is considered exactly what be so. The contract related to the application service provider, however, are often marked by many services, so that the legal nature of such a contract is anything but "imposes." The Supreme Court has already, in a decision of 15.11.2006 average for a constellation Such a contract types decided 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 a maintenance obligation in, and could therefore just as a landlord is required of 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.
