14.1 All intellectual property rights relating to the services and products of the Contractor, including copyrights, patents, portrait, trademark and design rights and neighbouring rights vested in the drawings, music and video productions, concepts, designs, descriptions, calculations, models etc. created on instruction or for the benefit of the Client (hereinafter “Creations”) belong to the Contractor, its licensor(s) or by third parties engaged by the Contractor, and are expressly reserved. The use permitted pursuant to the agreement with the Client, in no way whatsoever implies a transfer of any intellectual property right to the Client.
14.2 The Contractor reserves the right to place its company name on, or to remove it from, the Creations produced by the Contractor. The Client is only entitled to publish the Creations or to copy such without attribution “<name Contractor>” with the prior permission of the Contractor.
14.3 The Contractor reserves the right to use the Creations produced on instruction of the Client for publicity and promotion of the Contractor without the prior permission of the Client, whereby the Contractor shall take account of the interest of the Client.
14.4 If the Contractor is involved in the performance on location as the designing party, the Contractor must be included as such on the construction sign. The lay-out must be submitted and approved by the Contractor.
14.5 The Contractor grants the Client the non-exclusive right to the use of the Creations, but exclusively for the use agreed in writing in the agreement (in action, in application and territory), or, if specific use has not been stated in the agreement, for the use (in action, application and territory) which necessarily follows from the purpose agreed in writing in the agreement.
14.6 Outside the use referred to in article 14.5, the Client is not permitted to make the Creations public, reproduce them, in any manner whatsoever such as via the internet, in print, film or photography for example or to change it, including by additions or removal of elements from such, without the prior permission of the Contractor. The Client shall also not dispose of the Creations or otherwise make such available to third parties or behave as the creator or the entitled party outside the use referred to in article 14.5 without prior permission of the Contractor. Disposing of or otherwise making the Creations available to a third party outside the cases as referred to in article 14.5 is only permitted if and insofar as those acts relate to a specific copy of which the intellectual property rights of the Client are exhausted through transfer of ownership. A sale by the Client within the EEA therefore requires that the ownership of that copy has already been transferred by or with the permission of the Contractor in the EEA.
14.7 The user right granted by the Contractor ends immediately by operation of law if and as soon as the Client acts contrary to the rights granted to the Client or otherwise acts in conflict with the agreement or with these General Terms and Conditions.
14.8 The user right is not sub-licensable or transferable to third parties unless otherwise agreed in writing or necessarily follows from the purpose of the delivery agreed in writing.
14.9 The Creations have been designed by the Contractor, its licensor(s) or the third parties it has engaged. Although to the best of the Contractor’s knowledge the Creations do not infringe the rights of third parties, it does not give guarantees in this respect. The Contractor is not liable for the (consequences of) use of the Creations by the Client. The Client indemnifies the Contractor against the (consequences of) claims by third parties arising from the use of the Creations by the Client irrespective whether or not permission has been granted by the Contractor for this.
14.10 With the exception of the provisions in article 14.5, the Client is obliged to observe strict confidentiality of all information originating from the Contractor classified as confidential or of which the Client should understand that such is of a confidential nature (hereinafter “Confidential Information”) such as, but not limited to, information about Creations and is obliged to take all measures which are reasonably required to guarantee the secrecy of this Confidential Information.
14.11 The Client is not permitted to use Confidential Information for other purposes than for which it is provided.
14.12 The Client ensures that all the people it employs are aware of the confidential nature of the Confidential Information and is obliged to have all the people it employs and/or third parties it engages who have access to the Confidential Information sign a non-disclosure agreement for the benefit of the Contractor with the same purport as this clause 14.
14.13 For each breach of the provisions of this article 14, the Client owes an immediately due and payable penalty of € 20,000. All that provided for in this provision does not affect the authority of the Contractor to claim additional and/or alternative compensation.