HOLOWORK
RADIUSMEDIA KG
Konsul-Smidt-Straße 8u
D 28217 Bremen
Tel: +49 421 649225-0
E-Mail: radius@radiusmedia.de
Responsible: Udo Corleis, Geschäftsführer
These provisions constitute an agreement (hereinafter the “Agreement”) between you (hereinafter “Licensee” or “you”) and us, RADIUSMEDIA KG (Konsul-Smidt-Straße 8u, 28217 Bremen, Germany, HRA 26497 HB) (hereinafter “Licensor” or “us”, collectively the “Parties”) for the use of the Service provided to you by us.
Definitions
“Access Token” means an ERC20 utility token which enables the use of the Data by the Licensee.
“Service” means any software service or information provided by the Licensor, the use of which is enabled through acquisition of the Access Token.
“Website” means
- https://federator.cooperants.info/marketplace and
- https://portal.main.pontus-x.eu/
- Applicability
- By acquiring an Access Token, you accept the application of the provisions contained in this Agreement. You acquire an Access Token either by clicking on a button named “subscribe”, “buy”, “use”, “download” or similar on a subpage of the Website where the Service is being described or by using respective software.
- Both Parties to this Agreement are entrepreneurs in the sense of Section 14 of the German Civil Code (“Bürgerliches Gesetzbuch” – BGB).
- License Grant
- Scope
- The Licensor hereby grants the Licensee the non-exclusive, revocable, remunerated, non-transferable right to use the Service for exclusively internal business test purposes. The right to use the service is limited.
- Sublicense
- The Licensee may not grant sublicenses to third parties. It is hereby clarified that the Licensee by acquiring the Access Token does not acquire the ownership, copyright or any other intellectual property right to the Service apart from the usage rights set forth in this Clause.
- Dissemination
- The Licensee may not disseminate the Service to third parties or make the Data publicly available without the Licensor’s prior written consent.
Warranty and Indemnification
The Licensor warrants that it is entitled to grant the rights granted herein and that use of the Service by the Licensee as granted herein will not breach, infringe, misappropriate or otherwise violate rights, including but not limited to intellectual property rights, of any person or entity.
In the event of any claim by any third party that the use of the Data by the Licensee infringes third parties’ rights (“Third Party Claim”), the Licensor shall indemnify the Licensee against any and all damages arising out of or relating to such Third Party Claim including any reasonable legal costs of the Licensee incurring in the defense of any Third Party Claim. At the Licensee’s reasonable request the Licensor shall support the Licensee at the Licensor’s cost in the defense of any Third Party Claim. The Licensee shall inform the Licensor of any Third Party Claim without undue delay.
Liability Limitation
The Licensor shall not be liable for any damage caused by the Licensor or its vicarious agents, unless this damage is caused by (i) injury to life, limb or health, (ii) breach of a material obligation, the fulfillment of which enables the proper implementation of this Agreement and upon the fulfillment of which the Licensee may rely, or (iii) intent or gross negligence.
Smart Contracts
The provisions of this Agreement will partially be automatically executed through computer programs (“Smart Contracts”).
Programming errors cannot be ruled out. The Licensor is not liable for programming errors caused by the Licensor or its vicarious agents with slight negligence.
It is hereby clarified that in the case that provisions of this Agreement deviate from provisions programmed in the Smart Contract, the first will prevail. The Licensor may, and upon the Licensee’s request is obliged, to reverse the executed parts of the Smart Contract which deviate from provisions of this Agreement.
The Licensor may but is not obliged to provide the technical possibility that Access Tokens are acquired by the use of a respective software instead of the Website. By making use of this possibility the Licensee accepts the application of the provisions contained in this Agreement including but not limited to this Clause.
Confidential Information
For the purposes of this Agreement, the term “confidential information” refers to all information of a confidential nature that is marked as such. Furthermore, all data entered, uploaded, recorded, connected or linked by the licensee for the purpose of using the service in accordance with the provisions of this agreement is confidential, regardless of whether it is marked as “confidential” or not.
The Licensor undertakes to treat all confidential information as strictly confidential, not to disclose it to third parties and not to use it for its own or third-party purposes in any way. The Licensor shall ensure that no unauthorized inspection or use of confidential information and data by its employees or third parties takes place. The Licensor is obliged to take all reasonable measures in this regard and to inform the Licensee immediately of any suspected unauthorized use or disclosure.
The licensee is obliged to take appropriate measures to protect the licensor's confidential information under the circumstances. In particular, the licensee is obliged to take appropriate IT security measures, physical access restrictions and other legal (including contractual), organizational or technical measures that are appropriate in the individual case.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The courts of the district in which the Licensor has its registered office shall have exclusive jurisdiction to settle any disputes which may arise relating to this Agreement.
Severance
If at any time any provision of this Agreement is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected nor impaired.