General and Special Terms and Conditions

1.1 These General and Special Terms and Conditions (“T”) apply in their respective valid versions to all current and future business relationships between FullStackS GmbH, Trubelgasse 8, 1030 Vienna (“FULLSTACKS”) and FULLSTACKS’ customers who are not consumers within the meaning of the Austrian Consumer Protection Act (KSchG) (hereinafter “Customer”). Contracts with consumers within the meaning of the Austrian Consumer Protection Act (KSchG) will not be concluded on the basis of these T

1.2 At the latest upon acceptance of the agreed service, these T shall be deemed accepted. Deviating, conflicting or supplementary General Terms and Conditions or purchasing conditions of the Customer shall not become part of the contract, unless their validity has been expressly agreed. This also applies if FULLSTACKS does not expressly object to deviating terms and conditions of the Customer, even if these are attached to requests for offers, orders or declarations of the Customer.

1.3 These T apply to all services and deliveries of FULLSTACKS. Depending on the order, the special conditions in sections B to C shall apply in addition.

1.4 All goods and services of FULLSTACKS are intended exclusively for use by the Customer. If the Customer intends to deliver the services provided by FULLSTACKS to a consumer, entrepreneur or reseller who in turn supplies consumers or entrepreneurs with such goods, the Customer must inform FULLSTACKS accordingly.

1.5 FULLSTACKS reserves the right to use subcontractors to fulfill the contract. The selection and supervision of these third parties is the responsibility of FULLSTACKS.

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2.1 All offers are subject to change and non-binding. Technical changes, in particular changes to models, construction, equipment, shape and/or color, as well as to the function of programs due to technical developments, are reserved. This shall only not apply if an offer expressly contains a commitment and acceptance period or the corresponding letter is expressly marked as a “binding offer”.

2.2 Unless the parties agree otherwise in writing, the contract is concluded (a) upon receipt of the order confirmation by the Customer or

(b) at the time of the contract start date stated on the contract (“order confirmation”) or

(c) with the acceptance of the “binding offer” of FULLSTACKS by the Customer (in writing, by fax or e-mail), but at the latest,

(d) with delivery, provision and/or execution of the services subject to the contract by FULLSTACKS, whichever is the earlier.

2.3 The technical data, specifications or performance parameters contained in these T, the order or the service descriptions of FULLSTACKS are not warranted or guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as replacement by equivalent parts, are permissible, provided that they do not impair the usability for the contractually intended purpose.

2.4 The current price list, which is referred to in the offer documents, applies to services offered by FULLSTACKS. All prices are net prices plus the applicable statutory value added tax.

2.5 In the case of recurring remuneration, FULLSTACKS is entitled to change the remuneration rates in compliance with the following principles:

(a) FULLSTACKS may change recurring remuneration with a notice period of two months, effective January 1 of a calendar year, by means of a written adjustment declaration to the Customer to a reasonable extent in order to compensate for cost increases (e.g. labor costs), whereby the increase may not exceed 5% (“adjustment framework”).

(b) The first remuneration adjustment may take place at the earliest at the end of the first full calendar year in which the contractual relationship exists.

(c) If it is the first remuneration adjustment, the cost development between the time of conclusion of the contract and the time of the adjustment declaration shall be decisive for the adjustment framework. If a remuneration adjustment has already taken place earlier, the adjustment framework shall be determined by the cost development between the time of the previous adjustment declaration and the time of the new adjustment declaration.

(d) The Customer may object in writing within five weeks of the adjustment declaration. In this case, FULLSTACKS may terminate the contractual relationship within four weeks of receipt of the objection. The termination shall become effective within two weeks, but at the earliest at the time of the intended remuneration increase.

2.6 FULLSTACKS offers so-called hourly pools according to the current price list.

(a) The Customer may agree on daily pools with different quantities of person days or Full Time Equivalents. One person day (PD) always corresponds to one Full Time Equivalent (FTE) of 8 working hours and can also be provided by several persons, as long as a total of one PD/FTE is provided.

(b) If the Customer has booked several daily pools for different projects, he shall indicate to which project the service request belongs in order to avoid doubts. A service request must be made with a lead time of at least five working days, whereby Saturdays and public holidays are not working days. FULLSTACKS is not obliged to use resources of more than two FTE per working day for a project; the Customer must take this into account when requesting services.

