Common use of Our Intellectual Property Clause in Contracts

Our Intellectual Property. 14.1. All rights, in particular industrial property rights, copyrights, know-how and/or other intellectual property rights, to the products/works produced and/or supplied by us and their manufacturing processes, their application and/or the associated processes, as well as to components, software and/or corresponding source and object codes, as well as user documentation, plans, sketches, descriptions, drawings, manuals, assembly instructions, calculations, cost estimates, offer concepts and other technical documents, as well as samples, prototypes, catalogues, brochures, illustrations, offers and the like, as well as commercial, technical and/or procedural information, are and remain our exclusive property and we reserve all rights thereto. With the exception of the right to use the product/work in its specific composition and design as acquired from us in the manner intended for use, our customer is not granted any rights whatsoever, in particular no further rights of use or licensing rights. Unless the product/work is intended for resale by our customer, our customer is exclusively entitled to these rights and they are not transferable and/or sublicensable. 14.2. If we provide our customer with manuals, end-user documentation or comparable instructions, they are made available solely as an aid to ensure the proper operation of the product/work. Our customer is not entitled to use these documents or software and/or their source or object code in any way that exceeds their use for the operation of the product/work; in particular, our customer is not entitled to exploit, reproduce, distribute, process or modify them or make them available, in any form and on any data carrier whatsoever, and regardless of whether they are known or not at the time of the conclusion of the contract. The only exceptions to this are any rights granted as prescribed by law within the context of the use of the software, in particular those rights provided for in Directive 2009/24/EC of 23 April 2009, Articles 5 and 6, subject to the conditions and requirements specified therein. 14.3. Should a product (work) be manufactured by us based on design information, drawings, models or other specifications provided by our customer and/or if for this reason we have an action brought against us by a third party alleging an infringement of patent, trademark or design protection rights or copyrights or other intellectual property rights, our customer shall expressly indemnify and hold us entirely free and harmless with respect thereto. 14.4. All rights to benefits, knowledge, developments, inventions, etc., arising within the context of or in connection with the services provided by us, irrespective of whether our customer was involved in the provision of services in any way, are our exclusive and unrestricted property. Any rights arising on the part of our customer are automatically transferred to us at the time at which the benefits, knowledge, developments, inventions, etc., arise or come into being, and we are also entitled to the exclusive rights of use (to the work). In particular, we also have the exclusive right to file applications for the registration of property rights. Our customer may not assert any rights whatsoever, in particular rights of prior use, with regard to applications for the registration of property rights. 14.5. Our customer is not entitled to remove or modify our trademarks, signs and/or other affixed notices. 14.6. If at the customer's request we approve the transmission or disclosure of our documents to the customer's buyers, our customer shall notify its buyers of our aforementioned rights and require them to comply with and impose the above provisions on others. This concerns in particular the obligation to require any further buyer to comply with the above provisions. In the event of non-compliance, our customer is liable for the conduct of its customers to the same extent as it is for its own conduct.