ORDER STATEMENT
WARRANTY DECLARATION
a) The client has commissioned duophonic GmbH to produce sound, image and other data carriers. He confirms that he has subjected the content of all data carriers and other recordings that he sends to duophonic GmbH for the purpose of executing the orders to a complete legal and content review.
b) The client guarantees to duophonic GmbH that he is fully authorized to conclude production orders and has all necessary copyrights, rights of use and/or exploitation rights.
c) Furthermore, the client guarantees that no rights of third parties are infringed by the award of the production order or the reproduction. In the event of a dispute, the client shall be fully liable.
“Third-party rights” within the meaning of the above sentences are in particular those rights whose management is assigned to collecting societies and which are presented irrespective of the form (e.g. as background music).
d) The content of all data carriers and other recordings transmitted by the client to duophonic GmbH for the purpose of executing the orders complies with the provisions of German law. In particular, the data carriers and recordings transmitted to duophonic GmbH do not contain any pornographic writings within the meaning of § 184 para. 3 StGB and no other content whose production, reproduction or distribution is prohibited or subject to restrictions under German law, in particular under the provisions of the StGB or the provisions of the laws for the protection of minors.
DECLARATION OF EXEMPTION
In the event of claims by third parties as a result of an infringement of the above-mentioned rights, the client undertakes to indemnify duophonic GmbH against all claims by third parties and to compensate duophonic GmbH for all damages and expenses incurred. This includes in particular production costs incurred and the necessary costs of legal action. This also includes claims and lawsuits of national or international copyright societies or corresponding organizations due to alleged or actual infringement of rights, including any legal fees and court costs.
The client undertakes to comply with all regulations of German law in the onward delivery, distribution and marketing or other use of the products manufactured by duophonic GmbH within the scope of the orders and in particular not to deliver, distribute or otherwise use the products in violation of the provisions of the German Criminal Code or the law on the distribution of writings and media content harmful to minors, or to enable others to use the products in violation of these legal provisions.
In the event of a breach of the above obligation by the client, the client shall indemnify duophonic GmbH upon first request against all claims made against it and compensate duophonic GmbH for any damages incurred in this connection, including any fines and penalties and including all costs of an appropriate legal defense.
SCOPE AND VALIDITY OF THIS DOCUMENT
a) This guarantee and indemnification declaration also applies to all future agreements and orders to be concluded between duophonic GmbH and the client.
This document is valid even if it is not referred to in each individual case or attached to future orders.
b) Furthermore, the clauses contained in this document apply retroactively to clients who have not yet submitted any guarantee and indemnity declarations to duophonic GmbH.
OBLIGATION OF THE CLIENT TO PROVIDE EVIDENCE
Upon request, the client must provide duophonic GmbH with suitable evidence that proves beyond doubt that the reproduction of the input media does not conflict with any rights or claims of third parties.
If such evidence cannot be provided, duophonic GmbH may subsequently refuse the order.