(1) The digital product is free of product deficiencies if it conforms, at the relevant time under the provisions of this Subtitle, to the subjective requirements, the objective requirements and the requirements regarding integration. Unless otherwise provided hereinbelow, the relevant time is the point in time at which supply is effected in accordance with section 327b. If the trader is obliged under the contract to continuously effect supply over a period of time (continuous supply), then the relevant period is the entire period of supply agreed (supply period).
(2) The digital product conforms to subjective requirements if
1. the digital product
a) is of the nature agreed in the contract, including the requirements as to its quantity, its functionality, its compatibility and its interoperability,
b) is suitable for the use on which the contract is premised,
2. it is supplied with the accessories, instructions and customer assistance as agreed in the contract and
3. the updates agreed in the contract are supplied during the relevant period stipulated by the contract.
Functionality is the ability of a digital product to perform its functions in keeping with its purpose. Compatibility is the ability of a digital product to function with hardware or software with which, as a rule, digital products of the same type are used without having to be converted. Interoperability is the ability of a digital product to function with hardware or software different from that with which, as a rule, digital products of the same type are used.
(3) The digital product conforms to objective requirements if
1. it is suitable for customary use,
2. it is of a nature, including in relation to quantity, functionality, compatibility, accessibility, continuity and security, that is usual for digital products of the same type and that the consumer may reasonably expect, given the nature of the digital product,
3. it corresponds to the nature of a trial version or preview made available to the consumer by the trader before the conclusion of the contract,
4. it is supplied along with the accessories and instructions that the consumer may expect to receive,
5. updates are supplied to the consumer in accordance with section 327f and the consumer is informed of such updates and,
6. unless the parties have agreed otherwise,if it is supplied in the most recent version available at the time of the conclusion of the contract.
The usual nature as defined in sentence 1 no. 2 also includes requirements that the consumer may reasonably expect to be met based on public statements made by the trader or by other persons in previous links of the distribution chain, either themselves or on their behalf, particularly in advertisement or on labelling. This does not apply if the trader was not, and could not reasonably have been, aware of the public statement in question; if, by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or if the decision to acquire the digital product could not have been influenced by the public statement.
(4) Inasmuch as an integration is to be performed, the digital product conforms to integration requirements if
1. the integration has been performed correctly or
2. if, despite the integration having been performed incorrectly, this is based neither on an incorrect integration by the trader nor on a deficiency in the instructions supplied by the trader.
Integration is the linking of a digital product with the components of the consumer's digital environment or its incorporation into same in order to enable the use of the digital product in keeping with the requirements stipulated by the provisions of this Subtitle. Digital environment is hardware, software and network connections of any kind used by the consumer to access or make use of a digital product.
(5) It is equivalent to a product deficiency if the trader supplies a different digital product than the digital product owed under the contract.