Terms of Use

1. Subject of Terms of Use

The following provisions define the terms for using the Brand & Design platform. This platform is available online atwww.brand-design.telekom.com. It is operated by

Deutsche Telekom AG
(referred to below as “Deutsche Telekom”)
Friedrich-Ebert-Allee 140
53113 Bonn, Germany
entered under HRB 6794 in the commercial register of Bonn District Court

and made available by this same company.

The platform includes

(i) designs and relevant guidelines of Deutsche Telekom and associated companies in the sense of §§ 15 ff. of the German Stock Corporation Act (Deutsches Aktiengesetz – AktG) (referred to below as “the Deutsche Telekom Group”) that are provided for restricted use via the platform and

(ii) reproduction of the brands and company symbols of the Deutsche Telekom Group and design guidelines for using these brands and company symbols

The information and other data are offered in the form of text, image, graphic, audio, video, animation and demonstration files, and also as code and programs (referred to below both individually and jointly as “Content”). The platform shall only be available to registered, authorized users.

Should these terms of use contain provisions that contradict the provisions of user contracts as referred to in Section 2, the provisions of these contracts shall take precedence.

2. Registration

Following registration, users shall be permitted by Deutsche Telekom to use the Brand & Design platform. There shall be no automatic entitlement to registration.

Users are employees of the Deutsche Telekom Group and contractual partners of the Deutsche Telekom Group who are entitled to use Deutsche Telekom brands on the basis of some other contract. A further user group comprises representatives of the Deutsche Telekom Group who acquire the necessary rights to complete their work via the platform.

Neither use of the Content provided on the platform nor registration shall replace the approval and acceptance processes agreed between users and Deutsche Telekom Group companies.

The right to use the platform shall be restricted to the purpose of the contractual relationship with the Deutsche Telekom Group.

The right to use the platform shall be issued for a limited period and may be withdrawn at any time without stating the reasons. Even after withdrawing permission to use the platform, Deutsche Telekom expressly reserves the right to exercise further rights (including injunction and compensation).

3. Rights of use

The platform Content is the property of the Deutsche Telekom Group or the Deutsche Telekom Group has a right of use to the Content. All Content is available for use on a restricted basis. The type and scope of the right of use are defined (1) by the contractual relationship existing with the Deutsche Telekom Group, (2) by these terms of use and (3) by the specifications relating to use of the specific platform Content.

Unless otherwise expressly stated, the sole purpose of the Content shall be to provide the user with information. The right to duplicate the Content by means of a download shall be restricted to this purpose. In particular, no sublicensing right shall be granted.

3.1 Purpose
The Content made available by Deutsche Telekom shall be solely for exercising/supporting an activity for the Deutsche Telekom Group.

Content made available for use via the platform must not be modified. Changes require prior written approval by the Deutsche Telekom Group. All platform Content may be removed, replaced or modified at any time. Users shall be obliged always to note and apply the current platform Content and to use the latest version. If specific Content is subject to a right of use for a restricted period, users must ensure that usage stops at the end of this period.

3.2 Assignment of usage
All Content to which a right of use is granted via the platform shall be deemed to represent Deutsche Telekom Group usage. If not already contractually defined, use of Deutsche Telekom brands in particular shall be deemed to represent Deutsche Telekom usage. This shall also apply to rights that arise based on use of the Content. Such rights shall also be transferred to the Deutsche Telekom Group under these terms of use. The Deutsche Telekom Group hereby also accepts such transfer under these terms.

3.3 Disclosure of Content
By way of an exception to the provisions in Section 5 of this agreement, users may make third parties aware of Content if they are permitted to involve third parties on the basis of the contract with the Deutsche Telekom Group and such involvement is necessary to complete their work.

4. Liability

The Deutsche Telekom Group shall provide no guarantee, accept no liability and offer no indemnity for losses resulting from use of the platform Content. In particular, the Deutsche Telekom Group shall accept no liability for the continued existence and the usability of the Content. This shall also apply to editing the Content and all other pages to which this platform contains links and may refer, directly or indirectly.

Users shall be obliged to notify Deutsche Telekom immediately if they become aware of third-party rights or rights are exercised against them. The Deutsche Telekom Group shall be entitled to take action as it sees fit against such rights being exercised. This shall include determining the legal representatives and the details of the legal defense. Users shall irrevocably provide the Deutsche Telekom Group with the necessary rights for this purpose. If the defense must be in the name of the relevant user, it must follow the Deutsche Telekom Group’s instructions. Users shall offer any support required in connection with the defense that the Deutsche Telekom Group may reasonably request. In particular, they shall provide all necessary documentation and make all necessary statements.

The Deutsche Telekom Group shall only assume the costs of the legal defense if third parties exercise rights despite contractually correct usage by the user. In all other cases, the relevant user shall bear the costs. Users shall not be entitled to enter into settlements or other agreements without obtaining Deutsche Telekom’s prior written approval.

5. Confidentiality

The platform Content is intended for users only and such users must not make this Content known to any third party. Users shall be obliged to treat all information relating to the Brand & Design platform (referred to below as “Confidential Information”) as strictly confidential.

Users shall take all necessary measures to prevent third parties from obtaining Confidential Information.

All Confidential Information and Content shall only be made available as far as is contractually required and must always be destroyed if the contractual purpose no longer exists.

If users obtain Confidential Information electronically and have saved this Confidential Information as part of a backup program or in some other way that makes destruction impossible, these users shall not be permitted to continue using this Confidential Information and integrate it into their own information.

6. Modifications to Terms of Use

Deutsche Telekom shall be free to modify the terms of use at any time and to any extent whatsoever. Users must be notified of all modifications to the terms of use in writing or in text form, including fax or e-mail. Modifications shall be binding for users from the time they receive such notification. The provisions of Section 3.1 of this agreement shall apply accordingly.

7. General Provisions

7.1 Place of jurisdiction
In the event of disputes resulting from or relating to these terms of use, Bonn Regional Court shall have sole responsibility and the place of jurisdiction shall be Bonn Regional Court.

7.2 Applicable law
This agreement shall be subject to German law and shall be interpreted and take effect in line with German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the standards referring to other legislation.

Deutsche Telekom AG – January 2016