(c) Daily pools are to be paid in advance. Unused PD/FTE expire twelve months after ordering. The point in time of the service provision by FULLSTACKS is decisive. Anything to the contrary shall only apply if the Customer has requested services under a daily pool so promptly that the services could not be provided and charged to the daily pool within the twelve-month period only due to a culpable delay on the part of FULLSTACKS.

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3.1 If no explicit service times are agreed within the scope of a Service Level Agreement (SLA) agreed with the Customer, the periods from Monday to Friday from 9:00 a.m. to 5:00 p.m. (with the exception of public holidays at the place of performance) shall apply as service times. The specific service levels are agreed individually with the Customer.

3.2 If no response times are explicitly agreed accordingly, the troubleshooting or maintenance services shall be started immediately after receipt of the corresponding notification or occurrence of the agreed event within the agreed service times. If no recovery times are agreed, the maintenance services shall be completed within a reasonable period.

3.3 In the case of maintenance services under a contract for work and services, a restoration declaration, e.g. the declaration of operational readiness in the event of the elimination of a fault, shall be sufficient to comply with the deadline if the service is performed successfully and on time.

3.4 Unless otherwise agreed in the contract (SLA), a distinction is made between the following three fault classes:

(a) An operation-preventing fault exists if the use of the standard software is impossible or severely restricted (Prio 1).

(b) An operation-impairing fault exists if the use of the standard software is significantly restricted. An operation-impairing fault also exists if the minor faults together lead to a not insignificant restriction of the use of the standard software (Prio 2).

(c) A minor fault exists if the use of the standard software is possible without or with insignificant restrictions (Prio 3).

4.1 The Customer agrees that invoices may also be transmitted to him electronically. FULLSTACKS may also use messengers or representatives for invoicing. The invoice will be sent to the generally known address, fax number or electronic address, unless the parties agree otherwise.

4.2 The Customer is obliged to pay the invoice amount without deduction within fourteen days of the invoice date, unless expressly agreed otherwise.

4.3 Fixed fees are invoiced monthly in advance, consumption-based fees at the beginning of the following month. If a monthly fee is to be paid independent of consumption (fixed) only for part of a calendar month, it shall be calculated for each day at 1/30 of the monthly fee.

4.4 After expiry of the payment period mentioned under item 4.2, the Customer is in default of payment. The Customer shall pay interest on arrears at a rate of 9 percentage points above the base interest rate. The assertion of further damages caused by default remains reserved.

4.5 If the Customer is in arrears with the payment of an invoice without justification

(a) for more than one (1) month since the invoice due date and

(b) does not make any payment even after an unsuccessful warning with a grace period of at least another fourteen (14) days,

FULLSTACKS is entitled, with reference to these legal consequences, to withhold the provision of the owed services subject to the contract until full payment or to discontinue them in whole or in part or to block access.

4.6 Offsetting against claims of FULLSTACKS is excluded, unless the Customer’s claim is legally related to his payment obligation and has been legally established or acknowledged by FULLSTACKS; the same applies to the assertion of a right of retention by the Customer. The Customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

5.1 Delivery dates or other service times are only binding if they are expressly agreed. FULLSTACKS shall only be in default with a delivery/service if a reasonable grace period set by the Customer, which must be at least two weeks, has expired without result. Compliance with the delivery and service obligations also requires

the timely and proper fulfillment of the Customer’s necessary obligations to cooperate.

5.2 If the transfer of standard software has been agreed, it will be delivered in accordance with the respective product description, unless otherwise agreed in the version current at the time of delivery. The product description alone is decisive for the quality of the functionality of the delivered software; a quality of the software beyond that is not owed.

5.3 The Customer shall support FULLSTACKS to a reasonable extent in the provision of the services. In particular, the Customer shall take reasonable precautions in the event that the Customer’s own or delivered hardware and/or software does not work properly in whole or in part (e.g. by means of proper data backup, fault diagnosis, regular checking of the results). In the absence of an explicit indication (in text form) in individual cases, FULLSTACKS employees may always assume that all data with which they may come into contact is properly backed up. The Customer shall bear disadvantages and additional costs arising from a breach of his obligations himself. As long as the Customer does not provide the cooperation services incumbent upon him or does not provide them on time or properly, FULLSTACKS shall not be in default with the performance of the agreed services.

