Industrial Property Rights; Defects in Title. 1. The Supplier shall provide the goods free from third parties' indus- trial property rights (patents, utility models, designs, copyrights, data- base rights, rights in trademarks, trade names, invention disclosures) (hereinafter referred to as "IP Rights") with respect to the country of the place of delivery only. If a third party asserts a justified claim against the Customer based on an infringement of an IP Right by the supplies made by the Supplier and used in conformity with the contract, the Supplier shall be liable to the Customer within the time period stipulated in Article IX No.2 as fol- lows:
a) The Supplier shall choose whether to acquire, at its own expense, the right to use the IP Rights with respect to the goods concerned or whether to modify the goods such that they no longer infringe the IP Rights or replace them. If this should be impossible for the Supplier under reasona- ble conditions, the Customer may rescind the contract or demand a price reduction pursuant to the applicable stat- utory provisions;
b) The Supplier’s liability for damages is governed by Article XI.
c) The above obligations of the Supplier shall apply only if the Customer immediately notifies the Supplier of any such claim asserted by a third party in written form, does not concede the existence of an infringement to the third party, and leaves any protective measures and settlement negotiations to the Supplier's discretion. If the Customer stops using the goods in order to reduce the damage or for other good reason, it shall be obliged to point out to the third party that no acknowledgement of the alleged in- fringement may be inferred from the fact that the use has been discontinued.
2. The Customer’s claims are excluded if it is responsible for the IP Right infringement.
3. The Customer’s claims are also excluded if the IP Right infringement is caused by specifications made by the Customer, by a type of use not foreseeable by the Supplier or by the goods being modified by the Cus- tomer or being used together with products not provided by the Sup- plier.
4. Additionally, with respect to claims by the Customer according to No. 1a) above, Article IX Nos. 3, and 8 apply mutatis mutandis in the event of IP Rights infringement.
5. The provisions of Article IX apply mutatis mutandis to any other de- fects in title.
6. Any other claims of the Customer against the Supplier or its agents or any such claims exceeding the claims provided for in this Article X, based on a def...
Industrial Property Rights; Defects in Title. 1. The Supplier shall provide the goods free from third parties' indus- trial property rights (patents, utility models, designs, copyrights, data- base rights, rights in trademarks, trade names, invention disclosures) (hereinafter referred to as "IP Rights") with respect to the country of the place of delivery according to Article VI No. 4 only. If the parties have agreed that the goods shall be used in a particular country, the Supplier declares that the goods delivered are free from third parties’ IP Rights in this country only. If a third party asserts a justified claim against the Customer based on an infringement of an IP Right by the supplies made by the Supplier and used in conformity with the con- tract, the Supplier shall be liable to the Customer within the time pe- riod stipulated in Article IX No.9 as follows: