I. General Terms and Conditions for Services of Eigenland GmbH
1. scope of regulation
2. respect for the intellectual property of eigenland® 3. scope of services
4. confidentiality and data protection
6. final provisions
1. scope of regulation
Eigenland GmbH has developed a procedure under the name "eigenland", including a methodology and working material, the application of which at the Customer's premises is subject to the following provisions, which the Customer expressly accepts by placing the order. Furthermore, the following provisions also apply to all other services provided by Eigenland GmbH. If the customer acquires a license with respect to the above-mentioned procedure for use in its own activities vis-à-vis third parties, the general license conditions formulated separately under Section II. shall apply. In addition, general law and statute shall apply in each case. General terms and conditions of business submitted by the customer shall not be deemed accepted even if Eigenland GmbH does not expressly object to them..
2. Respect for intellectual property rights to eigenland®
Irrespective of the scope or existence of statutory intellectual property rights vis-à-vis Eigenland GmbH, the customer acknowledges the exclusive rights to the analysis process designated eigenland®, in particular the methodology, didactics as well as the conception and design of the system equipment including the topic modules, and assures that he will not interfere with these rights without permission for use expressly granted by Eigenland GmbH. The customer agrees not to assert any claims against Eigenland GmbH on the basis of any involvement of the customer in the creation of topic modules or other editing processes carried out by Eigenland GmbH. In particular, the following applies:
2.1. Trademark law
Eigenland GmbH reserves the exclusive right of exploitation to the eigenland® brand. In particular, the customer is not entitled to transfer rights of use to third parties, to grant sublicenses or to use parts of the theoretical or practical training content for its own training or further education. The right to train eigenland® users as well as to use any parts of the system equipment of the analysis process is only entitled to Eigenland GmbH.
The customer is in no case entitled to pass on the concept theoretical principles to third parties or to apply the learned contents under a name other than those mentioned above. In particular, the concept - including parts thereof - may not be used for purposes other than those expressly agreed upon.
2.3. Materials and contents
Eigenland GmbH reserves all rights to the materials, including the content embodied therein. No part of these materials may be reproduced and, in particular, may not be made available to third parties without written permission granted by Eigenland GmbH. This also applies to the time after participation in the events. All materials provided by Eigenland GmbH, in particular images and teaching content, are solely for the agreed use by the customer; they are the property of Eigenland GmbH and are made available to the customer for use for the duration of the agreed performance period.
3. Scope of services
3.1. The type and scope of the services to be rendered by Eigenland GmbH as well as the remuneration to be paid by the customer shall be deemed to be conclusively regulated in the respective order correspondence.
3.2. Changes to the service and task described in the offer, which result from new findings during the performance of the service or from new requirements or wishes on the part of the Client, shall be taken into account by agreement. If services rendered have not been specified in advance, they shall nevertheless be subject to remuneration, in case of doubt in corresponding application of the agreed remuneration regulation. Any additional services rendered shall be invoiced separately.
3.3. In principle, the general statutory regulations of the law on service contracts apply to the services rendered by Eigenland GmbH. Provisions of contracts for work and services shall only apply if this is expressly agreed in connection with the specification of the services to be rendered.
4. Confidentiality and data protection
Insofar as Eigenland GmbH obtains knowledge of information or trade secrets of the customer within the scope of the contractual services, Eigenland GmbH will observe the provisions of data protection law as well as confidentiality for any trade secrets..
eigenland® is based on development work carried out to the best of our knowledge and belief as well as the utilization of over 20 years of consulting experience. Nevertheless, due to the complexity of eigenland® alone as well as the dependence on the cooperation of the customer or the application participants belonging to the customer, no guarantee can be given for the ideal or economic success. For the general functionality of the technical devices within the system equipment, the general legal warranty provisions apply.
6. Final provisions
Changes and additions to these general terms and conditions must be made in writing to be effective. The contract concluded hereunder and its execution shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from and on the basis of this contract as well as the place of performance is the principal place of business of Eigenland GmbH. If an English version of this contract is drawn up, the German language version shall always take precedence in the event of any doubt as to the interpretation of the contractual provisions.