1. Area of application
By accessing the Software GmbH website (“Website”), you agree to be bound by these terms of use. If you download software from our Website, the respective license terms linked also take precedence.
Software GmbH may change these terms of use at any time and grants access to archived prior versions.
You may not use our services in any manner that would damage or otherwise disrupt access to the Website. You may not use the services for fraudulent or other unlawful acts. Also, you may not harass or disturb others with your activities.
2. Copyright and Rights of Use
Through the website, Software GmbH shares various content, which may include downloads, data, text, graphics, sound, video and/or animation files. This content is protected by trademark, copyright and/or other intellectual property laws for the benefit of either Software GmbH or, in some cases, for the benefit of third parties.
Even if the content is freely available, it is not permitted to extract, reproduce, modify, imitate or distribute in any way the Website as a whole or individual elements contained on the Website. If you wish to use the content in this manner, Software GmbH may grant you such rights upon request, with these rights being non-exclusive and non-transferable.
3. Data protection
If you use the Website, personal data will be processed. This is done exclusively in compliance with data protection laws. Further information about the handling of your data can be found here privacy notice.
4. General user obligations
In addition to the obligations already outlined, you undertake in particular:
- By the use, as well as by user behaviour, not to violate legal regulations, rights of third parties or official decisions;
- Not to cause any damage, disruption and/or overload of the Website or underlying software and/or hardware;
- Not to place links on the Website without prior written consent.
5. Availability of the Website
The Website is generally available around the clock. However, uninterrupted availability cannot be guaranteed. In some cases, such as maintenance work, but also due to circumstances beyond the control of Software GmbH, the Website may be temporarily unavailable. In such cases, Software GmbH asks you to visit the Website again at a later time.
6. Liability
The contents of this Website do not constitute any express or implied representations or warranties. As a whole, no freedom from errors is guaranteed. All content provided by Software GmbH has been compiled in good faith. Software GmbH has no influence on the content of any third-party contributions and does not adopt them as its own in any way. Software GmbH assumes no liability for damages caused by the use of such content. In connection with the use of the Website, Software GmbH shall be liable as follows:
(a) Regardless of the legal reason, without limitation for damages caused by intentional acts or omissions or gross negligence;
(b) In cases of mandatory legal liability, including claims arising from the Product Liability Act, and without limitation for damages to life, limb and health, regardless of the legal reason;
(c) For the slightly negligent breach of material obligations (so-called “cardinal obligations”) Software GmbH’s liability is limited to the amount of damages typically foreseeable at the time of your use of the Website. Cardinal obligations are those contractual obligations which fulfillment enables the proper performance of the contract in the first place and on the compliance with which the Customer has regularly relied and may rely on.
Except in cases of 8 (a), (b) and (c), liability for slight negligence is excluded.
7. Links to external websites
The terms of use do not apply to links to third-party websites. Software GmbH has no influence whatsoever on the content behind any link to third-party websites and does not in any way adopt the content of linked third-party websites as its own or endorse them as a result of the link. Furthermore, Software GmbH makes no representations whatsoever about, and assumes no responsibility or liability for, any damages resulting from use of any content linked to from this site.
8. Place of jurisdiction, Applicable law
If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be at the registered office of Software GmbH. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9. Miscellaneous
In the event that individual provisions of these Terms of Use are invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision will be replaced by a legally permissible provision that corresponds to the sense and purpose of the invalid provision.