services and the condition result in each case from the item description in the Service Info Mercedes- Benz Trucks Portal when the order is placed. This contains a detailed list of the Open Shell software and services to be leased, and the inextricably linked agreements concerning qualifications and the provision of product information. 4.5 Delivery dates and periods are only binding if expressly agreed as binding by the Supplier and the Customer in the individual case: All other delivery dates or periods are non-binding. 4.6 The Supplier is entitled to supply the Services owed in parts and part-deliveries, unless this is unreasonable for the Customer. 4.7 The Open Shell software is provided only in executable form, including a user manual (user documentation or online help) and the installation instructions. The operating instructions and installation instructions will be provided to the Customer electronically. 4.8 To the extent the Open Shell Software contains interfaces with software not supplied by the Supplier, Section 69 d of the German Copyright Act (Urheberrechtsgesetz) applies. Before decompiling, the Customer must first request the necessary information from the Supplier. 4.9 The Software will be installed and put into operation by the Customer. Customers are entitled to support with the Open Shell Software if they have an ongoing agreement and up-to-date data. The data status is deemed to be current if the last update of the Open Shell software with the latest software release was no more than 6 months ago. 4.10 When installing the Open Shell Software on your own hardware, support is only provided for the software. The Supplier does not provide any support with the Customer’s hardware and technical infrastructure, e.g. networking terminals via WLAN or the Internet connection. 4.11 The support is limited to responding to the Customer’s queries in the usual course of business: If you have any problems or questions regarding Open Shell software (item properties, usage requirements, subscription, time credits, and other organizational and technical issues), please contact Support at ▇▇▇▇▇▇▇_▇▇▇▇@▇▇▇▇▇▇.▇▇▇