The Company and the client shall be mutually obliged to maintain the confidentiality of all of the other party's business and operational secrets for an unlimited period of time and not to divulge these to third parties or to exploit them in any way. The documents, drawings and other information received by the other contracting party under the business relationship may be used by such party only for the purpose provided for in the respective contract.
The Company may collect, process and use the client's inventory data, account data and usage data - to the extent necessary to comply with this contract - even without the client's express approval. The Company may process, use and forward the inventory data to third parties for other purposes (e.g. consulting, advertising and market research) with the client's consent or if permitted by law. Upon request, the clients shall have the right to receive information concerning the personal data stored about them at any time, free of charge. Upon request by the client, the information may also be provided in electronic format. In addition, the client shall have the right to correct, block and delete its data, as provided by law. However, the Company shall take the appropriate technical and organizational steps to guarantee that unauthorized third parties can neither examine nor gain broader access to the 'internal' databases.
Evidentiary Clause and Burden of Proof
Data that are stored in electronic registers or some other electronic format by the Company shall be considered valid and admissible evidence in proof of data transfers, contracts and payments effected between the parties. If the client cites misuse of its identity within the context of the contractual agreement, it must immediately provide the Company with all of the facts and circumstantial evidence pertaining thereto that it has in its possession. In the event this obligation is violated and if there is sufficient circumstantial evidence for an action by the client, rather than a third party, the burden of proof shall be on the client to demonstrate that there has been a misuse of identity.
Intellectual Property Rights and Source Code
The Buyer shall not be permitted to export the merchandise acquired from the Company to countries outside the EU without the Company's express consent. In addition, the Buyer must observe all of the relevant export regulations, especially the provisions of the Außenwirtschaftsverordnung (Foreign Trade Ordinance). Publication of the source code shall require an explicit written agreement concerning the type and scope of the publication, as well as additional compensation.
If individual provisions of these General Terms and Conditions should be or become completely or partially invalid, this shall not affect the validity of the remaining provisions. Instead, the invalid provisions shall be replaced by a provision that, as closely as possible, approximates the intended purpose. No side letters (additional agreements) have been reached. Amendments to this contract shall be legally valid only if they are confirmed in writing. The client may only assign its rights under a business relationship with the Company with the Company's written consent. The client may only offset recognized or legally established counterclaims against the purchase-money claim. To the extent legally admissible, the legal venue shall be the Company's headquarters (principal place of business).
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