SHARKOON Technologies GmbH
Internet Terms of Use
Internet Terms of Use
1. General
1.1
Please note that SHARKOON's provision of this website ("SHARKOON Website") to the user ("User") constitutes a voluntary service. SHARKOON reserves the right to make alterations, such as the introduction of user names and passwords, a user fee or similar at anytime.
1.2
The services provided on the SHARKOON Web Site are generally free of charge but SHARKOON reserves the right to introduce charges or fees in which case further terms and conditions may apply.
1.3
Any use of the SHARKOON Website, is subject to these terms of use ("Terms"). These Terms may be complemented, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. By using the SHARKOON Website these Terms are accepted in their current version.
2. Services
2.1
The SHARKOON Website contains information and software as well as product-related documentation for viewing or downloading.
2.2
SHARKOON is entitled to discontinue the operation of the SHARKOON Website in full or in part at any time. Due to the nature of computer systems in general and the internet in particular SHARKOON cannot guarantee the continuous availability of the SHARKOON Website.
3. Rights of Use
3.1
The User accepts that the use of any information, software and documentation made available on the SHARKOON Website is subject to these Terms. Updates of information, software or documentation are subject to the previously agreed license terms. Individually agreed license terms prevail over these Terms.
3.2
The User is granted a non-exclusive and non-transferable license to use the information, software and documentation made available on the SHARKOON Website to the extent agreed, or in the event no such agreement exists to the extent intended by SHARKOON in making the same available.
3.3
SHARKOON makes the software available in object code free of charge. There is no right for the source code to be made available. This does not apply to the source codes of so-called open source software, the conditions of which may require the making available of its source code. Such conditions take priority over these Terms. In such cases SHARKOON agrees to make the source code available to the User in return for the reimbursement of SHARKOON's reasonable costs involved.
3.4
The User may not distribute the software, information and documentation provided by SHARKOON to any third party at any time nor may it be rented out or made available in any other way. The User will not modify, disassemble, reverse engineer or decompile the software or documentation or separate any part thereof. Where this is necessary the User may make one backup copy of the software in order to secure its further use in accordance with these Terms.
3.5
All software, information, and documentation contained on the SHARKOON Website is protected by copyright laws, international copyright treaties as well as other laws and conventions relating to intellectual property. The User agrees to abide by such laws. He agrees not to modify, conceal or remove any copyright notices, alphanumeric code or other marks from the information or from the software or documentation, or any copies thereof.
3.6
The remainder of §§69a et seq. of the German Copyright Law (Urheberrechtsgesetz) remains unaffected.
4. Intellectual Property
4.1
Except for the rights expressly granted in clause 3.2 above, no other rights (in particular in SHARKOON's intellectual property) are granted to the User.
4.2
Notwithstanding the special provisions contained in clause 3 above, information, brand names and other contents of the SHARKOON Website may not be changed, copied, reproduced, sold, rented out, supplemented or used in any other way without the prior written permission of SHARKOON.
5. Registration and Passwort
5.1
SHARKOON may protect some or all pages of the SHARKOON Website with a password or otherwise. In the interest of safety and security, only registered Users may access these pages. SHARKOON reserves the right to deny registration to any User. SHARKOON particularly reserves the right to determine that certain sites, which were previously freely accessible, may in future, be subject to registration. SHARKOON may at any time and without having to give reasons deny the User access to the password-protected area. This is so in particular if the User utilised false or stolen data for the purpose of registration, violates these Terms or neglects its duty of care with regard to User Data, violates any applicable laws in accessing or using the SHARKOON Website, or did not use the SHARKOON Website for a longer period.
5.2
Where registration is provided for, the User agrees to give accurate information and, in case of subsequent changes, agrees to up-date such information (and to the extent possible: online) without undue delay. The User agrees to ensure that the e-mail address he supplied to SHARKOON is current at all times and that he is contactable thereunder.
5.3
On registration SHARKOON will provide the User with an access code, comprising a User ID and a password ("User Data"). On first access the User agrees to change the password received from SHARKOON into a password known only to the User. Entering the User Data allows the User to view or change his data or, as the case may be, to withdraw his consent to the processing of its data.
5.4
The User agrees to ensure that all User Data is kept secure and is not accessible to third parties and the User is liable for all transactions and other activities carried out under this User Data. At the end of each online session, the User shall log-off from the password protected websites. Should the User become aware that any third party is misusing its User Data the User shall immediately notify SHARKOON of this in writing and where possible already in advance by e-mail as well.
5.5
After receipt of a notice further to clause 5.4 above SHARKOON will block access to the password-protected area under such User Data. Renewed access by the same User is only possible after application to SHARKOON or upon new registration.
5.6
The User may in writing demand the termination of his registration at any time, provided that the termination does not hinder the proper performance of contractual relationships. In such cases SHARKOON will delete all User Data as soon as this is no longer required.
6. Duties of the User
6.1
By accessing or using the SHARKOON Website, the User agrees not to harm other persons, in particular minors, or infringe their personal rights; breach public morality, violate their intellectual property rights 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 other data to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are unlawful or are used to distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit, request or offer the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
6.2
SHARKOON may deny the User access to the SHARKOON Website at any time, in particular in cases where the User has breached his obligations under these Terms.
