Common use of Rights to the Contingents for API Calls Clause in Contracts

Rights to the Contingents for API Calls. a) The Provider grants the Customer the right to use the contingents for API calls within the scope specified in the agreement. Unless otherwise specified in this agreement the Customer shall be granted only a simple, non- exclusive, non-transferable right to use the contingents for the full duration of their validity. The right of use is limited to the use for the Customer's own business purposes to which the Provider is entitled under data protection law within the meaning of Section 2.3. Further use must always be contractually agreed beforehand. b) The Customer is obliged not to pass the contingents - or any parts thereof - on to or make them accessible to third parties. An exception is provided for other authorized persons pursuant to Section 3.1 lit. a) and b) who have a valid App ID pursuant to Section 3.1 lit. c). c) To the extent permitted by law, the Customer shall also impose these obligations on its staff. d) In the event that, in breach of Sections 3.4 lit. a) - 3.4 lit. c), the contingents fall into the hands of third parties, whether this is because the Customer has disclosed them without authorization or has failed to secure them properly from access to third parties, the Customer shall owe an appropriate contractual penalty to be set as the Provider sees fit, whereby in the event of disputes the competent court may review whether this penalty is appropriate. The minimum amount is EUR 25,000.00 per ordered contingent. This does not affect the right to enforce damages claims, although such claims will then be offset against the penalty. e) The Provider can take appropriate technical measures to establish protection against non-conforming contractual use. The use of the services as contractually agreed may not be impaired as a result.

Rights to the Contingents for API Calls. a) The Provider grants the Customer the right to use the contingents for API calls within the scope specified in the agreement. Unless otherwise specified in this agreement the Customer shall be granted only a simple, non- exclusive, non-transferable right to use the contingents for the full duration of their validity. The right of use is limited to the use for the Customer's own business purposes to which the Provider is entitled under data protection law within the meaning of Section 2.3. Further use must always be contractually agreed beforehand. b) The Customer is obliged not to pass the contingents - or any parts thereof - on to or make them accessible to third parties. An exception is provided for other authorized persons pursuant to Section 3.1 lit. a) and b) who have a valid App Project ID pursuant to Section 3.1 lit. c). c) To the extent permitted by law, the Customer shall also impose these obligations on its staff. d) In the event that, in breach of Sections 3.4 lit. a) - 3.4 lit. c), the contingents fall into the hands of third parties, whether this is because the Customer has disclosed them without authorization or has failed to secure them properly from access to third parties, the Customer shall owe an appropriate contractual penalty to be set as the Provider sees fit, whereby in the event of disputes the competent court may review whether this penalty is appropriate. The minimum amount is EUR 25,000.00 per ordered contingent. This does not affect the right to enforce damages claims, although such claims will then be offset against the penalty. e) The Provider can take appropriate technical measures to establish protection against non-conforming contractual use. The use of the services as contractually agreed may not be impaired as a result.