General Terms and Conditions of C4B for the Provision of XPhone Software for On-Premises Use

The provision of XPhone Software (hereinafter: Software) by C4B COM For Business AG, Untere Point 8, 82110 Germering (hereinafter: C4B) on a perpetual or rental basis to companies within the meaning of Section 14 of the German Civil Code (hereinafter: Customer) for operation by or for the Customer under its responsibility (hereinafter: On-Premises Use) is based on the following General Terms and Conditions (hereinafter: GTC), unless C4B and the Customer agree otherwise in individual cases on the basis of an offer made in writing or by e-mail (hereinafter: Text Form) and its acceptance in Text Form (hereinafter: Individual Contract):

1. Scope of Application of the GTC

a. All provisions of the GTC apply both to Customers who use the Software themselves (hereinafter also: End Customer) and to Customers to whom C4B provides the Software for the purpose of reselling it to End Customers (hereinafter also: Partner), unless these GTC or the Individual Contract expressly provides otherwise.

b. All provisions of the GTC apply both to Software that C4B has developed itself or provides under its own brand (hereinafter: Proprietary Software) for On-Premises Use and to Software that is not C4B's Proprietary Software (hereinafter: Third Party Software) and is provided for On-Premises Use, unless these GTC or the Individual Contract expressly provide otherwise.

c. All provisions of the GTC apply both to Software that is provided to the Customer on a perpetual basis for On-Premises Use and to Software that is provided to the Customer on a rental basis for On-Premises Use (hereinafter: Subscription or Subscription Model), unless these GTC or the Individual Contract expressly provide otherwise.

d. All provisions of these GTC shall apply to all future updates of the Software (patches, updates, upgrades, major releases, hereinafter collectively referred to as: Releases) which are provided to the Customer either under a warranty granted in accordance with these GTC and, in the case of perpetual provision, on the basis of agreed maintenance services (hereinafter referred to as: Up2Date), unless these GTC or the Individual Contract on Up2Date from time to time expressly provide otherwise.

e. Once an Individual Contract for the On-Premises Use of Software has been concluded, these GTC shall also apply to all further future business relationships with the Customer regarding such type of business, without the need for a new express reference.

2. Conclusion of Individual Contracts

a. The Customer's general terms and conditions only apply to C4B if C4B has expressly agreed to them in Text Form. These GTC also apply exclusively if C4B provides Software without reservation and in the knowledge of conflicting general terms and conditions of business or purchase of the Customer.

b. All offers from C4B are non-binding, unless C4B expressly characterises the offer as binding. C4B is permitted to accept offers from the Customer within two weeks of receipt by C4B.

c. Offers and acceptances must be made in Text Form to be effective. Ancillary and additional agreements to an Individual Contract, information on the specification and properties of the Software and agreements made before, during or after the conclusion of an Individual Contract must also be made in Text Form in order to be effective and must make express reference to the relevant Individual Contract. In the case of any assurances (“Zusicherungen”) and guarantees (“Garantien”), the requirements of Section 3 letter b of these GTC shall additionally apply.

d. If C4B offers the Customer several/different deliverables in an offer (e.g. the provision of different Software, Professional Services, etc.) as well as prices which can be allocated to the respective deliverables (individual prices), a legally independent Individual Contract exists for each of these deliverables in case such offer is accepted, unless it is expressly stated in the offer that C4B intends to offer an Individual Contract for the entirety of all deliverables. If a total price for several deliverables is shown in C4B's offer in addition to individual prices, this alone is not sufficient for construing an Individual Contract for the entirety of all deliverables.

3. Subject of the Individual Contract

a. The specification and properties of the Proprietary Software, applicable use restrictions, including any information on the operating environment required by the Customer, are set out conclusively in C4B's current service description published on C4B's website (hereinafter: Service Description), and in the case of Third Party Software additionally and primarily in the current data sheets, documentation, release notes and other information published by the respective manufacturer (hereinafter collectively: Accompanying Material), unless otherwise agreed in Text Form in the Individual Contract.

b. Descriptions of properties and characteristics in the Accompanying Material are not to be understood as an assurance (“Zusicherung”) of certain properties or as a guarantee (“Garantie”). Additional agreements on the Software in the Individual Contract are only to be understood as assurances (“Zusicherungen”) of properties or guarantees (“Garantien”) by C4B if these are made in Text Form by the management of C4B and are expressly labelled as "assurance" or "guarantee".

