| 11 Liability of DATASOUND for breaches of the proprietary rights of third parties | ||
| 11.1 | Should claims be made against the customer by third parties on the grounds that products supplied by DATASOUND are in breach of industrial property rights or copyright (hereinafter referred to as proprietary rights) and should the use of the said products hereby be impaired or prohibited, DATASOUND at its discretion and at its expense will either modify or replace the products so that they do not breach proprietary rights but nevertheless essentially correspond with the agreed specifications, or indemnify the customer for license fees payable to third parties for the use of the products. Should it not be possible for DATASOUND to do so on reasonable terms, it must take back the product and refund the price paid. DATASOUND may demand reasonable reimbursement from the customer for the value constituted by the use of the products. | |
| 11.2 | Liability on the part of DATASOUND pursuant to Section 11.1 is subject to the customer notifying DATASOUND forthwith of any third party claim for breach of proprietary rights; the customer must not acknowledge the claim, and no settlements including extra-judicial settlements must be reached without the agreement of DATASOUND. Should the customer cease to use the product in the interests of minimizing the claim or for any other reason, the customer shall be obliged to notify the third party that such cessation of use does not constitute an acknowledgement of a breach of proprietary rights. | |
| 11.3 | Insofar as the customer is responsible for the breach of proprietary rights, claims against DATASOUND pursuant to Section 11.1 are excluded. This shall likewise apply insofar as the breach of proprietary rights results from special requirements specified by the customer or from an application not foreseeable by DATASOUND, or is occasioned by the product being modified by the customer or used in conjunction with products not supplied by DATASOUND. | |
| 11.4 | More extensive claims by the customer as a result of a breach of the proprietary rights of third parties are excluded. However, the right of the customer to withdraw from the contract and the provisions contained in Sections 10.1 to 10.3 remain unaffected. | |
| 12 Export authorization, the written form, transfer of contractual rights and duties, confidentiality, data protection, jurisdiction, severability |
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| 12.1 | The export of products and documentation may - for example due to their nature or intended purpose - require official approval (see also the notices contained in delivery notes and invoices). If the purchaser intends to export the goods, the purchaser undertakes to obtain and comply with authorization under German, EU and US export control legislation. | |
| 12.2 | To the extent that personal data are stored or otherwise processed, DATASOUND will fulfill the requirements of the data protection legislation. DATASOUND will in particular heed the instructions given by the customer and take the necessary technical and organizational steps to safeguard data against misuse. | |
| 12.3 | German law applies exclusively with the exclusion of the UN Sales Convention and the provisions of International Private Law. Provided that the customer is a commercial entity, the place of jurisdiction shall be Mannheim. DATASOUND is however also entitled to bring suit at the principal place of business/domicile of the customer. | |
| 12.4 | Should individual terms of this contract be legally ineffective, the remainder of the contract nevertheless remains binding. This shall not apply, however, if adhering to the contract would impose unreasonable hardship on either party. | |
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