General rental conditions

Index

Article 1 - Applicability
Article 2 - Offers
Article 3 - Assignments/Agreements
Article 4 - Liability
Article 5 - Delivery time and place of delivery
Article 6 - transport and transport risk
Article 7 - Prices and costs
Article 8 - Payment conditions
Article 9 - Complaints
Article 10 - Cancellation/Dissolution and suspension
Article 11 - Compensation for late or non-payment
Article 12 - Retention of title
Article 13 - Force majeure
Article 14 - Intellectual industrial property rights, image rights and design protection
Article 15 - Privacy, confidentiality, security and non-acquisition
Article 16 - Warranties
Article 17 - Trial and/or sight consignments
Article 18 - Applicable law and competent courts

Article 1 - Applicability

In these terms and conditions, the following definitions apply:

1. These terms and conditions apply to all offers, selling and renting of goods, both tangible and non-material in nature, Services and deliveries, as well as purchasing goods, which are hereinafter referred to as 'asset(s)', by Unbound VR. Hereinafter referred to as Unbound VR and/or the (subsidiary) companies associated with it as described in Book 2 of the Civil Code art. 24 to 24 b, made to third parties, to all work performed by Unbound VR on behalf of the other party, as well as to all agreements in the broadest sense of the word entered into by Unbound VR with third parties.
2. The 'counterparty' referred to herein in these terms and conditions should be understood to mean the buyer, lessee, client, user, as well as the seller of "Assets" as described in appendix 8.
   The 'counterparty' referred to herein in these terms and conditions should be understood to mean the buyer, lessee, client, user, as well as the seller of "Assets" as described in appendix 8.
3. • Unbound VR has several business activities in the fields of automation and communication technology. The nature of the various activities implies that these general terms and conditions are composed of a common part and a special part, being the appendices.
   • In the appendices, provisions are added for various activities with relating to a number of articles in these terms and conditions. Insofar as these additional provisions deviate from what is included in the joint section, the deviating provisions in the relevant appendix shall prevail.
   • A number of provisions in the appendices contain specifica- tions with regard to what is determined in the common part in general. These specializations should be read as examples, but not limited thereto, which do not hinder the additional effect of what is stated in the common part by Unbound VR. Nor do they limit the rights of Unbound VR where they are not described in these terms.
4. These conditions apply both inside and outside the Netherlands, irrespective of the domicile or domicile of the parties involved in any agreement, regardless of the place where the agreement was concluded, or should have been implemented.
5. Due to the applicability of these general terms and conditions, the applicability of the general terms and conditions used and/or introduced at any time by the other party in the field of purchase and/or otherwise are excluded in all agreements concluded and to be concluded between the other party and Unbound VR .
6. Any deviations from these conditions in offers, assignments/agreements, applied/permitted by Unbound VR at any time never give the other party the right to invoke it later or to claim the application of such a deviation as is established for him/her.
7. If the other party takes cognizance of these general terms and conditions in a language other than the Dutch language and there are differences of interpretation indicated by the text, the Dutch version prevails over the foreign language, unless Unbound VR expressly waives this in writing.

Article 2 - Offers

1. All offers, quotations and preliminary calculations of Unbound VR are entirely without obligation, unless expressly stated otherwise in writing. They were done by Unbound VR to the best of their knowledge and based on any information provided with the application.
2. The by Unbound VR in images, web sites, multimedia, catalogues, leaflets, drawings or specifications provided in any other way regarding size, capacity, performance, colour, material structure, finish or results, must be deemed to have been provided approximately and without obligation.
3. Unbound VR is not bound by this statement referred to under 2.1 and 2.2 and therefore accepts no liability for any inaccuracies in this information.
4. All offers from the other party are final, unless expressly agreed otherwise in writing.
5. Unbound VR reserves the right to refuse offers and orders from the other party without giving reasons, to only deliver them cash on delivery, or to require payment in advance.

