Common use of Duties and Obligations of the Customer Clause in Contracts

Duties and Obligations of the Customer. 5.1 Telekom and its agents shall be indemnified against all claims by third parties that are based on the illegal use of the software and the services connected therewith by the customer or with their consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws in conjunction with the use of the software. The customer shall notify Telekom in writing without undue delay if third parties claim that the customer has violated their rights. The customer shall not recognize any violation of rights claimed by third parties and either have any and all disputes han- dled by Telekom or exclusively handle such disputes in agreement with Telekom. 5.2 Copyright notices, serial numbers, and any other features that serve to identify the program may under no circumstances be re- moved or modified. The same applies to features like calling line identification restriction. 5.3 The customer shall ensure that all items and services they are re- quired to contribute are provided to the full extent necessary in good time, in the required scope, and free of charge for Telekom. 5.4 The customer shall give Telekom’s employees all the support they require for their work at the customer's location. Aspart of this sup- port, the customer shall – ensure that a qualified employee is available to provide support at the place of performance – ensure that the employees assigned by Telekom are granted free access to the relevant computer and software at the agreed time; – ensure that items provided by the customer comply with work safety regulations for the benefit of Telekom employees; – provide Telekom's employees with the information they need for their work without undue delay; – provide Telekom employees with adequate and appropriate work space and resources where they are required to work at the customer’s premises to fulfill the agreement. 5.5 In order for the leased software to be properly maintained, – defects found by the customer must be adequately described by the customer and also be identifiable by Telekom; – any defects found must be reported with a notification of de- fects in the form provided; – the documentation required for the rectification of defects must be made available to Telekom; – the customer must not have altered or tampered with the soft- ware; – the software must be operated under proper conditions in ac- cordance with the documentation. 5.6 Data media provided by the customer must be flawless both tech- nically and in terms of content. If this is not the case, the customer shall compensate Telekom for any and all damage incurred from the use of such data media and shall indemnify Telekom and hold it harmless from any claims by third parties. 5.7 If the customer does not contribute to the services to the extent necessary or not in good time or in the agreed manner, the cus- tomer shall bear any consequences resulting therefrom (such as delays, added cost).

Appears in 1 contract

Sources: Software Leasing Agreement

Duties and Obligations of the Customer. 5.1 Telekom and its agents shall be indemnified against all claims by third parties that are based on the illegal use of the software and the services connected therewith by the customer or with their consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws in conjunction with the use of the software. The customer shall notify Telekom in writing without undue delay if third parties claim that the customer has violated their rights. The customer shall not recognize any violation of rights claimed by third parties and either have any and all disputes han- dled by Telekom or exclusively handle such disputes in agreement with Telekom. 5.2 Copyright notices, serial numbers, and any other features that serve to identify the program may under no circumstances be re- moved or modified. The same applies to features like calling line identification restriction. 5.3 The customer shall ensure that all items and services they are re- quired to contribute are provided to the full extent necessary in good time, in the required scope, and free of charge for Telekom. 5.4 The customer shall give Telekom’s employees all the support they require for their work at the customer's location. Aspart As part of this sup- port, the customer shall – ensure that a qualified employee is available to provide support at the place of performance – ensure that the employees assigned by Telekom are granted free access to the relevant computer and software at the agreed time; – ensure that items provided by the customer comply with work safety regulations for the benefit of Telekom employees; – provide Telekom's employees with the information they need for their work without undue delay; – provide Telekom employees with adequate and appropriate work space and resources where they are required to work at the customer’s premises to fulfill the agreement. 5.5 In order for the leased software to be properly maintained, – defects found by the customer must be adequately described by the customer and also be identifiable by Telekom; – any defects found must be reported with a notification of de- fects in the form provided; – the documentation required for the rectification of defects must be made available to Telekom; – the customer must not have altered or tampered with the soft- ware; – the software must be operated under proper conditions in ac- cordance with the documentation. 5.6 Data media provided by the customer must be flawless both tech- nically and in terms of content. If this is not the case, the customer shall compensate Telekom for any and all damage incurred from the use of such data media and shall indemnify Telekom and hold it harmless from any claims by third parties. 5.7 If the customer does not contribute to the services to the extent necessary or not in good time or in the agreed manner, the cus- tomer shall bear any consequences resulting therefrom (such as delays, added cost).

Appears in 1 contract

Sources: Software Leasing Agreement