a) The client has commissioned the production of audio, video and other data carriers from duophonic GmbH.
He has subjected the contents of all data carriers and other records, which he has transmitted to duophonic GmbH for the purpose of executing the orders, to a complete examination.
b) The client guarantees duophonic that he is fully entitled to conclude production orders and has all necessary copyrights, usage and / or exploitation rights.
c) Furthermore, the client guarantees that the assignment of the production order or the copying does not violate any rights of third parties.
In the event of a dispute, the client alone is liable to the full extent.
“Rights of third parties” in the sense of the above sentences are in particular those rights whose realization is assigned to collecting societies and presented independently of the form (for example as background music).
d) The content of all data carriers and other records transmitted by the client of duophonic GmbH for the purpose of carrying out the orders corresponds to the provisions of German law; In particular, the data carriers and other records transmitted to duophonic GmbH for the purpose of executing the orders do not constitute pornographic writings within the meaning of § 184 Abs. 3 StGB or contain other contents, their production, duplication and distribution in accordance with German law, in particular according to the provisions of StGB or the laws of the protection of youth, is prohibited or subject to restrictions.
In the case of claims of third parties as a result of an infringement of the aforementioned rights, the client undertakes to exempt duophonic GmbH from all third-party claims and to reimburse all damages and expenses incurred by duophonic GmbH, in particular resulting production costs and the required costs of legal action.
This includes claims and claims of national or international copyright societies or equivalent organizations for alleged or actual infringement of rights, including any attorney and court fees.
The client undertakes to comply with all provisions of German law in the onward delivery, distribution and marketing or other uses of the products manufactured by duophonic GmbH in the context of the orders and the products in particular not in violation of provisions of the Criminal Code or to distribute, distribute or otherwise use the law on the distribution of youthful fonts and media content, or to allow others to use the products in violation of these legal provisions.
In the event of a breach by the client of the above obligation, the client shall indemnify duophonic GmbH against all claims against it upon first request and shall reimburse 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 exemption statement also applies to all future agreements and orders between duophonic GmbH and the client. This document is also valid if it is not referenced in each individual case or attached to future orders.
b) Furthermore, the clauses contained in this document apply retrospectively to clients who have not yet given any guarantee or exemption to duophonic.
Burden of proof of the client
Upon request, the client must provide suitable proof to duophonic, which clearly indicates that copying the input media does not conflict with any rights and claims of third parties. If such proof can not be provided, the duophonic GmbH can reject the order also later.