6.1 The payment period and the amount of the remuneration as well as the method of payment shall be governed by the order sheet.
6.2 If the Customer delays payment of a due remuneration by more than four weeks, the Provider shall be entitled to block access to the Software after prior reminder with setting of a deadline and expiry of the deadline.
The Provider’s claim to remuneration shall remain unaffected by the blocking. Access to the software will be reactivated immediately after payment of the arrears. The right to block access shall also exist as a mitigating measure if the Provider has a right to extraordinary termination pursuant to Section 11.2.
6.3 After expiry of the initial term in accordance with the order sheet, the Provider may adjust the prices as well as the rates for an agreed remuneration according to the general price development. If the fee increase is more than 5%, the Customer may terminate the contractual relationship at the end of the current contractual month.
6.4 The remuneration for other services shall be based on the Provider’s price sheet valid at the time.
LIABILITY AND COMPENSATION FOR DAMAGES
9.1 The Provider shall be liable for damages of the Customer caused intentionally or by gross negligence, which are the consequence of the non-existence of a guaranteed quality, which are based on a culpable breach of essential contractual obligations (so-called cardinal obligations), which are the consequence of culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
9.2 Cardinal obligations are such contractual obligations, the fulfillment of which enable the proper execution of the contract in the first place and the observance of which the contractual partner may regularly rely on, and the violation of which endangers the achievement of the purpose of the contract on the other side.
9.3 In the event of a breach of a cardinal obligation, liability – insofar as the damage is merely due to slight negligence – shall be limited to such damage as may typically be expected to occur when using the contractual software.
9.4 In all other respects, liability – on whatever legal grounds – is excluded.
9.5 If damage to the Customer results from the loss of data, the Provider shall not be liable for such damage if the damage could have been avoided by the Customer making a regular and complete backup of all relevant data. The Customer shall perform a regular and complete data backup itself or have it performed by a third party and shall be solely responsible for this.
12.1 The parties are obliged to keep permanently secret, not to disclose to third parties, record or otherwise use all information about the other party which has become known or will become known to them in connection with this Agreement and which is marked as confidential or is identifiable as business and trade secrets on the basis of other circumstances (hereinafter: “Confidential Information”), unless the other party has expressly consented in writing to the disclosure or use or the information is required to be disclosed by law, court order or administrative decision.
use has not expressly consented in writing or the information is required to be disclosed by law, court order or administrative decision.
12.2 The information shall not be confidential information within the meaning of this Clause 12 if it has
was already known to the other party beforehand without the information being subject to a confidentiality obligation,
is generally known or becomes known without a breach of the confidentiality obligations assumed,
is disclosed to the other party by a third party without breach of a confidentiality obligation.
12.3 The obligations under this Section 12 shall survive the end of this Agreement.