2.A breach by Licensee of any one of the obligations under sections §4, §5 and §6, will automatically terminate Licensee's rights under this license.
§ 12 Rights after Expiration of the Agreement
1.All rights of Licensee on the use of the Base Version Code end at the expiration or termination of this agreement.
2.Licensee promises to return to ParTec within one week after the expiration or termination of the agreement all relevant documents relating to the Base Version Code, whether secret or not, as well as all copies made and to delete any copies retrieved by downloading or copies thereof.
§ 13 Salvatorian clause
1.Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall not thereby be affected.
2.Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially; the same applies in the case of an omission.
§ 14 Changes to this agreement
Any change of this agreement shall be made in writing, no collateral agreements to this agreement have been made.
§ 15 Jurisdiction and Applicable Law
For all controversies out of this agreement the patent chamber of the District Court Munich I shall have jurisdiction. The applicable law shall be that of the Federal Republic of Germany excluding United Nations Convention on Contracts for the International Sale of Goods (CISG) and International Private Law.
Attachment I - Declaration of Origin
Material covered by this certificate (version, release, etc.):
_________________________________________________
Was any portion of the software material written by anyone other than you or your employees within the scope of their employment? YES/NO
Was any portion of the software material (e.g., Code, associated documentation, etc.) derived from preexisting works (either yours or a third party's), including any code from freeware, shareware, electronic bulletin boards, or the Internet? YES/NO
Please let us know any circumstance which might affect ParTec's ability to reproduce, distribute and market this software material, including whether your software material was prepared from any preexisting materials which have any: (a) confidentiality or trade secret restrictions to others; (b) known or possible royalty obligations to others; (c) used other preexisting materials developed for another party or customer (including government) where you may not have retained full rights to such other preexisting materials.
You recognize that, for copyright registration or enforcement of legal rights relating to the furnished software material, ParTec may need you to produce additional information related to the software material. You hereby agree to cooperate with ParTec and provide such information to ParTec at ParTec s request. As an authorized representative of your institution, you hereby certify the above to be true and accurate.
BY: ________________________________ (Authorized Signature)
Name: ________________________________ (Type or Print)
Title: ________________________________
88 | ParaStation5 Administrator's Guide |
