5 Use and license
5.1 Once the client has fulfilled all his obligations under the agreement with the contractor, he will acquire an exclusive license
to use the design solely for purposes of publication and reproduction as such purposes were agreed when the work
was commissioned. If no such specific purposes have been agreed, the license will be limited to that manner
of use of the design on which firm intentions existed on the date when the work was commissioned. Such intentions must
have been verifiably stated to the contractor prior to the conclusion of the agreement.
5.2 Without prior written approval from the contractor, the client will not be entitled to any use of the design that is broader
or different from the use agreed. In the event of broader or different use on which no agreement was reached, including any
amendment, mutilation or infringement on the provisional or final design, the designer will be entitled to compensation
due to infringement of his/her rights of at least three times the agreed fee, or a fee that is reasonably and fairly proportional to
the infringement committed, without prejudice to the designer’s right to claim reimbursement of the damage actually incurred.
5.3 The client will not (or no longer) be permitted to use the results made available and any license granted to the client
in the context of the work commissioned will lapse:
a. from the moment that the client fails to fulfil his payment or other obligations under the agreement or to do so in full,
or is otherwise in default, unless the default is insignificant by reference to the overall scope of the work;
b. if the work commissioned is terminated early for any reason whatsoever, unless the consequences are contrary to
the principles of reasonableness and fairness.
5.4 The contractor may use the design at his discretion for his own publicity or promotional purposes, with due observance
of the client’s interests.