Software Contracts Under German Law

In the beginning of the year 2002 the new law of obligations in Germany was enacted due to the implementation of European directives. The new law is applicable to all contracts entered into after January 1, 2002. What is important to consider by entering into software contracts for the software seller as well as the customer is summarized below.

The following questions have been addressed in this article:

Is software a tangible item?
What are the legal consequences of the categorization?
What are the legal consequences if the software is defective?

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