Article 3 - Assignments/Agreements

1. Under assignment is understood: any match with Unbound VR, irrespective of whether the latter undertakes to carry out work, or staff, to provide material or space, or any other performance whatsoever, all this in the broadest sense of the word.
2. • All with Unbound VR agreements only become binding after written confirmation by Unbound VR, or because Unbound VR with the execution of the assignment has started.
   • Any additions or changes to the above agreements are binding on Unbound VR only after and insofar as they have been accepted by Unbound VR and confirmed in writing.
   • The other party is deemed to have accepted changes or additions to with Unbound VR agreements, if the other party does not within 8 days, after he has taken cognizance of the change/addition or could have taken note of it, has protested in writing against this change(s) and/or addition(s).
   • The other party is deemed to have knowledge of the said amendment/addition at the time that Unbound VR with commences the work to which the amendment/addition relates.
   • Only the management and possibly he/she who has been expressly authorized to do so by the management can and may conclude agreements on behalf of Unbound VR.
3. Unless expressly agreed otherwise in writing, Unbound VR has the right at all times to have the assignment performed in whole or in part by third parties, whereby these conditions also work for the benefit of these third parties, provided, incidentally, that Unbound VR them, if necessary afterwards, authorizes in writing to invoke these terms and conditions without this authorization giving rise to any obligations towards Unbound VR.
4. Unbound VR is entitled to alienate and/or encumber the with other party's agreements without requiring the other party's permission. Such action is not permitted to the other party.
5. Where Unbound VR with the other party agrees to provide a service to him, this service is a best efforts obligation.
6. Unbound VR is free to choose by whom it has the with other party perform the agreed service. It is also free to choose to replace this person or persons and/or third party at will, unless expressly agreed otherwise in writing.
7. In the event that Unbound VR supplies and/or makes available equipment and/or software to the other party as part of an agreement, to which licenses granted to it by third parties apply, the other party is subject to all provisions of those licenses and indemnifies Unbound VR against all consequences of use of that equipment and/or software contrary to with the provisions of those licenses.
8. In the event that Unbound VR supplies and/or makes available applications on equipment and/or software to the other party as part of an agreement for and/or by Unbound VR, or of which the other party otherwise becomes aware, they may not be used by and/or on behalf of the other party other than for the purpose for which the equipment and/or software was supplied and/or made available to it. These applications may not be reproduced or distributed in any way by the other party other than with prior written permission from Unbound VR.

Article 4 - Liability

1. Unbound VR is, subject to the provisions of Article 9 of these terms and conditions, not liable for any damage, either directly and/or indirectly, is the result of not answering the goods delivered by it and/or on its behalf and/or Services, with including additional work, to the agreement, unless this is due to its intent or gross negligence. Therefore Unbound VR is also in no way liable towards the other party, in the event of default by its suppliers and it is also not liable in the event of serious calamities, as in fire, water damage and external disasters, for example, wars and earthquakes.
2. Insofar as the other party, or the third party engaged by him on the basis of cooperation and/or the provision of assistance is involved in the execution of the transaction between Unbound VR and the other party, Unbound VR is in no way and in no way liable for all damage caused on the part of the other party and/or its engaged third party; Not even towards the underlying client of the other party.
3. If Unbound VR should be liable for damages for any other reason with regard to the agreement, the compensation owed by it will always be limited to a maximum of the invoice amount (excluding turnover tax) with regard to the goods concerned and/or Services, such with a maximum of Euro 11,500.00 (in words; eleven thousand and five hundred Euro).
4. An appeal to these conditions does not suspend the payment obligation of the other party towards Unbound VR.
5. A condition for handling a request for compensation for assessment is that the other party must notify the occurrence of damage immediately and without delay in writing, registered letter and in sufficient detail to Unbound VR. Any claim for compensation from the other party against Unbound VR lapses by the mere lapse of six (6) months after the damage occurred, or after it could have been discovered in a reasonable manner.

