1 Scope
1.1 Any use of this web site provided by Xtramus, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g . for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using this Web Site these Terms of Use are accepted in their then current version.
1.2 In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
2 Services
2.1 This site contains specific information and software, as well as - as the case may be related documentation, for viewing or downloading.
2.2 Xtramus 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, Xtramus cannot accept any liability for the continuous availability of the Web Site.
3 Registration, Password
3.1 Some pages of the Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Xtramus reserves the right to deny registration to any User. Xtramus particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Xtramus is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the Web Site; or
- did not use the Web Site for a longer period.
3.2 For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Xtramus, is current at all times and an address at which the User can be contacted.
3.3 The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Xtramus thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, Xtramus will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Xtramus or upon new registration.
3.6 the deletion will not violate the proper performance of contractual relationships. In such event Xtramus will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4 Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made available on or via this Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Xtramus. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
4.2 Xtramus use a non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Xtramus in making same available.
4.3 There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Xtramus shall make the source code available in return for the payment of costs.
4.4 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 in accordance with these Terms of Use.
4.5 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 modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5 Intellectual Property
5.1 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 Xtramus.
5.2 Xtramus may, without charge, use any ideas or proposals stored by a User on the Xtramus Web Sites for the development, improvement and sale of its products.
6 Hyperlinks
The Web Site may contain hyperlinks to the web pages of third parties. Xtramus shall have 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 Xtramus 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.
7.2 The information on the Xtramus 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
8.1 The liability of Xtramus 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 Xtramus is excluded unless required by law.
8.2 Although Xtramus makes every endeavor to keep the Xtramus Web Site free from viruses, Xtramus 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.
