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1 Scope
Any use of this web site provided by Danet and/or its affiliates ("Danet"), "Danet Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. In accessing or using the Danet Web Site these Terms of Use are accepted in their then current version.
If the User uses this Danet Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2 Services
This Danet Web Site contains specific information for viewing or downloading.
Danet may stop the operation of the Danet Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Danet cannot accept any liability for the continuous availability of the Danet Web Site.
3 Rights of Use to Information and Documentation
The use of any information and documentation made available on or via this Danet Web Site is subject to these Terms of Use or, in case of updating information or documentation, subject to the applicable license terms previously agreed to with Danet. Separately agreed to license terms shall prevail over these Terms of Use.
Danet grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available to the User on or via the Danet Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Danet in making same available.
Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available.
The information and documentation are protected by copyright laws as well as international copy-right treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the documentation or any copies thereof.
§§ 69a et seq. of the German Copyright Law shall not be affected hereby.
4 Intellectual Property
Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Danet Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Danet.
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5 Duties of the User
In accessing or using the Danet Web Site the User shall not - harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball sys-tem, chain letter, pyramid game or similar activity.
Danet may deny access to the Danet Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
6 Hyperlinks
The Danet Web Site contains hyperlinks to web pages of third parties. As Danet does not have influence on the content of those pages, Danet shall not have any liability for the contents of such linked web pages. Linked pages were checked for unlawful content when linked. No unlawful content was identified. A periodical proof for unlawful content is unreasonable without any clue. As soon as Danet gets information on unlawful content Danet will drop those links from its web pages.
7 Liability for defects of title or quality
Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.
The information on the Danet Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
8 Other Liability, Viruses
The liability of Danet for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of Danet is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.
Although Danet makes every endeavour to keep the Danet Web Site free from viruses, Danet cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
§§ 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
9 Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Danet Web Site, Danet shall comply with applicable laws on data privacy protection and the Danet Web Site Data Protection Privacy Policy.
Nevertheless User shall be aware that data transfer via Internet may be insecure and that there is no guaranty for integrity and privacy of data.
10 Supplementary Agreements, Place of Jurisdiction, Applicable Law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Darmstadt if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
The individual pages of the Danet Web Site are operated and administered by Danet and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Danet makes no representation that information and/or documentation on the Danet Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Danet Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws.
These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
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