Article 5 - Delivery time and place of delivery

1. The in the offers, confirmations and contracts the stated delivery time and/or delivery term of the goods to be delivered by and/or on behalf of Unbound VR and/or Services is a rough indication of the target moment for delivery/realization and/or completion. Unbound VR strives to observe this as much as possible, but it is not binding on it.
2. • Exceedance, whether or not amply, of the delivery time and/or delivery period, by Unbound VR whatever cause, never entitles the other party to compensation, dissolution of the agreement or non-fulfilment of any obligation that arises for him from the relevant agreement or from any other, whether or not with related to this Agreement, agreement might arise.
   • In the event of excessive exceeding of the delivery time and/or delivery term, however at the discretion of Unbound VR, Unbound VR will enter into further consultations with with other party.
3. • Delivery by and/or on behalf of Unbound VR takes place ex the company of Unbound VR or another place to be determined by Unbound VR. This also applies when non-material products are involved, such as, but not limited to, digital communication.
     Unbound VR is entitled, when transferring the goods to be delivered by it to and/or on behalf of the other party, to submit a valid proof of identity from the recipient, being the other party or the third party engaged by it, to desire. Unbound VR is also entitled to make and archive a copy thereof for its administration.
   • All deliveries by the other party, on the other hand, are made carriage paid to the company of Unbound VR and/or another place to be determined by Unbound VR.
4. • If the goods offered by Unbound VR upon delivery or Services, after being offered to the other party, are not accepted by them, then the other party is automatically in default and the offered goods and/or Services are available to the other party for 8 days at the expense and risk. After said period Unbound VR, to compensate for the damage suffered and yet to be suffered, the right to claim the total amount that the other party would owe in respect of the disputed transaction in the event of timely performance, plus with to recover all costs and overdue interest caused by the other party as a result from the other party, without this requiring any further notice of default and/or the obligation to deliver the goods at issue.
   • Regardless of whether Unbound VR exercises its aforementioned right to compensation for damage suffered and/or to be suffered, it has, only through the expiry of the aforementioned availability period of 8 days, the right to freely dispose of and dispose of the disputed goods.
5. The other party must ensure that the space to be used by or on its behalf for the with Unbound VR agreed services is adequately equipped to ensure a smooth delivery and/or installation by Unbound VR make it possible. If the aforementioned circumstances do not apply, in whole or in part, then Unbound VR is entitled to apply the provisions of art. 10 of the common part, or the other party to charge the costs of the delay and/or the adjustments to be made.

Article 6 - transport and transport risk

1. The mode of transport and the choice of the means of transport is up to Unbound VR.
2. • The transport of the goods ordered, repaired and/or maintained from Unbound VR shall be at the expense and risk of the other party, unless expressly agreed otherwise in writing.
   • The transport of goods from the other party to Unbound VR, also in the case of Assets purchases as described in Appendix 8, is also at the expense and risk of the other party, unless expressly agreed otherwise in writing.
   • Even when Unbound VR has arranged the transport and the costs of the transport are advanced and/or borne by Unbound VR, the other party is liable for all damage suffered during transport. .
3. The other party will ensure proper Accessibility of the object where the goods/services are to be delivered and/or collected by and/or on behalf of Unbound VR. If, in the opinion of Unbound VR, the object is not easily accessible, Unbound VR cannot be obliged in any way by and/or on behalf of the other party to deliver the goods.
   However, if Unbound VR still cooperates in the delivery of the goods, Unbound VR is entitled to charge the other party for the additional costs it must incur.
4. • The goods to be delivered to the other party are only delivered on the ground floor. The goods to be collected from the other party by Unbound VR must be readily accessible on the ground floor at the time of collection.
   • If goods have to be delivered or collected other than on the ground floor, Unbound VR can in no way be obliged to do so by and/or on behalf of the other party. If Unbound VR cooperates in delivering or collecting other than on the ground floor, then it is entitled to charge the associated additional costs to the other party and the risks are also entirely at the expense of the other party.
   • If the other party is not present at the time of delivery or collection and/or is unable to receive the goods, or to make available or otherwise fails to do so, then Unbound VR has the right to convert the delivery into a collection obligation, or the other party's obligation to deliver to the address specified by the carrier or Unbound VR. This after the other party has notified the other party of this by leaving a written notice. The additional costs associated with this are entirely at the expense of the other party.
5. • On arrival/receipt of the goods, the other party must satisfy itself of the condition of the goods. If it then appears that damage has been caused to goods or material, he must take all measures to obtain compensation from the carrier.
   • By signing the receipt without protest note, provided by or on behalf of Unbound VR/carrier, the other party declares that it has received the goods in good condition.
   • If the other party takes receipt of the goods, but fails to sign the receipt issued by or on behalf of Unbound VR/carrier, the other party hereby declares to have received the goods in good condition.
6. If Unbound VR allows the other party to grant the goods delivered by Unbound VR and/or on its behalf, in whole or in part, to it and/or to its supplier Return, then this is only allowed on the basis of the "RMA and conditions", unless expressly agreed otherwise in writing. Unbound VR is entitled to make the content of the "RMA and conditions" procedure known prior to the return, without this hindering the applicability of this provision. In that case, this provision is also not subject to nullification.
7. • If the other party returns goods contrary to with the "RMA and conditions", then Unbound VR has the right to refuse receipt thereof or to accept them after all, without the other party being able to derive any rights from it.
   • Unbound VR has the right to retain the goods in the case of sub 6.7a as additional security, the right to send these goods again at the expense and risk of the other party, the right to offer these goods to the other party for collection, whether or not after payment by the other party of its outstanding claims against him and Unbound VR has the right to sell the returned goods after 4 weeks if the other party has defaulted towards it in any respect, to alienate or to destroy (or have them destroyed).

