Liability and Warranty. 5.1 This document shall not establish a responsibility to the Supplier for the FOSS and FOSS Derivatives. Nevertheless, the Supplier shall be liable and shall provide warranty services in relation to the goods or services, just as under the Main Agreement, if FOSS or FOSS-Derivatives are used. 5.2 The Supplier shall, without restriction to its duties under sec. 4 and except for the case that this is not permitted under the terms of the respective FOSS License, provide as part of its warranty obligations and at its own cost, the maintenance services for the FOSS and FOSS Derivatives used, in particular to remedy defects. This also includes the obligation to examine the FOSS and FOSS Derivatives for potential faults prior to initial use, and continuously thereafter, and to remedy such faults, in particular if it is related to security. Such corrections shall be included in the goods or services, if MBBras grants Supplier its consent. 5.3 The Supplier shall provide integration support for the FOSS and FOSS Derivatives as requested by MBBras and in accordance with the provisions of the Main Agreement, unless it is not permitted under the terms of the respective FOSS License. 5.4 The Supplier guarantee that FOSS does not violate any third party patent, copyright or any intellectual property rights, entirely or partially. 5.5 The Supplier shall assure and provide all necessary measures to prevent any damages or conflict to any of MBBras’ systems, which might, entirely or partially, affects its regular function. 5.6 If the Supplier breaches an obligation described herein, he shall indemnify MBBras and its affiliated companies and the sales partners, dealers and customers of MBBras from all claims, losses and costs arising out or as a result of such breach and shall defend the aforementioned parties against any third-party claims. MBBras may also at its solo discretion to defend itself. The Supplier shall bear the costs of court and out-of-court proceedings expenses including appropriate attorney’s fees, even if the defense is related only to an alleged claim. 6.
