The contractual relationship beratung@anwalt-strieder.de to application service providers are often many services marked, so that the legal nature of such a contract everything else "imposes" as. The Supreme Court has already ruled in a decision of 15.11.2006 for an average constellation of such types of contracts that this is a lease. According to the Supreme Court is in program provision by way of the ASP to use a paid transfer of goods. Irrelevant, if after the rules of the composite contract are to be assessed further benefits under a different contract types (BGH 15.11.2006, XII ZR 120/04) is. Proper way out of the Supreme Court that the question of property, quality of software is irrelevant to the form of embodiment of a spiritual power. It is sufficient if the program in a volatile, energy-dependent storage medium, and therefore the main memory of the computer runs out. That is, the ASP Provider makes a maintenance obligation, and he therefore just as a landlord is obliged by spaces to ensure the contractual condition of the software permanently. Thus it would be inadmissible in a separate maintenance contract services that the contractual condition, especially since the remedial measures serve to absorb. (RA Strieder, Solingen, Leverkusen, lawyer specializing in IT law fachanwaöt for Employment)