Article 7 - Prices and costs

1. • Unbound VR sets a separate price or rate in Euros for each order, unless expressly agreed otherwise in writing.
   • This price or rate is solely intended as the amount to be paid for the performance to be provided by Unbound VR, with including the normal associated costs.
   • The prices stated in the offer are based on the then known cost price factors, exchange rates, wages, taxes, duties, charges, freight, etc. In the event of an increase in one of these factors, Unbound VR is entitled to change the offered (sales) price accordingly. Unbound VR is also entitled to adjust the price for current agreements at any time, such at its discretion with an inflation adjustment according to the Dutch or European consumer price index CPI.
2. The price or rate therefore does not include levies from the government and/or other authorities, with including fines, insurance premiums, etc.
3. Unbound VR is entitled to advance deposits or deposit or security (in the form of a bank guarantee).
4. Unbound VR reserves the right to charge collection and/or shipping costs.

Article 8 - Payment conditions

1. Unless expressly agreed otherwise in writing, payment of the invoices sent by Unbound VR must be made within 14 days after the invoice date, without deduction of discounts and without any form of compensation.
2. Payment of rental amounts is only made before the start of the rental period, with a maximum payment term of 14 days, unless otherwise agreed.
3. Unbound VR is authorized to claim its due and payable claims, with including additional work, to be settled towards the other party with due and payable debts to the other party, or another entity belonging to the group or organization of the other party. The other party waives any right to settlement of mutually owed amounts.
4. Invoices from the other party and/or on behalf of the other party that Unbound VR receives later than six months after delivery of the products from the other party will not be accepted. The right of the other party to payment lapses when the period stated in this paragraph has expired.
5. Unbound VR is entitled to invoice orders that are executed in parts, also per such parts and to require payment thereof in accordance with the provisions of art. 8.
6. If the other party has given authorization to automatically collect the total amount of the order from its account, this concerns a one-off and irrevocable direct debit order. However, if the collection fails, Unbound VR is entitled to place a new collection order at the expense of the other party.
7. If the creditworthiness of the other party gives cause to do so, Unbound VR has the right to demand further security. As long as that security is not provided by the other party, Unbound VR has the right to suspend the work and/or the delivery, without prejudice to its right to fulfillment and/or compensation.
8. Discounts by Unbound VR can only be granted after mutual consultation between Unbound VR and the other party. Unless otherwise agreed in writing, these discounts are one-off. In subsequent transactions, previous discounts cannot be invoked by and/or on behalf of the other party.

