Even if EGGHEADS refers to a legal document which contains the general terms and conditions of the customer or a third-party, this shall not entail consent to the validity of said terms and conditions. This applies in particular to services in connection with the provision and use of the software, the maintenance and care of the software, as well as training and workshops. With the termination of the agreement, the contract period ends. Such separately licensed software utilized in combination with the contracted software include, for example, operating systems, libraries, Eclipse, Keycloak, messenger and protocol systems, as well as shop systems, ERP systems, DTP systems, TMS systems, but also database systems.
Indirect damages and consequential damages which are a consequence of defects of software shall only be compensated if such damages can be typically expected from the contracted software use as defined by this agreement. If the customer fails to transfer this amount to the bank account of EGGHEADS within the due date, the customer is in default of payment without prior notice.
If the company logo is protected by trademark law, the customer shall also grant relevant usage rights for the purpose of being included in the customer reference list. The receiving party shall treat confidential information with the same care they treat their own confidential information of the same sensitivity, or at least with the appropriate care of a professional businessperson. Without prior approval by the other party, the transfer of confidential information to third parties shall not be permitted.
Approval shall be provided in written form. Excluded from third parties are related companies of the parties and business consultors which are legally obligated to non-disclosure. If legally permissible, the data receiver shall inform the other party prior to the disclosure of confidential information. The burden of proof for cases defined in this sub-paragraph is on the party which relies on the exception. This excludes confidential information to which the legal obligation to preserve records for a prolonged period applies as well as data backups as part of regular backup processes.
The obligation of non-disclosure shall remain untouched by this. Changes and supplements to this contract shall only be provided in written form in order to become effective.