7. Hyperlinks
The SHARKOON Website may contain hyperlinks to web pages of third parties. As SHARKOON has no means of controlling the linked information, SHARKOON is not liable for the content of such web pages. With regard to these SHARKOON does not make any representations or endorse them. The use of such web pages is at User's sole risk.
8. Liability for defects
8.1
Insofar information, software or documentation is made available to the User at no cost, any liability for defects as to quality or title to 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 wilful misconduct or fraud.
8.2
The information on the SHARKOON Website may contain specifications or general descriptions relating to the technical possibilities of individual products, which may not be available in certain cases (e.g.: due to product changes). The User must, therefore, agree any specific performance criteria required with SHARKOON at the time of purchase.
9. Other Liability, Viruses
9.1
SHARKOON's liability for defects in relation to quality and title shall be determined in accordance with the provisions of clause 8 above. Any further liability on behalf of SHARKOON is excluded unless this is required by law, e.g. under the German Product Liability Act or in cases of intent, gross negligence, personal injury or death, failure to comply with a guarantee given, fraudulent concealment of a defect or in case of a breach of fundamental contractual obligations. The damages in case of breach of any fundamental contractual obligations shall be limited to contract-typical, foreseeable damages provided the party in breaching the agreement did not act intentionally or with gross negligence.
9.2
Although SHARKOON takes great care in trying to keep the SHARKOON Website free from viruses, SHARKOON cannot guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information, software or documentation.
9.3
Clauses 9.1 and 9.2 above do not intend or imply any changes to the burden of proof to the User's disadvantage.
10. Export Controls
The export of certain information, software and documentation may, e.g. due to its nature, intended use or final destination, be subject to authorisation. The User agrees to strictly abide by any export regulations in force in the EU and or its member states which are applicable to the information, software and documentation.
11. Data Protection
SHARKOON will, when collecting, using and processing any of the User's personal data, comply with all provisions applicable to the processing of data.
12. Supplementary Agreements
Any supplementary agreement must be made in writing.
13. Place of Jurisdiction
Where the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch) the place of jurisdiction is agreed to be Gießen.
14. Applicable Law
14.1
Provided the User uses the SHARKOON Website as or on behalf of an entrepreneur, i.e. in execution of a commercial or self-employed vocational activity, or on behalf of an administrative entity, §312e paragraph 1 sentence 1 no. 1-3 of the German Civil Code do not apply.
14.2
The SHARKOON Website is operated and administered by SHARKOON Technologies GmbH. SHARKOON makes no representation that the information, software and/or documentation on the SHARKOON Website may be viewed or downloaded at locations outside Germany. If Users access the SHARKOON Website from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to information, software and documentation on SHARKOON Website's from countries where such content is unlawful is prohibited.
14.3
These Terms shall be governed by the laws of the Federal Republic of Germany.
1.1
Please note that SHARKOON's provision of this website ("SHARKOON Website") to the user ("User") constitutes a voluntary service. SHARKOON reserves the right to make alterations, such as the introduction of user names and passwords, a user fee or similar at anytime.
1.2
The services provided on the SHARKOON Web Site are generally free of charge but SHARKOON reserves the right to introduce charges or fees in which case further terms and conditions may apply.
1.3
Any use of the SHARKOON Website, is subject to these terms of use ("Terms"). These Terms may be complemented, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. By using the SHARKOON Website these Terms are accepted in their current version.
2. Services
2.1
The SHARKOON Website contains information and software as well as product-related documentation for viewing or downloading.
2.2
SHARKOON is entitled to discontinue the operation of the SHARKOON Website in full or in part at any time. Due to the nature of computer systems in general and the internet in particular SHARKOON cannot guarantee the continuous availability of the SHARKOON Website.
3. Rights of Use
3.1
The User accepts that the use of any information, software and documentation made available on the SHARKOON Website is subject to these Terms. Updates of information, software or documentation are subject to the previously agreed license terms. Individually agreed license terms prevail over these Terms.
3.2
The User is granted a non-exclusive and non-transferable license to use the information, software and documentation made available on the SHARKOON Website to the extent agreed, or in the event no such agreement exists to the extent intended by SHARKOON in making the same available.
3.3
SHARKOON makes the software available in object code free of charge. There is no right for the source code to be made available. This does not apply to the source codes of so-called open source software, the conditions of which may require the making available of its source code. Such conditions take priority over these Terms. In such cases SHARKOON agrees to make the source code available to the User in return for the reimbursement of SHARKOON's reasonable costs involved.
3.4
The User may not distribute the software, information and documentation provided by SHARKOON to any third party at any time nor may it be rented out or made available in any other way. The User will not modify, disassemble, reverse engineer or decompile the software or documentation or separate any part thereof. Where this is necessary the User may make one backup copy of the software in order to secure its further use in accordance with these Terms.