c. C4B owes the provision of a machine-readable object code, but not the provision of other programme codes, in particular not the source code. C4B does not owe any installation, Software adaptation or customising services, unless otherwise agreed in the Individual Contract on the basis of the then current General Terms and Conditions of C4B for Professional Services.

d. Proprietary Software is delivered together with Accompanying Material in German and English, unless the Individual Contract provides otherwise. In the case of Third Party Software, C4B only owes the delivery of Accompanying Material if and to the extent the manufacturer of the Software makes this available to C4B.

e. C4B is entitled to take appropriate technical measures to protect against non-contractual use of the Software (licence authorization code, digital rights management system etc.), provided that the use of the Software on an alternative or successor hardware of the Customer is not significantly impaired by this. The Customer shall inform C4B in advance of any On-Premises Use on alternative or successor hardware.

f. C4B may carry out the delivery of Software and/or Accompanying Material as follows, unless the Individual Contract provides otherwise: either by delivering a data carrier on which the Software is stored, by sending it by e-mail or by referring the Customer to a download option via the internet. C4B will make the decision at its reasonable discretion.

g. If the installation and use of the Software in accordance with the preceding letter e. is dependent on the import of a licence authorization code, the Customer shall obtain this himself by registering at https://www.c4b.com after full payment of the licence fee agreed in the Individual Contract (in the case of On-Premises Use on a perpetual basis) or after full payment of the first instalment of the Subscription fee agreed in the Individual Contract (in the case of On-Premises Use in the Subscription Model).

h. After conclusion of the Individual Contract, C4B reserves the right to make updates to the agreed Software in the form of Releases and to the Accompanying Material, provided that at least the properties and specifications described in the Individual Contract are met.

i. If the Software provided in the Subscription Model is intended for use in conjunction with a specific third-party product according to the Accompanying Material and if this third-party product is affected by an End of Life (EOL) or End of Maintenance (EOM) notification by the respective manufacturer, C4B has a right to a Termination For Cause in accordance with Section 4 letters b. to d. C4B will inform the Customer of such an intended Termination for Cause in Text Form as early as possible.

j. Partial services and deliveries and/or early deliveries are permissible unless it cannot be reasonably expected of the Customer in individual cases.

4. Term of an Individual Contract for On-Premises Use in the Subscription Model

a. Individual Contracts for On-Premises Use in the Subscription Model are concluded for a term of between one (1) year and a maximum of five (5) years from the conclusion of the relevant Individual Contract (hereinafter: Initial Subscription Term). Following this Initial Subscription Term, these Individual Contracts shall be automatically extended by the Extension Period agreed in the Individual Contract (hereinafter: Subscription Extension Period) or, in the absence of an agreement, by the Subscription Extension Period specified in the Accompanying Material, unless one of the parties objects to the extension in Text Form at least three (3) months before the next extension (hereinafter: Termination For Convenience).

b. In deviation from letter a., each party may only terminate an Individual Contract for On-Premises Use in the Subscription Model prematurely for cause if these GTC expressly provide for a special right of termination for cause (see Section 3. letter i. of these GTC) or the termination occurs for good cause recognized by governing law (hereinafter: Termination For Cause). In the event of a breach of a contractual obligation, good cause for termination shall otherwise only exist if the other party breaches a material obligation of such an Individual Contract and such breach is not remedied within a reasonable period of time from the date of receipt of the warning, even after receiving a prior warning. The Customer shall also have good cause for a Termination For Cause of the underlying Individual Contract without prior warning as soon as at least two attempts to rectify material defects in accordance with Section 12 have finally failed.

c. Any Termination For Convenience and For Cause and any warning in accordance with this Sect. 4 must be made in Text Form.

d. If a party does not exercise a right to Termination For Cause within one (1) month of becoming aware of the good cause for termination, this right shall be forfeited.

e. In the case of Individual Contracts for On-Premises Use on a perpetual, perpetual basis, the parties have neither a right to terminate for convenience nor for cause.

5. Trial Use of Proprietary Software by End Customers

a. If this is provided for Proprietary Software through a corresponding online registration process on the C4B website, C4B grants End Customers the opportunity to test Proprietary Software free of charge for four weeks (hereinafter: Trial Period) in accordance with the terms of use provided in the registration process (hereinafter: EULA) (hereinafter: Trial Use). The Trial Period begins when the End Customer registers and agrees to the EULA. Towards the end of the Trial Period, the End Customer shall receive an offer in Text Form regarding the chargeable use, which the End Customer is free to decide whether to accept.

b. For Third Party Software and vis-à-vis Partners, C4B generally does not grant the possibility of Trial Use, unless this is exceptionally agreed in an Individual Contract.