5.4 The data backup incumbent upon the Customer without any deviating agreement includes all technical and/or organizational measures to ensure the availability, integrity and consistency of the systems, including the data, programs and procedures stored on these systems and used for processing purposes. Proper data backup means that the measures taken, depending on the data sensitivity, enable an immediate or short-term restoration of the state of systems, data, programs or procedures after a recognized impairment of availability, integrity or consistency due to a damaging event; the measures include at least the creation and testing of the reconstruction capability of copies of the software, data and procedures in defined cycles and generations.

6.1 If the contract is for the individual adaptation of standard software or the creation of individual software and acceptance is agreed in the contract or provided for by law (in particular in the case of a contract for work and services), the following shall apply.

6.2 FULLSTACKS may demand and carry out partial acceptances for definable parts of the service that can be used independently or for parts of the service on which further services are based, if the parts of the service to be accepted can be tested separately. If all parts of the service have been accepted, the last partial acceptance is also the final acceptance.

6.3 After complete installation of the software or the adaptation, the Customer will carry out an acceptance of the software or the adaptation services. The acceptance of the services requires a functional test. The functional test is successfully carried out if the software or the adaptation services meet the agreed requirements in accordance with the respective service description.

6.4 During the functional test, the Customer will immediately report all deviations of the delivered adaptation services from the service requirements. If the functional test is carried out successfully, the acceptance must be declared immediately in text form.

6.5 If the Customer does not declare acceptance in due time, FULLSTACKS may set a reasonable deadline for submitting the declaration. The creation or adaptation services shall be deemed accepted upon expiry of the deadline if the Customer neither declares acceptance nor demonstrates which defects still need to be remedied or if the Customer – irrespective of any deadline – uses the software or the adaptation services in operational use.

7.1 The term of the respective contractual relationship is governed by the order. If no provision has been made in the order, a minimum contract term of 24 months applies to all contracts.

7.2 Unless otherwise agreed between the parties, the notice period for the contractual relationship is twelve (12) weeks to the end of the agreed term. In case of doubt, each termination shall only be effective with regard to the respectively named contractual relationship or individual order.

7.3 If the contractual relationship is not terminated in due time, it shall be extended by a further twelve (12) months at the end of the contract term, unless otherwise agreed.

7.4 The right of the parties to terminate the contract extraordinarily for good cause without observing a notice period remains unaffected. An important reason exists in particular in the following cases:

(a) the Customer is in default with due payments for more than two (2) months;

(b) one of the contracting parties repeatedly violates elementary obligations of the contract after prior warning.

7.5. All terminations must always be in writing.

All rights and intellectual property in software and work results as a whole lie and remain with FULLSTACKS or the respective software manufacturer. The conclusion of the contract does not involve any granting of rights, unless these are expressly agreed.

9.1 FULLSTACKS shall only be liable for damage incurred by the Customer to the extent that FULLSTACKS or its vicarious agents are guilty of intent or gross negligence. In the event of slight negligence, FULLSTACKS shall only be liable for personal injury. The liability of FULLSTACKS, except in the case of personal injury, is limited to an amount equal to the net value of the respective order, but shall not exceed a total amount of EUR 100,000.00. For the breach of a duty to warn by FULLSTACKS or its vicarious agents pursuant to § 1168 a ABGB, FULLSTACKS shall only be liable to the extent that FULLSTACKS is at least grossly negligent. The existence of gross negligence or intent must be proven by the Customer. The Customer’s claims shall become statute-barred six months after the Customer becomes aware of the damage and the damaging party. FULLSTACKS shall not be liable for indirect damage, loss of profit, loss of interest, unrealized savings, consequential and property damage, as well as damage from claims of third parties.

9.2 In addition to item 9.1, the following limitations of liability apply:

(a) Liability shall only be in the amount of the contractually typical foreseeable damage and only in cases of violation of a material contractual obligation, if the purpose of the contract is endangered as a result (so-called cardinal obligation).

(b) In the event of a loss of data caused by FULLSTACKS, FULLSTACKS shall only be liable for the expense typically required to restore the data if the Customer has properly backed up the data. This liability shall only apply if the Customer has performed a proper data backup immediately prior to the measure leading to the data loss.

9.3 Claims under the Product Liability Act remain unaffected in any case.

9.4 The above limitations of liability also apply to the personal liability of the employees, vicarious agents and legal representatives of FULLSTACKS and the companies affiliated with FULLSTACKS as well as their employees, vicarious agents and legal representatives.

