Terms and Conditions

Intellectual property rights: Patents (whether applied for or granted), utility models, semiconductor product topographies, supplementary protection certificates and plant variety rights; designs and Community designs, as well as copyright and related rights.

Know-how: The body of non-patented practical knowledge and data acquired through experience and experimentation, which is secret, that is to say, not generally known and not readily accessible; essential, that is to say, relevant and useful to the subject matter of the contract; and identified, that is to say, described in sufficient detail to enable verification of whether they fulfil the criteria of ‘secret’ and ‘essential’. 

These are services provided by the contractor within the framework of third-party-funded research in accordance with Section 47 of the Saxon Higher Education Act (SächsHSG). The contractor is entitled to incorporate the findings obtained in this way into the tasks it is to carry out in the fields of teaching and research.

(1) Either party may propose amendments during the term of the contract should new scientific or technical findings or funding requirements arise.

(2) Amendments to the scope of the contract, the research plan or the work packages require the written consent of both parties. Amendments may only be made by mutual agreement.

(1) The Contractor shall commence the research work immediately upon the Contract coming into force.

(2) The Client shall provide the Contractor, free of charge, with the documents and information necessary for the performance of the relevant contract.

(1) The funds shall be used in accordance with the purpose of the contract, and the specific details of their use shall be left to the discretion of the project manager. The funds form part of the university’s income from third-party contracts and shall be managed in accordance with the university’s applicable budgetary regulations.

(2) Expenditure on exceptional costs may be met from these funds.

(3) Where objectively justified additional costs arise, a higher fee may be charged retrospectively by mutual agreement. Any adjustment shall only be made following prior written agreement. 

(4) Remuneration is calculated on a full-cost basis. Each quotation/contract is based on an internal cost calculation using the cost-separation method. 

(1) The Contractor undertakes to treat the subject matter of the contract, the results of the work and any internal information requiring confidentiality as confidential for the duration of the collaboration and for a further period of two years thereafter.

(2) Information requiring confidentiality must be marked as such.

(3) This obligation under paragraph 1 shall not apply to information which can be shown to: is generally known through publications or similar means; or has become part of the public domain through no fault of the receiving partner; or has been disclosed by a third party without any obligation of confidentiality on the part of either partner; or was already known to the receiving partner prior to disclosure by another partner; or is the result of work carried out by employees of the receiving partner, without the employees in question having had access to the information; may be disclosed or made public on the basis of written consent from the disclosing partner; or must be disclosed by the receiving partner to a government authority pursuant to an order by a court of law. The Partner subject to the obligation shall inform the other Partners without delay of the request for disclosure, insofar as this is legally possible. The burden of proof regarding the existence of the aforementioned exception lies with the receiving Partner in each case.

(1) The results arising in the course of the contract (hereinafter referred to as ‘work results’) shall be available for use by the client, unless otherwise provided for below.

(2) Any industrial property rights arising during the performance of the contract must be notified to both the Client and the Contractor. All other matters relating to this require a separate agreement based on the Employees’ Inventions Act.

(3) The Contractor acknowledges the Client’s fundamental interest in scientific publication. Prior to the publication of research results which are essentially based on scientific findings arising from the performance of this contract, the Contractor must obtain the Client’s consent. Consent may only be refused on compelling grounds. The Client grants the Contractor a non-exclusive, royalty-free right of use, unlimited in time and geographical scope, to utilise the research results in research and teaching. This right of use includes, in particular, the reproduction, distribution, public performance and making available to the public in all known forms of use, including the right to adapt and further develop the results. 

(4) Publications shall, in consultation with the Client, generally be produced in accordance with the usual conventions regarding authorship. 

(5) The Client is granted the right to use the Mittweida University of Applied Sciences logo subject to the following conditions:

• The use of the logo must be related to the activities of Mittweida University of Applied Sciences (e.g. listing as a cooperation partner on the company’s website)

• no damage to the reputation of Mittweida University of Applied Sciences is to be expected and no predominantly commercial purposes are pursued

• Mittweida University of Applied Sciences may use the client’s logo under the same conditions

• an informal notification from a partner revoking authorisation is sufficient

• the use of the logo is not transferred to third parties without the prior consent of Mittweida University of Applied Sciences

The contracting parties undertake to comply with the applicable data protection regulations insofar as personal data is processed in the course of the tasks arising from the subject matter of the contract.

(1) The Contractor shall ensure that the research and contract work is carried out in accordance with the current state of science and technology. No guarantee is given as to the commercial viability of the results. Nor is it guaranteed that the research results are free from third-party intellectual property rights. The Contractor undertakes to notify the Client of any such rights as soon as they become aware of them. 

(2) The Contractor shall be liable in accordance with the statutory provisions for wilful misconduct and gross negligence.

(3) In cases of simple negligence, the Contractor shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation). In such cases, liability shall be limited to foreseeable damage typical of the contract and shall not exceed the amount of the agreed total remuneration. Liability for damage resulting from injury to life, limb or health remains unaffected. Liability for consequential damage, in particular loss of profit, shall only apply in cases of wilful misconduct or gross negligence.

(1) Either party may only terminate this agreement for good cause. Notice of termination must be given in writing (by registered post). The parties shall endeavour to resolve any differences of opinion through negotiation beforehand. In the event of termination, the contractor is obliged to deliver the results achieved by the date of termination. The client is obliged to assume any obligations towards suppliers that the contractor has already entered into by the date of termination.

(2) The right to ordinary termination remains unaffected. Termination is possible subject to four weeks’ notice to the end of the month.

(1) Any terms and conditions of the client that differ from these shall only apply if they have been expressly accepted in writing.

(2) The agreement may be validly concluded by any form of signature, including, but not limited to, electronic signatures and scanned signatures. 

(3) Amendments and additions to this agreement must be made in writing (e.g. by email), unless a more stringent form is required by law.

(4) This agreement shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the conflict-of-laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be the court with jurisdiction over Mittweida.

(5) The invalidity of any provision shall not render the entire agreement invalid. The invalid provision shall be replaced by the relevant statutory provision.

As at: November 2026