Article 9 - Complaints

1. • any advertisements, both on delivery of goods by Unbound VR, as on the Services issued by it and on its invoice amounts, must be submitted within 5 days of receipt of the respective goods, Services and/or the relevant invoices, submitted in writing and by registered letter to Unbound VR, with a precise statement of the facts to which the complaints relate.
   • Where it is agreed, that the transport risk lies with Unbound VR, the complaints as a result of the transport of the delivered goods must be submitted by and/or on behalf of the other party within 2 working days, with a precise statement of the facts to which the complaints relate. Insofar as the damage is deemed to be visible immediately upon receipt, the damage must also be stated on a waybill/delivery note signed by or on behalf of the other party.
2. Insofar as the submitted complaint involves the return of goods, the "RMA and conditions" of Unbound VR apply, unless expressly agreed otherwise in writing. The "RMA and conditions" can be found in the appendix of the "RMA and conditions" in these conditions. These conditions can also be requested from Unbound VR.
3. The other party's right to complain lapses with regard to goods processed by or on behalf of it.
4. The other party cannot derive any rights from the handling of a complaint and/or the approval of the RMA request by Unbound VR. Complaining does not release the other party from its payment obligations towards Unbound VR.
5. The other party is not only obliged to use, the editing, to immediately cease processing and/or installation of the relevant items and/or Services and to do everything reasonably possible to prevent (further) damage, but also obliged to provide full cooperation to Unbound VR upon first request within a reasonable period of 10 working days in the settlement of the complaint.
6. Complaints from the other party with regard to the stipulations in these terms and conditions as referred to, inter alia, in Article 6:233 sub a of the Dutch Civil Code (nullity with regard to one or more stipulations on the grounds that they are unreasonably onerous) must also be submitted within 5 days of becoming aware of this. of these terms and conditions or the time at which they could reasonably have been known, submitted in writing to Unbound VR by registered letter, stating the facts to which the complaints relate. The other party's right to complain lapses the moment the agreement is concluded. The other party waives later invoking the unreasonably onerous one or more stipulations in these terms and conditions, insofar as any stipulations that may be felt to be unreasonably onerous have not been prescribed by the legislator.
7. If complaints submitted by the other party do not comply with the above, they can no longer be received and the other party is deemed to have approved the delivered and/or performed work. Unbound VR cannot then be held liable in any way and in any form by and/or on behalf of the other party for the alleged advertising and its consequences.
8. Where Unbound VR considers that a legitimate complaint has been made, does she have the right, or an amount of money to be determined by mutual agreement as compensation, in relation to the value of the complaint-worthy delivery, to pay to the other party, either proceed with a new delivery with maintain the existing agreement, or to properly repair the delivered goods, or to dissolve the agreement, this under the obligation of the other party to return to Unbound VR the incorrectly or defectively delivered goods carriage paid; all this at the discretion of Unbound VR.
9. Unbound VR is only obliged to take cognizance of submitted complaints, if the other party concerned fulfills all its existing obligations towards Unbound VR at the time of submitting its complaints, arising from any agreement whatsoever and from which whatsoever consisting, has fully complied.
10. Unbound VR has the right to refuse Returns that are not or insufficiently stamped or packaged. All Returns of the other party are made exclusively under the applicability of the "RMA conditions" (see art. 6.6 and 6.7) and for its account and risk.
11. Unbound VR has the right to charge the other party costs for the extra costs it has incurred with with regard to the handling of complaints submitted incorrectly by it and/or on its behalf.

Article 10 - Cancellation/Dissolution and suspension

1. Unbound VR has the right, if the other party is or remains in default of its obligations with with regard to a, multiple and/or all deliveries made by Unbound VR, work performed and/or for any other reason, comply, to wholly or partially suspend its obligations towards the other party and/or to wholly or partially cancel/dissolve the agreements on which it is based, without being held liable in any way by the other party and without prejudice to the Unbound VR rights.
2. Unbound VR also has this right as mentioned in 10.1, if the other party has; criminal acts affecting the business relationship with Unbound VR as well as the reputation and reputation of Unbound VR, a bankruptcy, suspension of payment, joining the WSNP, other forms of debt counseling, liquidation of business form/business activities, seizure, or one, by the standards of Unbound VR, threat of one or more of these circumstances with including tax arrears. All claims of Unbound VR against the other party are then immediately due and payable by it, without this requiring any further notice of default and/or notice of default.
3. If the other party wishes to dissolve/cancel the agreement(s) concluded by it with Unbound VR, then Unbound VR is entitled to demand compliance with the agreement(s) concluded, or the other party, at the option of Unbound VR, cancellation/dissolution costs of at least 30% of the financial value of the agreement.
4. In the event of cancellation or dissolution of rental and/or subscription agreements, the other party owes at least the remaining installments from the disputed agreement with a minimum of 50% of the original financial value of the agreement.
5. In all cases referred to in art. 10, Unbound VR also has the right to recover from the other party all damage suffered and/or to be suffered in any way and/or on its behalf. .
6. In all cases referred to in Article 10, Unbound VR cannot be held liable in any way by and/or on behalf of the other party for all direct and indirect consequences that are experienced by all acts of Unbound VR entered by this Article.
7. Unbound VR has the right to continue the execution of the with other party's agreement, or to suspend its implementation in whole or in part until after the moment of its approval, insofar as the implementation and/or continuation requires this in its opinion.

