12.1 All 3D-Scans and CAD-Files created by Arenz Digital Services GmbH within the scope of the services offered are subject to the applicable copyright laws and are the property of Arenz Digital Services GmbH. Any use of the work and services presented and submitted by Arenz Digital Services GmbH with the aim of concluding the contract (e.g. presentations) shall require the prior approval of Arenz Digital Services GmbH, even if the work and services are not protected by copyright.
The same applies to the use of these works and services in altered or edited form, as well as to the use of the ideas underlying the work and services, provided that they have not been reflected in the recent advertising media of the customer. Any acceptance of a possible presentation fee shall not constitute consent to the use of our work and services.
12.2 Arenz Digital Services GmbH grants the customer all necessary rights of use to the contractual services as non-exclusive rights for an indefinite period to the extent necessary to use the contractual services for the agreed purposes. Deviating agreements are possible in individual cases. Such agreements must be concluded in writing and must specifically describe the scope of use.
12.3 With regard to any standard software to be procured by Arenz Digital Services GmbH (among others, operating system, content management system) Arenz Digital Services GmbH shall grant the customer all rights of use which Arenz Digital Services GmbH obtained from the manufacturer/distributor of the standard software as transferable rights.
12.4 With regard to any customized software to be developed by Arenz Digital Services GmbH, the customer acquires the right to use the software, and in particular to store and present it in public, upon full payment of the contractually agreed fee.
12.5 Any use of the contractual services outside the Federal Republic of Germany shall always require the approval of Arenz Digital Services GmbH.
12.6 Arenz Digital Services GmbH warrants that the services provided under this contract are unencumbered by third-party rights and that the use of these services by the customer does not infringe any third-party rights. Should the contractual use of services nevertheless infringe the rights of third parties, Arenz Digital Services GmbH shall indemnify and hold the customer harmless from all legitimate third party claims. This also includes all reimbursable legal defense costs.
12.7 Excluded from the transfer of rights are the rights to pre-existing works (e.g. libraries, open source software, etc.) which Arenz Digital Services GmbH uses in the performance of its duties. Unless the parties expressly agree on the exclusion of pre-existing works in writing, Arenz Digital Services GmbH is free to use these works. Arenz Digital Services GmbH will inform the customer of the use of such works.