8.1 L+P, vwd GmbH and the customer will treat business and trade secrets that they have received from the other party, as well as contractual details of their cooperation, strictly confidentially.
8.2 L+P and vwd GmbH are freed from their contractual obligations and liability is excluded if they are impeded in the fulfillment of said obligations due to industrial dispute, administrative or judicial measures or other events of force majeure, and cannot be held responsible for this. Furthermore, in the aforementioned cases, L+P and vwd GmbH are entitled to immediate termination of the contract on exceptional grounds. L+P and vwd GmbH will inform the customer immediately that one of the aforementioned cases exists.
8.3 L+P and vwd GmbH are entitled to transfer individual or all rights and obligations in this contract to a third party without the consent of the customer.
8.4 Only German substantive law is applicable to the contractual relationship between L+P and vwd GmbH and the customer, excluding the provisions of private international law (Introductory Act to the German Civil Code). Moreover, the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11th April 1980 is also excluded.
8.5 Verbal collateral agreements, amendments and/or modifications to the contract must be made in writing. This applies equally to the renunciation of the written form requirement. Submission via telefax is deemed as compliance with the written form requirement.
8.6 If a provision of the contract or of these General Terms and Conditions is or becomes invalid, this does not affect the validity of the contract or of the remaining terms of these General Terms and Conditions. Moreover, the ineffective provision should be replaced by a legally effective regulation in the form of a supplementary interpretation of the contract that comes as close as possible to the recognizable economic purpose pursued by the contract parties. The same applies to
the rectification of possible omissions in the contract as well as in the case that several provisions are or become invalid.
8.7 If the client is a businessman, a legal entity under public law or special fund under public law (§ 38 para. 1 Code of Civil Procedure) or if the customer has no place of general jurisdiction in Germany (§ 38 para. 2 Code of Civil Procedure), the sole place of jurisdiction for all disputes in connection with or arising from the contract or these General Terms and Conditions is vwd GmbH's headquarters. However, L+P and vwd GmbH reserve the right to bring an action against the client at the client's residence or headquarters as well.
8.8 Regarding vwd GmbH's suppliers of the financial information, the following is stated for the record:
a. The suppliers of the financial information assume no guarantee and no liability for the correctness of the content, completeness and topicality of the data and information delivered or made available by them, and by providing and/or delivering the data and information, they do not engage in investment advisory services, nor investment recommendations or similar services.
b. Additional provisions for Dow Jones:
- Dow Jones makes every effort to keep the Dow Jones content continuously available, but cannot guarantee the availability of the Dow Jones content at all times. This applies in particular for information and data that Dow Jones obtains from third parties. Dow Jones points out the fact that it has no influence on data traffic in the internet or in similar data lines, and therefore cannot be held responsible for these.
- For any liability that Dow Jones may possibly have vis-à-vis the customer, the provisions set out above in clauses 6.1 through 6.6 apply accordingly.
- Any further-reaching exclusions and limitations of liability as may be stipulated by the law remain unaffected by the provisions listed above.
- The provisions contained in clauses 6.1 through 6.6 apply in equal measure to the benefit of the data and information suppliers of Dow Jones, should any damage claims exist vis-a?-vis these suppliers.
c. Additional provisions for Dow Jones indices:
Furthermore, the customer consents - and this is a requirement for the (continued) receipt of the index data generated on the part of Dow Jones & Company Inc., or on the part of their associated companies or parties authorized by them - that he will not develop, create, distribute or manage or sponsor any financial instruments or investment products via his potentially existing stock exchange facilities, and also will not allow them to be traded (including but not limited to derivatives, structured products, investment funds, index funds traded on the stock exchange, or derivatives based on index funds traded on the stock exchange (e.g. options on index funds traded on the stock exchange or futures contracts on index funds traded on the stock exchange)) for which the price, the income and/or the development of these instruments or products, based on any index published by Dow Jones, or based on a financial security or investment product associated with a Dow Jones index or with an index created on behalf of Dow Jones (e.g. an index fund traded on the stock exchange), is established, is associated with these indices or is intended to emulate these. The above applies insofar as no separate written contract has been concluded with Dow Jones for this purpose.