6. Partner´s Right of Rescission (“Rücktritt")

a. Partners are entitled to rescind from (“zurücktreten”) Individual Contracts for the On-Premises Use of Software, provided that the rescission takes place before the relevant licence authorization code is activated by the End Customer and the rescission is declared by the Partner in Text Form. In the event of an effective rescission, C4B is entitled to charge a reasonable handling fee of no more than EUR 50 per rescission.

b. The End Customer is not granted the above contractual right of rescission.

7. Timelines and Delay

a. Timelines and delivery, supply or service start dates specified in the Individual Contract (hereinafter: Deadlines) are non-binding target and plan dates, unless they are expressly agreed as fixed deadlines in the Individual Contract in Text Form. Furthermore, C4B is only in delay with fixed Deadlines if there is a due date, the Customer has unsuccessfully set C4B a reasonable grace period in Text Form and the delay is the fault of C4B itself.

b. Compliance with fixed Deadlines by C4B requires the timely performance of all acts of co-operation by the Customer as well as compliance with the agreed terms of payment and the Customer's other obligations. If these conditions are not fulfilled on time by the Customer (whether or not the Customer is at fault), the fixed Deadlines shall be postponed accordingly. C4B also reserves the right to further legal defences and objections.

8. Rights of Use and Distribution of the Software

a. The End Customer's non-exclusive rights to On-Premises Use (including any trial use) are granted under and limited to the rights specified in the respective EULA applicable to the Software in question, which are available for download at www.c4b.com and are displayed during the installation process. The End Customer only acquires the right to activate a licence authorization code and the rights of use described in the Individual Contract and the respective EULA upon full payment of the licence fee agreed in the Individual Contract (in the case of On-Premises Use on a perpetual basis) or after full payment of the first instalment of the Subscription fee agreed in the Individual Contract (in the case of On-Premises Use in the Subscription Model).

b. Unless expressly agreed otherwise in Text Form in the Individual Contract (e.g. for trial use), the Partner itself shall not receive any right to use the Software, but only the non-exclusive right to distribute the Software in accordance with the respective Partner contract and Section 9 letters c. to g. of these GTC. c. to g. of these GTC. The Partner is aware that additional sales restrictions may result from the respective commercial agreements, e.g. the Partner is not authorised to pass on price advantages from graduated prices to several End Customers. Furthermore, the Partner is not authorised to offer or provide

- Software that it has been licensed from C4B for On-Premises Use on a perpetual basis to End Customers in a Subscription Model,

- Software that has been licensed to End Customers in a Subscription Model to other End Customers for use in the event of premature termination of his end customer agreement,

unless C4B has granted its prior consent in Text Form or the parties have expressly agreed this in the Individual Contract.

c. Apart from the rights of use expressly granted by the respective EULA, the Customer does not acquire any rights to the Software supplied by C4B or to the Accompanying Material. Both the names and trademarks used for the Software and the existing industrial property rights and copyrights to the Software and Accompanying Material remain exclusively with C4B and/or its upstream suppliers or licensors.

9. Reservation of Title and Rights

a. C4B retains ownership of any physical delivery items and, in the case of On-Premises Use, reserves the right to grant the rights specified in the Individual Contract or EULA (hereinafter: Reserved Deliverables) until full payment of the prices and fees agreed in the Individual Contract. Software provided under the Subscription Model shall also be deemed Reserved Goods within the meaning of this Section 9 until payment of the first instalment of the Subscription fee.

b. The Customer is obliged to inform C4B immediately of any seizure by third parties, in particular any foreclosure of Reserved Goods, and in the event of foreclosure to take action against the foreclosure measures in the name of C4B - if necessary also in court - and to lodge an objection with the enforcement creditor.

c. The Partner may only dispose of the Reserved Goods purchased from C4B - insofar as it is still subject to retention of title or rights - in the ordinary course of business. In doing so, the Partner shall agree with its Customers that ownership shall only be transferred to the Customer or that the Customer shall only be granted rights of use in accordance with the EULA once the Customer has fulfilled its payment obligations to the Partner.

