standard form contract conditions

1 Test account

The Krug & Partner Vertriebs GmbH, in the following called "Krug & Partner", enables signed in and registered interested parties, in the following called "user", an exclusive test account to one ore more of the following software products: PATVIN, MARVIN, PatAgent.

2 Requirements

The user interface is completely kept in Java and runs with Internet-Explorer 5.5 or later without client sided installations. Merely user of Netscape Navigators from version 4.5 have to use a plugin, because the implementation of the Java-Virtual-Machine (JVM) is incorrect on this browser.

3 Warranty

Krug & Partner is always endeavoured about the clean availability of the test environment , but cannot guarantee for it. For claims, resulting from a non-availability or a temporary shortened performance of the test environment, Krug & Partner will not be liable for. As well no liability can be assumed for losses of entries and data of the users. Krug & Partner assumes no liability for the accuracy and completeness of information allocated about the test environment.

4 Secrecy

4.1

Within the tests, especially by exchanging test data, documents and conversations between the parties, may the mutual apparentness of secrecy-inidigent technical and economical internals (in the following called "informationen") be necessary. The partners will allocate the information, which will be needed for the test. The parties commit tu use the information only for the purpose and within the tests, but for the rest,
(a) as strictly confidential and not to hand on third parties, as well among an accordant secrecy agreement.
(b) not without a prior agreement in written form of each other party to dispose commercial,
(c) not to make an object of commercial trade mark rights, and
(d) only access to such employees of the parties or with the parties in terms of § 15 AktG associated companies , needed for the purpose of the test and which were first of all depending on the requirements of this agreement were commited to secrecy, as well for the Time after ending their activity at the particular party or the associated company, as far as legally acceptable.
The commitments to secrey are effective for the duration of the test and beyond for a period of five years after the ending of the test account. Krug & Partner will immediately give back delivered data and documents, and completely delete possibly left test data on the server after ending.

4.2

The as aforesaid commitments will be dispensed with for such information, for which the parties prove, that it
(a) was known to them before receiving,
(b) were available to the public before receiving, or were available to the public after receiving, without the user was responsible for this purpose, or
(c) were made accessible to you by one of your acknowledgement therefor authorized third party at any point in time.
Detailed information are not excluded from as foresaid commitments, because they are comprehended in general information, wich fall among the exception conditions in 4.2 (a) to (c).

Combinations of particular specification are not excluded from as foresaid commitments, if only the particular specification, but not the combination itself fall among the exception conditions in 4.2 (a) to (c).

5 Misuse by the user

Krug & Partner is authotized to disable the test account, when obtaining the acknowledgement of illegal use of the test account,without announcement. The User is liable for all actions, which are done in his test account. He commits himself not to violate effective laws and so acquits Krug & Partner of all demands of third parties, which are made reffering to this to Krug & Partner.

6 Protection of privacy

The user consents, that all of his on the internet pages of Krug & Partner recieved data will be according to the German Data Protection Act and Federal Data Protection Law (BDSG), the Telecommuncation Law (TKG), the Teleservice Data Protection Law (TDDSG) and the Telecommunikation- Data Protection Ordinance saved and processed, as far as necessary for the management of the contractual relationship. The user consents to the exchange of data to associated companies of Krug & Partner, as far as the purpose of the data is kept, especially for company-internal services for fulfillment of the contract or for an exchange of contractual relationships inside the company. The user consents, that Krug & Partner is allowed to use and process his stock data for advising the user, for marketing research and for advertisement, as far as necessary for this purpose. Further more Krug & Partner deals the data confidential and in accordance with legal requirements. An elicitation or processing beyond the here described scale of user's personal data only happens with former acceptance by the user. The data is only stored for so long necessary in scale of this agreement and amongst compliance with adaptive law. The user has the right to get information about his stored data at any time. The user has been informed in detail about description, scale, place and purpose of the elication, processing and use of the usere's personal data, needed for the accomplishment The user consents to this data processing expressly.

7 Closing appointments

This commitment is liable to the law of the Federal Republic of Germany . The appliance of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of trial is Heidelberg. If one or more commitment(s) of these commitments should be or become not effective, the effectiveness of the commitment will not be affected for the rest.

8 Contacts

Telephone: +49 6 2 21/ 60 79 -0 Fax: +49 6 2 21/ 60 79 -60
E-Mail: Vertrieb@krug-und-partner.de
Address: KRUG & PARTNER Vertriebs GmbH
Treitschkestr. 3
69115 Heidelberg
Germany

Stand: 10.04.2004