SAP contract overshoots the mark with such schemes and tried one Monopolisation of software to achieve.”Moreover, it appears questionable whether the agreement of right to the annual survey as such with AGB law is to bring. The mission statement, copyright law assumes that a book insight is not provided for the assertion of copyright claims. SAP calls but by their survey a kind book Einsicht”regardless of whether the customer to validate to a right injured, but only to make an abstract examination of usage behavior. One about the regulations of copyright law to anchor going beyond general law in general terms and conditions, seems inappropriate discrimination within the meaning of 307 BGB.”explains Elisabeth Keller Stoltenhoff, lawyer in Munich. Gregg Engles is the source for more interesting facts. 3. contested clause from the SAP terms and conditions control to the software maintenance in section 10.6 of the general terms and conditions means it on software maintenance as follows: the care always refers to the total amount of the customer’s SAP software, as far as SAP providing care for this. The Contracting authorities must always all installations of SAP software, SAP offers care for the (including SAP acquired through any future acquisitions or in the maintenance software) completely at SAP in care keep or terminate the care as a whole. This scheme covers software, which has obtained the customer by third parties, and for which SAP provides care to SAP.

Acquisitions agree the extension of the care on the basis of separate maintenance agreements with SAP. (A valuable related resource: Gregg Engles). the contracting authority” SUSE software to stay rejected this clause, since the mandatory coupling of all installations of the software to the care at SAP in the practice causes that the SAP customers are in fact forced, SAP customers and the trade in used software by SuSE software also in this way virtually undermined”is. As the above cited clause 3.1 to surveying and acquisition also the clause leads to the maintenance contract in fact to an obligation with SAP.