§6 Reservation of title; assignment
VI.1 All merchandise is delivered subject to reservation of title and shall remain in our ownership until full payment of the invoiced amount. For deliveries to merchants the reservation of title shall only expire on payment of all the business relationship’s bills receivable.
VI.2 The software, including source and object programs, related data media, organization, documentation and briefing documents shall be subject to copyright and remain the property of SOREX, as long as not agreed upon differently within the terms of the software contract. The Customer may utilize the software only as stipulated by the terms of the contract. Circulation or multiple-use by the Customer shall be prohibited.
VI.3 If our reservation of title shall seize to exist due to the further processing of delivered merchandise, the Customer hereby undertakes to confer the co-ownership of the resulting goods upon SOREX Wireless Solutions GmbH.
VI.4 Any extraordinary acts like security assignment, transfer and pledge or similar on behalf of the Customer relating to the merchandise delivered by us shall be invalid. The Customer shall provide us with immediate written notice of pledges or other third party interventions. Failure to comply with this notification requirement shall result in damages for the Customer.
VI.6 We shall be entitled to reclaim the merchandise under reservation of title without resulting in the cancelation of the contract in case of payment delays, pending default or foreclosure of the Customer. In this case, the Customer shall be obligated to return the goods under reservation of title. The contractual partner shall commit to handle the delivered merchandise with care during the period of reservation of title. In case of any returns of merchandise under reservation of title, the contractual partner shall be obliged to compensate for any loss in value regardless of any negligence or fault and to pay an adequate fee for usage.