Common use of INTELLECTUAL PROPERTY RIGHTS AND DATA Clause in Contracts

INTELLECTUAL PROPERTY RIGHTS AND DATA. DEIF is liable for personal injury only if such injury is attributable to products supplied by DEIF, and only if such injury is attributable to DEIF’s negligence or negligence of persons for whom DEIF is liable. DEIF is only liable for damage to property in accordance with the provisions contained in the US legislation and case law governing product liability and with regard to international transactions only in accordance with the first sentence. DEIF is not liable for damage or injury caused by products made by the customer or by products which include components made by the customer or in which products made by the customer have been incorporated, when such damage is attributable to the customer’s products. If a third party, for example the customer’s customer, seeks to hold DEIF liable for damage or injury, the customer is obliged to indemnify DEIF in connection with any costs incurred by DEIF as a result thereof, including any compensation payable, attorney’s fees and costs, etc. The customer is, furthermore, in support of DEIF, obliged to enter into any court proceedings or arbitration case instituted against DEIF by the third party. Subject to the provisions set forth herein, the sale by DEIF of a product implies 12. INDIRECT LOSSES the non-exclusive and non-transferable license to customer under any of DEIF’s intellectual property rights (“DEIF IPR”) (1) to use and resell products as sold by DEIF to customer, as well as (2) to use and resell systems of products manufactured by or on behalf of customer that include one or more of such DEIF products. DEIF is in no event liable for the customer’s operating loss, loss of earnings, installation costs, loss of profits, loss of or damage to data, or any other indirect loss, including any loss resulting from the customer’s legal relationship with any third party. To the extent that software and/or documentation is embedded or made available 13. REMEDYING DEFECTS AND NON-COMPLIANCE by DEIF for downloading into a product, the sale of such product shall not constitute the transfer of ownership rights or title to such software and/or documentation to customer, but, subject to the provisions set forth herein, shall If a product is defective or in any other way non-compliant, cf. above, DEIF is entitled, at its own discretion, to remedy such defect or non-compliance by ef- fecting repairs, a replacement delivery, or by refunding the purchase sum paid. only imply a non-exclusive license to customer under DEIF IPR to use such 14. INTELLECTUAL PROPERTY RIGHTS INDEMNITY software and/or documentation in conjunction with and as embedded in the product. DEIF shall be entitled to collect and store any and all available data from the products. DEIF retains an unlimited, transferable, perpetual, and irrevocable license to use said data, including but not limited to product and business development, marketing, statistics and for maintenance of the products. DEIF may only publish said data in anonymised form.