10.1 The contracting parties undertake to comply with the provisions of data protection law, including the provisions of the Data Protection Act (DSG) and the EU General Data Protection Regulation (GDPR).

10.2 If, in connection with the contract, order processing is carried out by one of the contracting parties, the contracting parties shall conclude an agreement on order processing that complies with the requirements of Art. 28 GDPR and attach it to the contract as a separate annex.

10.3 Both contracting parties undertake to use all knowledge of business and/or trade secrets of the other party obtained within the framework of the contractual relationship only for the execution of this contract and to treat it confidentially beyond the term of the contract. Both contracting parties shall also oblige their employees to maintain confidentiality.

11.1 In cases in which a contracting party is unable or it is unreasonable to provide a contractual service, cooperation or support service due to force majeure, there shall be no claims for damages or other claims or rights (including rights of design, objections or defenses) of the other contracting party.

11.2 Force majeure shall mean any event that is beyond the control of either contracting party and cannot be averted even with the utmost reasonable care, which prevents the respective contracting party from providing the contractual services, cooperation or support services in accordance with the contract, in whole or in part, in particular pandemics (including COVID 19), natural events, power and line failures that are not within the sphere of influence of FULLSTACKS, in cases of arson, vandalism, burglary, sabotage, strikes or lawful lockouts, and comparable circumstances.

12.1 Taking into account data protection and confidentiality, FULLSTACKS is entitled to name the performance of services underlying the contract as a reference project, naming the customer by name.

12.2 The customer may only transfer rights and obligations from this contract to third parties with the prior written consent of FULLSTACKS.

12.3 All contractual relationships shall be governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) and the conflict of laws rules shall not apply to contractual relationships.

12.4 For all disputes arising directly or indirectly from a transaction – including one regarding its existence or non-existence – the jurisdiction of the court with subject-matter jurisdiction at the registered office of FULLSTACKS in Vienna is agreed. The customer is obliged to confirm the existence of this agreement on jurisdiction in writing at the request of FULLSTACKS.

12.5 The place of performance for all services to be provided by FULLSTACKS is, unless otherwise agreed, the registered office of FULLSTACKS.

12.6 Should individual provisions of the contract with the customer or individual provisions of these General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The same shall apply if a loophole should subsequently be discovered in the execution of the contract or in these General Terms and Conditions. In place of the invalid provision, the statutory provisions shall apply in this case.

12.7 Verbal collateral agreements shall not become part of the contract unless the contracting parties have mutually waived the written form requirement in text form. Amendments and supplements to the contract must always be in text form to be effective. This also applies expressly to the cancellation of the written form requirement itself. Proof of a supplementary or amending collateral agreement is permitted.

13.1 The subject matter of the contract is the temporary provision of a hosted and/or decentralized IT environment for the customer in the data centers of FULLSTACKS as well as the provision of services related thereto.

13.2 (a) installation; (b) customer-specific adaptations and customizing; and (c) instruction, training and other consulting and maintenance services shall only be part of the owed subject matter of the contract if the parties agree accordingly.

13.3 Unless otherwise agreed, FULLSTACKS guarantees an average annual availability of 97.5%. If regularly scheduled and unscheduled maintenance work is necessary for ongoing operation, during which the services are not available, corresponding maintenance windows will be defined. The customer will be informed of this in good time. Maintenance windows are agreed for periodic or planned maintenance work on the systems of FULLSTACKS, which are necessary, for example, to maintain and secure ongoing operation or to carry out updates or upgrades. Such work shall be deemed agreed service time and any resulting impairments of availability shall not be assessed as downtime.

13.4 FULLSTACKS is not obligated to guarantee the customer’s access to the “Internet” or the operation of data lines or data networks as parts of the Internet.

14.1 The customer is obliged not to misuse the IT environment and the associated services, not to post, use or store any data and content that violates legal regulations and not to violate any third-party property rights, copyrights or other rights.

14.2 FULLSTACKS shall be indemnified against all claims by third parties based on an unlawful use of the IT environment, in particular the hosting environment, by the customer or with his approval. This includes, inter alia, data protection, copyright or other claims of third parties that are associated with the use. If the customer recognizes or must recognize that such a violation is imminent, there is an obligation to immediately cease and desist or, if necessary, to inform FULLSTACKS.