d. By way of security, the Partner assigns to C4B all rights arising from the resale of the Reserved Goods upon conclusion of its contract with the Customer. The Partner remains authorised to collect these claims. In addition, C4B is authorised to collect the claims itself, but undertakes not to do so as long as the Partner is not in default of payment and/or no application has been made to open insolvency proceedings against the Partner's assets. A transfer by way of security or pledging of claims from the resale or subletting of the Software by the Partner to third parties is not permitted for the duration of the retention of title or reservation of rights.

e. If requested by C4B, the Partner must hand over a list of all Reserved Goods as well as a list of the claims assigned to C4B with the name, address of the debtor and the amount of the claims. In addition, C4B is authorised to determine the advance assignments by inspecting the Partner's books.

f. At the request of C4B, the Partner shall name the recipients of Reserved Goods and the payments still outstanding from them and shall allow an independent book expert appointed by C4B to inspect its books. If the value of the claims assigned to C4B exceeds the total unsecured claims against the Partner by more than 20%, C4B is obliged to reassign these claims at the Partner's request. Until revoked, the Partner is authorised to collect claims assigned to C4B on behalf of C4B. C4B is authorised to inform the third party of the assignment of claims and to issue instructions. If the Partner acts contrary to his obligations, C4B is entitled to demand the return of the Reserved Goods without this being considered a cancellation of the Individual Contract.

g. At the request of C4B, the Partner must notify his debtors (third-party debtors of C4B) of the assignment of the claims to C4B. C4B is permitted to effect these notifications to the third-party debtors itself. C4B is also entitled to retrieve the Reserved Deliverables in order to realise and settle the remaining debt. The Partner is obliged to provide C4B with possession of the Reserved Deliverables and to allow C4B or its authorised representatives access to the business premises during normal business hours. The assertion of the retention of title, in particular the demand for the return, seizure or taking possession of the Reserved Deliverables does not constitute a termination of or rescission from the Individual Contract in question.

10. Obligations of the Customer

a. The End Customer shall install the Software itself, unless otherwise stipulated in Section 3 lit. c. of these GTC, and to create and maintain the system environment required for On-Premises Use.

b. Insofar as the retrieval of a licence retrieval code from C4B is necessary for the use of the Software in accordance with Section 3 letter g, the End Customer shall take the necessary measures for this and truthfully provide the information required in the registration process about itself and the Partner responsible for it and keep this data up to date. In subsequent correspondence with C4B, in particular in the context of repeat orders, the End Customer shall provide the reference data required by C4B (e.g. system ID).

c. The End Customer is responsible for regular data backups. In this respect, it shall take the necessary precautions, in particular with regard to data of business-critical importance, in the event that the Software provided does not work properly after installation. The End Customer is also recommended to provide appropriate and equivalent alternative communication channels to which it can fall back on if necessary.

d. During any Trial Use, and in any case after the Software has been installed for the first time, the End Customer must check it immediately for its basic functionality and report any defects in Text Form within 10 working days of retrieving the licence retrieval code. The Customer must also report any defects in the Software that arise later in Text Form without delay, at the latest within 10 working days of becoming aware of them. In each notification of defects, the End Customer must list the defects in a comprehensible and detailed form, stating all information useful for recognising and analysing the defect. In particular, the work steps that led to the occurrence of the defect, the manifestation and the effects of the defect must be stated. If the Customer does not fulfil these obligations, it shall not be entitled to the rights under Section 12 of these GTC.

e. The Customer must provide C4B with reasonable support in remedying any defects in the Software. Where reasonable, the Customer is obliged to set up remote access. The Customer may demand that C4B concludes an industry-standard confidentiality agreement with the Customer before carrying out the measures provided for in this Section.

f. The Customer must reimburse C4B for any expenses incurred by C4B in connection with

(i) an inspection, investigation and defect rectification measure initiated by the Customer if the Customer has recognised or negligently failed to recognise that there is no defect in the Software, or

(ii) a breach of one of the obligations of the Customer specified in these GTC, in C4B's General Terms and Conditions for Up2Date Services or in the EULA, unless the Customer is not at fault.

Working time spent by C4B will be charged in accordance with the provisions of Section 11 letter a of these GTC.

g. The Customer shall ensure for an unlimited period of time and beyond the term of an Individual Contract that any source programs provided, the Accompanying Material, licence or serial numbers, licence authorization codes and any data from a digital rights management system are not made accessible to third parties without the prior consent of C4B, unless otherwise provided for in the EULA.

h. The Customer may not do anything that could encourage unauthorised use of the Software and/or the Accompanying Material. In particular, he may not attempt to decompile the Software unless he is authorised to do so under mandatory statutory copyright law and C4B has finally refused to take the necessary measures. The Customer shall inform C4B immediately if it becomes aware that unauthorised access is imminent or has occurred in its area.