Article 11 - Compensation for late or non-payment

1. If payment of the invoices sent by Unbound VR has not taken place within the agreed period from the invoice date, the other party will be deemed to be in default by operation of law.
2. Unbound VR, has the right in the event of late or non-payment to the other party, without further notice, over the entire amount owed by him, from the due date, to charge an interest equal to the statutory overdue interest with a minimum of 1% per month or part thereof. This is without prejudice to the further rights accruing to Unbound VR, including the right to claim all costs related to the collection, both judicial and extrajudicial collection costs, the latter are fixed in advance at 15% of the amount to be recovered, with a minimum of Euro 250.00 (in words; two hundred and fifty Euros) to be charged to the other party.
3. Where the legislator has determined by law the extrajudicial collection costs to be charged on to the other party, the other party owes extrajudicial collection costs pursuant to the provisions therein.

Article 12 - Retention of title

1. As long as an other party has not made full payment to Unbound VR for all goods delivered to it by Unbound VR, components, installations and/or performed work, all delivered goods remain the undisputed property of Unbound VR.
2. The other party is obliged to ensure careful handling of the delivered goods and to insure them against the usual risks and does not have the right to sell and/or resell the delivered goods other than after written permission from Unbound VR, objections, rent, use and/or establish a (silent) pledge on it, as long as the other party has not fully fulfilled its obligations towards Unbound VR.
3. If and as long as Unbound VR is the owner of the delivered, will immediately inform the other party Unbound VR when the delivered goods are seized and/or threatened to be seized, or otherwise a claim is made on (any part of) the delivered goods. In addition, the other party will inform Unbound VR (in that case) where the delivered goods, of which Unbound VR is the owner, are located. In the event of attachment or (provisional) suspension of payment, the other party will immediately inform the attaching bailiff or administrator of the (ownership) rights of Unbound VR. The other party guarantees that an attachment on the goods will be lifted immediately.
4. If the other party does not fulfill any obligation under the agreement with with regard to the goods sold and/or work performed, Unbound VR is entitled to take back the goods or materials without further notice of default, in which case the agreement will be dissolved without judicial intervention, without prejudice to the right of Unbound VR, if necessary, to claim compensation in or out of court for any damage suffered or to be suffered by Unbound VR, including: loss, lost profit, interest, transport costs etc.
5. When taking back goods subject to retention of title that possess Information bearing properties, Unbound VR cannot be held liable in any way by and/or on behalf of the other party for the loss of the Information] present thereon, software, software and the like. Nor is it obliged to store and/or keep this Information. Unbound VR has the right to, without being held liable in any way towards the other party or on the part of the other party, at any time she wishes, to remove and/or destroy all or part of the Information present thereon.
6. Unbound VR reserves the right to exchange goods, tools, materials, cars, to apply, securities, (financial) documents, received or realized data, documents, software, data files etc., which they receive from the other party under whatever title, under him, to actually keep until the other party has fully complied with its financial and other obligations towards Unbound VR.
7. For transactions with a counterparty established in a country where an extended retention of title applies Unbound VR has the right to declare the extended retention of title applicable there applicable at any time desirable for it, without having to notify the other party in advance.

Article 13 - Force majeure

1. Force majeure releases Unbound VR from its obligations towards the other party. The following are regarded as force majeure factors: such events and conditions that exert a clearly identifiable and direct effect on the business Unbound VR, such as but not limited to: serious disruptions in its production process, war (also outside the Netherlands), riot, epidemic, fire, traffic disruptions, strike, exclusion, loss or damage to transport, accident or illness of its staff, import restrictions or other governmental restrictions, etc.. Unbound VR is released from its obligations regardless of whether the force majeure has occurred in its own company or elsewhere, such as in companies of suppliers, transporters, wholesalers, etc.
2. In the event of impediment to the execution of the agreement as a result of force majeure, Unbound VR is entitled, without judicial intervention, either to suspend the execution of the agreement for a maximum of six months and/or to dissolve the agreement in whole or in part, at the discretion of Unbound VR, without Unbound VR being held liable in any way by or on behalf of the other party. The other party will be notified in writing of the decision taken by Unbound VR.

