Industrial Property Rights and Copyright. 12.1 Insofar as the contractually intended use of a delivery or service from PIEZOCRYST by the Customer requires the use of industrial property rights owned by PIEZOCRYST, PIEZOCRYST shall grant the Customer a simple right of use (license) which is unlimited in time, non-exclusive and non-transferable. Use shall be limited to those kinds of rights which are absolutely necessary for the contractually intended use of the delivery or service.
12.2 The contractual partner guarantees that it is in possession of the rights to all works, materials, information and the like (in particular creations, inventions, designs, results etc. which are subject to special legal protection, but also business secrets) to the extent necessary for PIEZOCRYST to be able to fulfil the order. The contractual partner shall fully indemnify and hold PIEZOCRYST harmless, including the costs of representation, in the event that a third party asserts a claim against PIEZOCRYST on account of such use.
12.3 Any use of PIEZOCRYST’s intellectual property objects by the Customer or third parties as the input data for the Artificial Intelligence (AI) chatbots, any other AI-generating software or tools, as well as for any programmable content-generating algorithms is not allowed without prior written permission of PIEZOCRYST.
Industrial Property Rights and Copyright. 8.1 We shall not be liable for claims arising from an infringement of third party intellectual or industrial property rights or copyrights (hereinafter: industrial property rights) if the industrial property rights is or was owned by the customer or by an enterprise in which the customer holds, directly or indirectly, a majority of the shares or voting rights.
8.2 We shall not be liable for claims arising from an infringement of third party industrial property rights unless at least one industrial property right from the property right family has been published either by the European Patent Office or in the one of the following countries: Federal Republic of Germany, France, Great Britain, Austria or the USA.
8.3 The customer must notify us immediately of (alleged) infringements of industrial property rights and of risks of infringement in this respect which become known and, at our request – insofar as possible – allow us to conduct the litigation (including non-judicial proceedings).
8.4 We are entitled, at our discretion, to obtain a right of use for a product infringing an industrial property right, to modify it so that it by an equivalent substitute product which no longer infringes the industrial property rights. If this is not possible subject to reasonable conditions or within a reasonable period of time, the customer shall – insofar as the customer allowed us to carry out a modification – be entitled to the statutory rights of rescission. Subject to the aforementioned preconditions we too shall have a right of rescission. The ruling set forth in clause 7.9 shall apply accordingly. We reserve the right to carry out the action at our disposal under the terms of sentence one of the clause 8.4 even if the infringement of the industrial property rights has not been ruled on by a court of law with res judicata effect or recognised by us.
8.5 Claims by the customer are excluded insofar as the customer is responsible for the infringement of the industrial property right or if the customer has not supported us to a reasonable extent in the defence against claims by third parties.
8.6 Claims by the customer are also excluded if the products were manufactured in accordance with the specifications or instructions of the customer or if the (alleged) infringement of the industrial property right ensues from the use in conjunction with another product not stemming from us or if the products are used in a manner which we were unable to foresee.
8.7 Our obligation...
Industrial Property Rights and Copyright. Unless otherwise agreed upon in writing between the parties, the Supplier shall provide the Goods solely where the Buyer has its seat or registered office free from third parties’ industrial property rights and copyrights (hereinafter called "Intellectual Property Rights").
9.1 In the event a third party, because of an infringement of Intellectual Property Rights by the Goods asserts legitimate claims against the Buyer, the Supplier shall be liable to the Buyer as follows:
a) Supplier shall at its own option and expense, either obtain a right to use the Goods, modify the Goods so as not to infringe the Intellectual Property Rights or replace the relevant Supply. If this is not reasonably possible for the Supplier, the Buyer shall be entitled to terminate the Agreement whereupon the Supplier shall take back the relevant Supply and refund the Agreement price for such Supply.
b) Supplier's aforesaid obligations shall exist only provided the Buyer has immediately notified the Supplier in writing of the claims asserted by the third party, the Buyer has not acknowledged an infringement and all countermeasures and settlement negotiations are reserved to the Supplier. If the Buyer stops using the Goods to reduce the damage or for other important reasons, he shall be obliged to make it clear to the third party that the suspended use does not mean acknowledgment of an infringement of Intellectual Property Rights.