14.3 The customer is obliged to treat the access data (in particular user names and passwords) confidentially and to keep them secret from unauthorized third parties. The customer must take internal, appropriate measures to ensure that the access data is not passed on to unauthorized third parties.

14.4 If there is a reasonable suspicion of a breach of the customer’s obligations in the aforementioned paragraphs, FULLSTACKS may, in the event of imminent danger, temporarily block the service in question (e.g. affected websites) and/or secure the data in question until the matter has been clarified. FULLSTACKS has no obligation to check the customer’s content for illegal content. In any case, the blocking shall be limited to the allegedly infringing content and services, insofar as this is technically possible and reasonable. The customer shall be notified of the blocking immediately, stating the reasons, and requested to remove the allegedly illegal content, to take the necessary security and documentation measures himself, or to demonstrate and, if necessary, prove the legality to the rights holders or authorities.

14.5 The blocking of the service does not lead to the loss of FULLSTACKS’ claim for remuneration.

14.6 If the customer manages, sets up or distributes usage rights for software (licenses) himself on the servers and/or the hosting environment, he is solely responsible for correct licensing.

15.1 If the provision of the contractual services requires the provision of licensed software, FULLSTACKS shall grant the customer – in the absence of any agreement to the contrary – subject to full and punctual payment of the agreed remuneration, a simple (non-exclusive) and non-sublicensable right of use, limited in time to the term of the contract, for the area of the customer, to its own and third-party software made available.

15.2 The creation of copies as well as the passing on, duplication, sale and transfer or sublicensing is only permitted with the prior consent of FULLSTACKS in the absence of any agreement to the contrary.

15.3 Further use after termination of the contract is not permitted, the customer will delete copies of software provided after termination of the contract.

15.4 If and to the extent that open source software (OSS) is used, the respectively valid license terms of the software provider shall also apply. FULLSTACKS will make these available to the customer upon request, unless there is an obligation to point this out anyway due to license terms.

15.5 In all other respects, the license terms of the respective software manufacturers/third-party providers and, if applicable, the manufacturer- or software-specific additional terms and conditions of FULLSTACKS shall apply.

15.6 In the event that the subject matter of the contract includes services that are subject to a so-called service provider license agreement between a software manufacturer/third-party provider and FULLSTACKS, the contracting parties shall sign the corresponding special agreement and attach it to the contract as an annex.

16.1 If the respective individual contract does not contain any special provisions, the following shall apply with regard to defects.

16.2 In the event of defects (material defects or defects of title), the relevant statutory provisions shall apply, unless the following provisions provide otherwise.

16.3 If defects occur in services provided by FULLSTACKS, the customer shall report these immediately, stating the information useful for defect detection. If FULLSTACKS is unable to remedy the defect, FULLSTACKS shall show the customer ways to circumvent the defect. Insofar as these are reasonable for the customer, they shall be deemed non-performance.

16.4 If the non-performance fails even after two attempts at subsequent improvement, the customer may, at his option, demand a reduction in remuneration (price reduction) or rescission of the contract (cancellation). In the event of only a minor defect or only a minor deviation of the actual quality from the agreed target quality, the customer shall not be entitled to a right of cancellation.

16.5 If the customer chooses the right to withdraw from the contract due to a defect of title or material defect after failed non-performance, he shall not be entitled to any claim for damages due to the poor performance.

16.6 The period for the judicial assertion of warranty claims of the customer is one year and begins with the operational provision.

16.7 The customer must prove the defectiveness of the service at the time of handover or at the time of operational provision. The rule on the burden of proof in § 924 ABGB does not apply.

16.8 Warranty claims expire if the customer attempts to remedy defects himself on defective items or has them attempted by third parties, unless the customer proves in individual cases that such actions have not contributed to the defectiveness.

16.9 Priority defect elimination obligations and deadlines within the framework of Service Level Agreements (SLA) remain unaffected by the above provisions.

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17.1 Unless expressly agreed otherwise, the software that is the subject of the contract is standard software. Delivery contracts for software are therefore purchase contracts. There is no claim to surrender or disclosure of the source code.

