Common use of Access Data Clause in Contracts

Access Data. (1) The Licensor shall provide the Licensee with the access data once the software agreement has been concluded. (2) The Licensee shall keep the access data secret and provide access exclusively to those employees who are authorised to use it. The Licensee must report any misuse or loss of access data. The Licensor is entitled to immediately block the access data and will provide the Licensee with corresponding new access data. (3) For each individual case in which the Licensee discloses its access data to third parties or otherwise enables third parties to use the software, the Licensor shall be entitled to claim liquidated damages from the Licensee in the amount of the fee for one year for one user. The damages shall be set higher or lower if the Licensor proves higher damages or the Licensee proves that lower damages or no damages at all have been incurred. In the event that further damages are claimed, including against the third party, the liquidated damages shall be credited. (4) In the event of unauthorised use or transfer of use to third parties, the Licensee shall, upon request, provide the Licensor with all necessary details about the third party that are known to the Licensee to enable the Licensor to make any claims for compensation, in particular name, address and date and scope of the use