11. Fees and Terms of Payment

a. The Customer shall pay a one-off licence fee for perpetual On-Premises Use and a Subscription Model fee payable at regular intervals for the duration of the Individual Contract. Licence and Subscription fees are agreed in the Individual Contract. The fees are based on C4B's current list prices, unless the Individual Contract provides otherwise. Any services not consisting of software delivery (e.g. professional services) shall be invoiced according to the time spent plus travelling costs and expenses.

b. All prices and fees - both in the price list and in Individual Contracts - are quoted in euros and are exclusive of VAT.

c. Unless otherwise agreed in an Individual Contract in Text Form, invoicing shall take place

(i) in the case of On-Premises Use on a perpetual basis, immediately upon conclusion of the Individual Contract;

(ii) in the case of On-Premises Use in the Subscription Model, at the intervals agreed in the Individual Contract,

and the fee agreed in the Individual Contract is payable immediately without deduction upon receipt of the invoice.

d. If the Customer is wholly or partially in arrears with a payment claim, C4B is entitled to perform further services only against advance payment, to make all outstanding invoices due immediately and to make further deliveries dependent on the provision of appropriate security.

e. Subject to the following letter g., payments by the Customer are to be transferred without deduction to the bank details specified by C4B, unless the parties agree payment by SEPA direct debit in the Individual Contract. Any discount and bank charges shall be borne by the Customer.

f. The parties agree that for the duration of an agreed SEPA Business-to-Business Direct Debit Scheme, the period for advance notification (announcement) of an upcoming direct debit shall be reduced to five (5) days. Notification of the direct debit shall be made by means of a note on the associated invoice.

g. The Customer may only offset undisputed or legally established claims and assert any statutory rights of retention solely on the basis of such claims. Furthermore, the Customer may only exercise a right of retention in respect of counterclaims based on the same Individual Contract.

12. Limited Warranty of C4B

a. The Customer shall have no claims for defects if the Software deviates only insignificantly from the contractual quality or usability. C4B is not liable for non-reproducible defects.

b. If the Customer has duly reported defects in the Software in accordance with Section 10 letter d. of these GTC and if the Customer is entitled to claims for defects in accordance with this section, C4B is obliged to rectify these defects free of charge at C4B's discretion by means of a patch, bug fix, reasonable workarounds, updates or upgrades within a reasonable period of time, otherwise in accordance with the Accompanying Material. Only if such rectification fails or cannot be carried out for other reasons the Customer shall be entitled to reduce the remuneration as per applicable governing law and/or demand compensation for damages or expenses in accordance with Section 12 of these GTC. If the rectification of a significant defect fails three times, the Customer shall additionally be entitled to a right of withdrawal in the case of On-Premises Use on a perpetual basis and an extraordinary right of termination in accordance with Section 4 letter b. of these GTC in the case of On-Premises Use in the Subscription Model. The Customer must exercise any right of withdrawal/termination to which he is entitled under this section within a reasonable period of time, generally within 14 calendar days.

c. In the case of On-Premises Use, the above claims of the Customer due to a material defect expire perpetually within 12 months of the invoice date in accordance with Section 11 lit. c. or - if C4B, in accordance with Section 3. lit. c. of these GTC - upon completion of the installation. In the case of On-Premises Use in the Subscription Model, the Customer's warranty claims exist for the term of the Individual Contract.

d. The statutory claims and time limits in the event of an intentional or grossly negligent breach of duty, fraudulent concealment of a defect and in cases of injury to life, limb or health remain unaffected. The processing of a notice of material defect by the Customer by C4B shall only lead to the suspension of the limitation period if the legal requirements for this are met. This shall not result in a recommencement of the limitation period. A subsequent fulfilment (new delivery or rectification) can only have an influence on the limitation period of the defect triggering the subsequent fulfilment.

e. Any guarantees provided by the respective manufacturer of Third Party Software shall remain unaffected by the above provisions.

