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5.1 XOM grants the Customer access to the Platform via an account using login data. The Customer will keep its login data secret at all times and inform XOM promptly after obtaining knowledge about any unauthorised access.
5.2 The Customer will take all necessary measures to prevent any risks to the security and stability of the Platform and the systems of XOM and its subcontractors and will not retrieve data or information without authorisation, interfere with the software of the Platform, penetrate data networks of XOM or transmit any viruses, Trojans or other malware.
5.3 The Customer warrants, that he will not purchase items via the Platform for end use or strive to do so, but only in order to resell, convert, process, lease and/or pass them on to subcontractors.
6.1 Except where expressly provided for in this contract, both parties, their third-party suppliers and licensors shall remain owners of all intellectual property rights and copyrights.
6.2 The customer grants XOM and its subcontractors the non-exclusive, transferable, sub-licensable and royalty-free right to use the information, data and other content provided by the Customer in connection with the online platform for the purpose of fulfilling the obligations arising from the contract, for the operation of the online platform and for the fulfilment of legal obligations and official orders.
6.3 All limitations and exclusions of liability set out in § 6 also apply to XOM's affiliates, members of the executive board, directors, employees, agents, subcontractors, sub-suppliers and other assistants.
13.2 The limitations under Section 13.1 do not apply insofar as the information is already publicly known, has been made public by third parties without breach of a contractual duty or is subject to a statutory obligation or court/official order for disclosure.
13.4 Any other regulations concerning confidentiality between the customer and a partner shall remain unaffected.
Published on July 30, 2019