Article 14 - Intellectual industrial property rights, image rights and design protection

1. The intellectual and industrial property rights, image rights and design protection of all by Unbound VR with including the products manufactured for the benefit of the other party and Services etc. belong to Unbound VR. Use or alternative use of these rights, designs and/or ideas, wholly/or partly, of Unbound VR is strictly prohibited, unless Unbound VR has given express written permission to do so and to all Unbound VR, conditions laid down in this regard have been fully met.
2. Transfer of an intellectual property right by Unbound VR to the other party can only take place explicitly and in writing.
3. If the parties agree in writing that an intellectual property right with regard to software specifically developed for the other party, web sites, data files, equipment or other materials, will be transferred to the other party, does this not affect Unbound VR's right or ability to use the underlying, components, general principles, ideas, to design, algorithms, documentation, to work, programming languages etc. to use and/or exploit it for any other purpose, whether for itself or for third parties. Nor does this affect the right of Unbound VR to make developments for itself or a third party that are similar or derived from those that have been or are being made for the other party.
4. All intellectual property rights under the software developed under the agreement or made available to the other party, web sites, data files, equipment or other materials such as analyses, to design, documentation, reports, quotes, as well as preparatory material thereof, rest solely with Unbound VR, its licensor or its supplier. The other party acquires the user rights that are expressly granted by these general terms and conditions, the written agreement concluded between the parties and by law. A right of use accruing to the other party is non-exclusive, non-transferable, non-pledgeable and non-sublicensable.
5. The other party will not provide any indication(s) regarding the confidential nature or regarding copyrights, trademarks, trade names or any other intellectual property right from the software, website, data files, equipment or materials to be removed or changed (or have this changed).
6. The other party guarantees that no rights of third parties preclude making available to the supplier of equipment, software, material for web sites, data files and/or designs, with the purpose of use, maintenance, editing, installation or integration. The other party indemnifies Unbound VR against any claim by a third party based on the claim that making it available in such a way, usage, maintenance, edit, installation or integration infringes any right of that third party.
7. Unbound VR is never obliged to perform data conversion, unless the other party has expressly agreed to this in writing with.
8. If the other party does not comply with the provisions of 14.1 to 14.7 above, makes Unbound VR without further notice of default and/or judicial intervention, entitlement to a fine of at least Euro 11,500.00 (in words; eleven thousand and five hundred Euros) per day, or part thereof, that the violation continues. The foregoing is without prejudice to all other rights, such as the right to recover damages from the other party and/or the third party related to it.

Article 15 - Privacy, confidentiality, security and non-acquisition

1. The other party grants Unbound VR the authority to collect any personal data provided, to use, store and transfer it for the purpose of fulfilling its obligations under the law or agreement and indemnifies Unbound VR against claims from persons whose personal data are registered or are processed in a personal registration for which the other party is based on the law or otherwise responsible.
2. The responsibility for the data processed by with using a service provided by Unbound VR lies solely with the other party. In the course of its normal business activities, Unbound VR may transfer this data to other affiliated entities or to other relevant business partners who may then have access to this data. The other party guarantees that the content, use and/or processing of the data concerned is not unlawful and does not infringe any right of a third party. The other party indemnifies Unbound VR against any legal claim and/or fine from third parties in connection with with this data or the implementation of the agreement.
3. Unbound VR is entitled to assign the other party access or identification codes and to change the assigned access or identification codes. The other party will treat the access and identification codes confidentially and with with care. Unbound VR is never liable for damage or costs resulting from use or misuse of access or identification codes, unless the abuse has been possible as a direct result of intent or gross negligence on the part of Unbound VR senior staff.
4. If Unbound VR is obliged under the agreement to provide some form of information security, Unbound VR never guarantees that the information security is effective under all circumstances. Unbound VR cannot be held liable in any way by and/or on behalf of the other party if the information security has turned out to be inadequate.
5. The other party will ensure that all data received from Unbound VR of which it knows or should reasonably know that it is of a confidential nature will remain secret. When the other party receives confidential information, it will only use it for the purpose for which it was provided and secure it in an adequate manner. Information is in any case considered confidential if it has been designated as such by one of the parties.
6. In the event of violation of the provisions of 15.5, the other party is obliged to compensate the resulting damage. In addition, the other party owes an immediately due and payable fine of Euro 25,000.00 (twenty-five thousand Euro) per violation. For each day that the violation continues, the other party forfeits a sum of Euro 5,000.00 (five thousand Euro) to Unbound VR.
7. The other party is not entitled to make attempts during the term of the agreement and/or the business relationship between Unbound VR and the other party and within 1 year thereafter, not even through third parties, to bind the person(s) who performs work on behalf of Unbound VR on behalf of the other party for this and/or more or less similar work without the express written consent of Unbound VR and/or to a affiliated company/institution/entity; not as an employee, not as a self-employed person, and not even when made available by a third party as a seconded person, on pain of of one year's salary, with a minimum of Euro 25,000.00 (twenty-five thousand Euros) plus Euro 5,000.00 (five thousand Euros) per day that the violation continues, which immediately at the time of discovery, without judicial intervention, is due and payable by Unbound VR without this requiring any further notice of default and/or notice of default.
   This is without prejudice to other rights and claims, for example the recovery of damage suffered and yet to be suffered, but not limited to that which Unbound VR can assert against the other party and without prejudice to the rights that Unbound VR can assert against this person.

