(1) The participant in “My Success Story” assures that he is the unrestricted owner of the transferred rights and therefore assures Fastic Ltd. that he is not prevented for factual or legal reasons from transferring full rights to Fastic and that he has not transferred the respective rights to be transferred or granted to third parties either by disposal or in any other way or that the rights have otherwise been disposed of by the participant in “My Success Story” and that it is possible for him to effectively grant the rights.
(2) The participant in “My Success Story” also assures that the transfer and assignment as well as the granting of the above-mentioned utilization and usage rights of the contractual works as well as all other works connected with them, do not infringe the rights of third parties.
(3) The participant in “My Success Story” exempts Fastic Ltd from all claims of third parties, in particular claims due to copyright and personal rights violations, that might be raised against Fastic Ltd in connection with the exercise of the contractual rights.
(4) Should third parties invoke violation of their rights against participant in “My Success Story”, the participant in “My Success Story” is obliged to inform the Fastic Ltd immediately.
(5) In case third parties claim a violation of their rights against the participant of “My Success Story” and / or Fastic Ltd, the participant of “My Success Story” will release Fastic Ltd from all damages and costs resulting therefrom, including court and settlement costs and the costs for legal advice required at the reasonable discretion of the participant of “My Success Story”. The participant in “My Success Story” actively supports the Fastic Ltd in the judicial and extrajudicial settlement of such disputes with third parties, whereby the sole right of litigation as well as the right to conclude judicial and extrajudicial settlements remains with Fastic Ltd.
(6) Should exercise of the rights from this contract be opposed to the rights of third parties, the participant in “My Success Story” is additionally obliged to take corrective action and to provide
Fastic Ltd with flawless possibilities of use of the contractual objects as well as the works connected therewith. This has to be done specifically by the participant in “My Success Story” to ensure the acquiring of the necessary rights of third parties at his or her own expense for the benefit of Fastic Ltd, or by redesigning the contractual objects and the works connected therewith in such a way that the infringement of rights will be removed under adherence to the owed quality of the contractual objects.
(7) Fastic Ltd expressly reserves the right to enforce indemnity claims for damages arising in this context.
(8) The aforementioned indemnities are not applicable if the claim of the third party results from the fact that Fastic Ltd uses the works contrary to the regulations laid down in these stipulations.
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