2.1 The Service Provider offers on the Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2 The Service Provider may stop the operation of the Web Site in full or in part at any time. Due to the nature of the internet and computer systems, the Service Provider cannot accept any liability for the continuous availability of the Web Site.
3. Rights of Use to Information, Software and Documentation
3.2 The Service Provider grants the User a non-exclusive and non-transferable right to use the information, the software and documentation made available to the User on the Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by the Service Provider in making same available.
3.4 Information, software 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. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use.
3.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.
3.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
4. Intellectual Property
4.1 Notwithstanding the particular provisions in Section 3 of these conditions, information, brand names and other contents of the 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 the Service Provider.
4.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, such as, but not limited to, company’s name or to intellectual property rights such as patents, brands or utility models.
5. Duties of the User
5.1 While using the 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 illegal; or distribute advertising or unsolicited e-mails (socalled “spam”) or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
The Web Site may contain hyperlinks to web pages of third parties. The Service Provider accepts no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as the Service Provider does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
7. Liability for defects of title or quality
7.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software 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 willful misconduct or fraud as well as personal injury or death.
7.2 The information may contain 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
8.1 The liability of the Service Provider for defects in relation to quality and title shall be determined in accordance with the provisions of Section 7 of these conditions. Any further liability of the Service Provider is excluded unless required by law, e.g. in cases of willful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Damages for breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage, expect in cases of willful misconduct or gross negligence.
8.2 Although the Service Provider makes every endeavor to keep the Web Site free from viruses, the Service Provider 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. The User shall use all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Web Site.
8.3 Sections 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.
9. Export Controls
9.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. The Service Provider shall label information, software and documentation in relation to German, EU and U.S. export control lists.
9.2 The User shall particularly check and verify that the information, software and documentation shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use; no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.; no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission; and the early warning advice notices of the respective German authorities shall be observed. Access to software, documentation and information on the Web Site shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, the Service Provider shall not be obliged to perform.
9.3 Upon request the Service Provider shall inform the User of the relevant contact points for further information.
10. Data Privacy Protection
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement requires the written form.
11.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).