13. Limited Liability of C4B and Limitation Period

a. C4B is liable to the Customer (also in the circumstances described under letters (b) to (d)) (i) for damages caused by it and its legal representatives or vicarious agents intentionally or through gross negligence, (ii) for damages that under the Product Liability Act and (iii) for damages resulting from injury to life, limb or health, if and to the extent the damages mentioned in (i) through (iii) are due to the fault (”Verschulden”) of C4B, its legal representatives or vicarious agents.

b. C4B is not liable for slight negligence unless C4B itself has breached a material contractual obligation (cardinal obligation). This liability is limited to the foreseeable damages that are typical for the type of contract involved. Liability for loss of profit, loss of savings, business interruption and other remote consequential damages is in case of slight negligence excluded. For a single case of damage and per contractual year, any such liability is limited to the agreed net value of the Individual Contract concerned. When concluding an Individual Contract, the parties may agree on further liability per claim or contract year against separate remuneration.

c. C4B is only liable for damages under a guarantee (“Garantie”) if this has been expressly assumed in the guarantee. In the event of slight negligence, this liability is subject to the limitations in accordance with lit. c.

d. In the event of loss of data, messages and information, C4B is only liable for the effort required to restore the data, messages and information if the Customer has backed them up properly. In the event of slight negligence on the part of C4B, this liability only applies if the Customer has carried out a proper data backup immediately before the measure leading to the loss of data.

e. Claims for damages expire one year after the statutory limitation period begins. The statutory limitation periods remain unaffected in the event of an intentional or grossly negligent breach of duty by C4B and in cases of injury to life, limb or health.

f. The above letters b. to e. of this Section apply accordingly to claims for reimbursement of expenses and other liability claims of the Customer against C4B.

14. Confidentiality Obligation, Data Protection and Reference Advertising

a. Each party undertakes to keep the content of each Individual Contract and the data communicated or made accessible to it by the other party - in whatever form - before or during the Individual Contract, in particular prices, technical know-how or other information, regardless of content, secret from third parties, to use it only for the purposes of the Individual Contract concerned and to utilise it - neither in whole nor in part - for its own purposes without the express written consent of the other party and to oblige its employees and other third parties coming into contact with it to do so.

b. The above letter a) shall not apply as long as and insofar as such confidential information (i) was already known to the respective recipient beforehand without an obligation of confidentiality or (ii) is or becomes generally known without the respective recipient being responsible for this or (iii) is communicated or provided to the respective recipient by a third party without an obligation of confidentiality or (iv) has demonstrably been developed independently by the recipient or (v) must be made accessible to authorities due to legal regulations or (vi) has been released in writing by the providing party for disclosure.

c. The parties undertake to comply with applicable data protection law. In particular, the Customer itself is responsible for checking the permissibility of its planned use of the Cloud Software and for complying with the data protection requirements applicable to the provision of the Cloud Software to its users (e.g. information obligations). To the extent required by law, the parties shall conclude a separate written agreement on the processing of personal data on behalf of the Customer.

d. C4B is authorised to publicly name the Customer as a reference Customer on standard marketing media (website, brochures). If the Customer's brands or logos are used, this requires the Customer's prior approval.

15. Miscellaneous

a. Every Individual Contract between C4B and the Customer and its conclusion or termination are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

b. Should a provision of an Individual Contract be or become invalid, this shall not affect the validity of this Individual Contract, unless adherence to the Individual Contract would constitute an unreasonable hardship for one of the parties.

c. The Customer shall be responsible for observing any import and export regulations applicable to the services, in particular those of the USA. In the case of cross-border deliveries, the Customer shall bear any customs duties, fees and other charges incurred. The Customer shall handle legal or official procedures in connection with cross-border deliveries or services on its own responsibility, unless otherwise expressly agreed.

d. Amendments and supplements to an Individual Contract must be agreed in Text Form. This shall also apply in the event of an amendment to this letter d.

e. C4B is authorised to transfer all rights and obligations arising from an Individual Contract to an affiliated company within the meaning of Section 15 the German Corporation Act (AktG) at any time, even without the Customer's consent. C4B is obliged to inform the Customer of such a transfer in Text Form. Any assignment of rights and claims from an Individual Contract by the Customer to a third party is excluded without the prior consent of C4B. This consent must be given in Text Form.

f. The content of an Individual Contract replaces all previous declarations by C4B with regard to the delivery item of the Individual Contract in question.

g. The place of jurisdiction for any dispute arising from and in connection with an Individual Contract - also with regard to its conclusion and its termination - with a merchant, a legal entity under public law or a special fund under public law is the registered office of C4B. The above choice of this place of jurisdiction is exclusive for the Customer only.