8 The Client’s Obligations
The End-user License Agreement applies to all users the Client creates for ProductXchange. Should the Client want to use products or services offered by coBuilder other than what is provided by Productxchange, the Client must enter into an agreement and pay for such use to coBuilder. The Client is solely responsible for acquiring, financing and maintaining the necessary computer equipment and internet access, etc. The Client is responsible for the creation, maintenance and use of data from Productxchange for the Client’s needs.
The Client is solely responsible for providing the necessary training on ProductXchange and its associated services for the Client’s needs. Such training can be organised by coBuilder and billed to the Client as an additional service.
The distribution of product information through ProductXchange is based on what the individual Client or coBuilder with the Client’s authorisation enters as product data in the ProductXchange online service or other coBuilder services. To ensure that the right product information is delivered, it is important that the products contained in the Client’s registered product assortment/product list are uniquely identified. The Client is in any event responsible for guaranteeing the quality of their product assortment/product list and ensuring it contains no misleading or incomplete information, including controlling data recorded by coBuilder with the Client’s authorisation. If the Client uses information contained in the product assortment/product list that others have rights to, the Client undertakes to keep coBuilder from claims directed against coBuilder and correct such a product assortment/product list on request.
The Client is solely responsible for the use and/or distribution of documentation by product owners (manufacturers) who have NOT signed an agreement for delivery and update of Safety Data Sheets, Declarations of Performance, Assembly Instructions and/or other product documentation through products or services offered by coBuilder.
The Client is solely responsible for ensuring all data which the Client or coBuilder with the Client’s authorisation enters into the system is correct, including that such data or data entry does not constitute an infringement of third-party intellectual property rights. This obligation applies to any use of ProductXchange, including the Client’s reception or distribution of data or information belonging to any third party as well as information that is imported to the Client’s account in the ProductXchange Online Service. If the Client has a contractual obligation with third parties that restricts the Client’s right to use such data, the Client is responsible for complying with such agreements. If a third party raises claims against coBuilder due to data or content the Client or coBuilder with the Client’s authorisation has submitted into any coBuilder service, coBuilder can require that the Client acquire the claim with all risks. coBuilder may in any event require that the Client keep coBuilder indemnified for loss coBuilder may inflict by such claims against coBuilder.
If the Client enters personal information in ProductXchange, the Client is responsible for obtaining the consent of the person the information concerns so that the personal data can be used and redistributed by coBuilder and other users of coBuilder’s systems as allowed by the coBuilder systems. If sensitive information is entered, the Client agrees to get the person the information applies to enter such information into the platform themselves.