Article 16 - Warranties

1. Unless otherwise agreed in writing, Unbound VR only grants the guarantee for goods delivered by it that it has received from the manufacturer or supplier (further manufacturer). In those cases, a warranty is provided to the other party in accordance with the provisions of the warranty clause, from the manufacturer, which are also supplied with the products. The other party must contact the manufacturer to invoke such a "Factory Warranty".
2. Insofar as the manufacturer with Unbound VR has agreed to have the warranty (partially) processed via Unbound VR, or Unbound VR with the other party has expressly agreed, that Unbound VR arranges any reliance on Factory Warranty on behalf of the other party with with the manufacturer and that the other party turns to Unbound VR in accordance with the "RMA and conditions", Unbound VR will only act as an intermediary between the other party and the manufacturer. In these cases, the "RMA and Conditions" described in Appendix 9 apply. Unbound VR does not bear any responsibility and/or liability for the duration and/or quality of the Manufacturer's Warranty.
3. If a guarantee is provided to the other party directly from Unbound VR, this can only be the case if this has been expressly agreed in writing by Unbound VR with other party.
   In that case, the warranty conditions as described in appendix 10 apply, unless expressly agreed otherwise in writing, for example, by means of the warranty provisions supplied with the warranty certificate of Unbound VR, the conditions stated in Appendix 10 will then function in addition thereto. In the event of any contradiction, the provisions of the warranty certificate shall prevail.
4. Where there is a Factory warranty and the other party invokes it, then it can only be determined after definitive determination of the nature of the complaint by or on behalf of the warranty provider whether the complaint on the delivered product falls under the applicability of the Manufacturer's Warranty.
5. If the complaint does not fall under the applicability of the Factory warranty and Unbound VR has supplied replacement products to the other party at the request of and/or on the part of the other party or from and/or on the part of the manufacturer prior to the final determination, then Unbound VR has the right, for the duration that the other party has the replacement product in its possession, with including the return transport, to charge the other party for this, which are equal to the rents normally applicable for that product at Unbound VR.

Article 17 - Trial and/or sight consignments

1. Only if Unbound VR has confirmed this in writing to the other party in advance, the goods offered and delivered by or on behalf of Unbound VR can be regarded as trial and/or sight shipment for shows, exhibitions, scholarships and/or for other purposes to be specified by Unbound VR.
   These goods are provided on loan by Unbound VR to the other party, unless expressly agreed otherwise in writing.
2. The other party is obliged to return the goods received by it under the applicability of this article at the first request of Unbound VR, with taking into account the agreement concluded by its with other party in this regard and/or notification by Unbound VR, to Unbound VR to Return. In this case too, the goods must be returned to Unbound VR under the "RMA and conditions" and that the return is at the expense and risk of the other party.
3. If the other party has not returned the goods referred to above in Article 17 within a reasonable period of 10 working days or within the with Unbound VR expressly agreed otherwise in writing, Unbound VR has the right to regard the goods in question as sold to the other party and to invoice this other party at new value.

Article 18 - Applicable law and competent courts

1. Dutch law applies to all offers, assignments and with Unbound VR agreements.
2. All disputes will be subject to the judgment of the absolutely competent court in the District of The Hague or to the judgment of another competent judicial authority, however, at the discretion of Unbound VR.
3. However, Unbound VR is free to at any time invoke the applicable law of the country where the other party is established. In that case, contrary to what is stated here under 18.2, the dispute will be submitted to the absolutely competent court in the jurisdiction of the other party.
4. Unbound VR also has the right to invoke the Vienna Sales Convention at any time it wishes. In that case, the court of the jurisdiction where Unbound VR is located shall have jurisdiction to rule accordingly. Unbound VR is not required to inform the other party about this in advance.
5. If any article or sub. article of these "Terms and Conditions" with conflicts with the law and/or mandatory law and therefore has no effect, or that it is not applied by Unbound VR does not affect the validity of other articles.