17.2 In the case of standard software from third-party manufacturers, FULLSTACKS shall provide the customer with the original user documentation from the manufacturer. FULLSTACKS is not obliged to deliver any documentation beyond this. Upon request, the customer can inspect the original user documentation to be delivered even before the conclusion of the contract. In all other respects, the documentation is delivered as online help within the software. Documentation beyond this is only owed if there is a separate agreement.

17.3 If FULLSTACKS is obliged to install software, the customer shall ensure that the requirements for hardware and the other environment communicated to him are met.

18.1 If the respective individual contract has the adaptation or delivery of standard software or the creation of individual software as its subject matter, the following shall apply with regard to defects.

18.2 In the event of defects (material defects or defects of title), the relevant statutory provisions shall apply, unless the following provisions provide otherwise.

18.3 The agreed quality of the software to be created or delivered or adaptation services shall be the service description in the respective specifications, if such has been created, and in the case of standard software, the product description.

18.4 If defects occur in the programs and other services delivered by FULLSTACKS, the customer shall report these immediately, stating the information useful for defect detection. If FULLSTACKS is unable to remedy the defect or deliver a defect-free new delivery, FULLSTACKS shall show the customer ways to circumvent the defect. Insofar as these are reasonable for the customer, they shall be deemed non-performance.

18.5 If the non-performance fails even after two attempts at subsequent improvement, the customer may, at his option, demand a reduction in remuneration (price reduction) or rescission of the contract (cancellation). In the event of only a minor defect or only a minor deviation of the actual quality from the agreed target quality, the customer shall not be entitled to a right of cancellation.

18.6 If the customer chooses the right to withdraw from the contract due to a defect of title or material defect after failed non-performance, he shall not be entitled to any claim for damages due to the poor performance. If, however, the customer chooses damages after failed non-performance, the delivered software shall remain with the customer, insofar as this is reasonable for him.

18.7 The period for the judicial assertion of warranty claims begins with the handover of software to be delivered or with the acceptance of software to be created or adapted and is one (1) year. The customer must prove the defectiveness of the delivery at the time of handover or at the time of acceptance. The rule on the burden of proof in § 924 ABGB does not apply.

18.8 Warranty claims expire if the customer attempts to remedy defects himself on defective items or has them attempted by third parties, unless the customer proves in individual cases that such actions have not contributed to the defectiveness.

19.9 Priority defect elimination obligations and deadlines within the framework of Service Level Agreements (SLA) remain unaffected by the above provisions.

19.1 Rights of use are only transferred to the customer upon full payment. Insofar as usage options are granted before full payment, these are revocable at any time.

19.2 Unless otherwise agreed, the customer shall be granted the following rights of use to standard software for the customer’s territory:

(a) The customer may only use the standard software that is the subject of the contract to the extent specified in the contract. The customer receives the right of use for an unlimited period with the contract type purchase, and for the contractually agreed period with the contract type rental. Whether standard software is transferred according to the contract type purchase or according to the contract type rental must be individually determined within the framework of the contract. Deviating from this, the acquisition of the necessary licenses can also constitute an obligation of provision on the part of the customer; in this case, the scope of the rights of use is determined exclusively by the agreements between the customer and the software manufacturer or dealer.

(b) The client may only use the standard software that is the subject of the contract for the purpose of processing its internal business transactions. Rights to reproduce software are only granted to this extent. All rights beyond this, in particular the right to distribute, including rental, translation, processing, arrangement and making the standard software publicly accessible, remain exclusively with the contractor or a possible third-party manufacturer.

(c) If, on the basis of the respective contract, individual software (e.g. an app) is to be created according to the individual specifications of the customer, further rights of use and exploitation can be granted in this regard. The scope of the specific granting of rights will be determined individually by contract in this case. Without a separate explicit regulation in this regard, a right of editing is not granted. Without explicit regulation, the surrender of the source code is not owed.

(d) Any rights of use are only granted after full payment of the respectively agreed remuneration.

(e) The above provisions apply accordingly to software that was created or modified within the framework of a maintenance contract (including updates and upgrades of the software to be maintained).

19.3 In all other respects, the license terms of the respective software manufacturers/third-party providers and, if applicable, the manufacturer- or software-specific additional terms and conditions of FULLSTACKS shall apply.

19.4 In the event that the subject matter of the contract includes services that are subject to a so-called service provider license agreement between a software manufacturer/third-party provider and FULLSTACKS, the contracting parties shall sign the corresponding special agreement and attach it to the contract as an annex.