3.5
All software, information, and documentation contained on the SHARKOON Website is protected by copyright laws, international copyright treaties as well as other laws and conventions relating to intellectual property. The User agrees to abide by such laws. He agrees not to modify, conceal or remove any copyright notices, alphanumeric code or other marks from the information or from the software or documentation, or any copies thereof.
3.6
The remainder of §§69a et seq. of the German Copyright Law (Urheberrechtsgesetz) remains unaffected.
4. Intellectual Property
4.1
Except for the rights expressly granted in clause 3.2 above, no other rights (in particular in SHARKOON's intellectual property) are granted to the User.
4.2
Notwithstanding the special provisions contained in clause 3 above, information, brand names and other contents of the SHARKOON Website may not be changed, copied, reproduced, sold, rented out, supplemented or used in any other way without the prior written permission of SHARKOON.
5. Registration and Passwort
5.1
SHARKOON may protect some or all pages of the SHARKOON Website with a password or otherwise. In the interest of safety and security, only registered Users may access these pages. SHARKOON reserves the right to deny registration to any User. SHARKOON particularly reserves the right to determine that certain sites, which were previously freely accessible, may in future, be subject to registration. SHARKOON may at any time and without having to give reasons deny the User access to the password-protected area. This is so in particular if the User utilised false or stolen data for the purpose of registration, violates these Terms or neglects its duty of care with regard to User Data, violates any applicable laws in accessing or using the SHARKOON Website, or did not use the SHARKOON Website for a longer period.
5.2
Where registration is provided for, the User agrees to give accurate information and, in case of subsequent changes, agrees to up-date such information (and to the extent possible: online) without undue delay. The User agrees to ensure that the e-mail address he supplied to SHARKOON is current at all times and that he is contactable thereunder.
5.3
On registration SHARKOON will provide the User with an access code, comprising a User ID and a password ("User Data"). On first access the User agrees to change the password received from SHARKOON into a password known only to the User. Entering the User Data allows the User to view or change his data or, as the case may be, to withdraw his consent to the processing of its data.
5.4
The User agrees to ensure that all User Data is kept secure and is not accessible to third parties and the User is liable for all transactions and other activities carried out under this User Data. At the end of each online session, the User shall log-off from the password protected websites. Should the User become aware that any third party is misusing its User Data the User shall immediately notify SHARKOON of this in writing and where possible already in advance by e-mail as well.
5.5
After receipt of a notice further to clause 5.4 above SHARKOON will block access to the password-protected area under such User Data. Renewed access by the same User is only possible after application to SHARKOON or upon new registration.
5.6
The User may in writing demand the termination of his registration at any time, provided that the termination does not hinder the proper performance of contractual relationships. In such cases SHARKOON will delete all User Data as soon as this is no longer required.
6. Duties of the User
6.1
By accessing or using the SHARKOON Website, the User agrees not to harm other persons, in particular minors, or infringe their personal rights; breach public morality, violate their intellectual property rights 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 other data to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are unlawful or are used to distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit, request or offer the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
6.2
SHARKOON may deny the User access to the SHARKOON Website at any time, in particular in cases where the User has breached his obligations under these Terms.
7. Hyperlinks
The SHARKOON Website may contain hyperlinks to web pages of third parties. As SHARKOON has no means of controlling the linked information, SHARKOON is not liable for the content of such web pages. With regard to these SHARKOON does not make any representations or endorse them. The use of such web pages is at User's sole risk.
8. Liability for defects
8.1
Insofar information, software or documentation is made available to the User at no cost, any liability for defects as to quality or title to 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 wilful misconduct or fraud.
8.2
The information on the SHARKOON Website may contain specifications or general descriptions relating to the technical possibilities of individual products, which may not be available in certain cases (e.g.: due to product changes). The User must, therefore, agree any specific performance criteria required with SHARKOON at the time of purchase.
9. Other Liability, Viruses
9.1
SHARKOON's liability for defects in relation to quality and title shall be determined in accordance with the provisions of clause 8 above. Any further liability on behalf of SHARKOON is excluded unless this is required by law, e.g. under the German Product Liability Act or in cases of intent, gross negligence, personal injury or death, failure to comply with a guarantee given, fraudulent concealment of a defect or in case of a breach of fundamental contractual obligations. The damages in case of breach of any fundamental contractual obligations shall be limited to contract-typical, foreseeable damages provided the party in breaching the agreement did not act intentionally or with gross negligence.
9.2
Although SHARKOON takes great care in trying to keep the SHARKOON Website free from viruses, SHARKOON cannot guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information, software or documentation.
9.3
Clauses 9.1 and 9.2 above do not intend or imply any changes to the burden of proof to the User's disadvantage.
10. Export Controls
The export of certain information, software and documentation may, e.g. due to its nature, intended use or final destination, be subject to authorisation. The User agrees to strictly abide by any export regulations in force in the EU and or its member states which are applicable to the information, software and documentation.
11. Data Protection
SHARKOON will, when collecting, using and processing any of the User's personal data, comply with all provisions applicable to the processing of data.
12. Supplementary Agreements
Any supplementary agreement must be made in writing.
13. Place of Jurisdiction
Where the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch) the place of jurisdiction is agreed to be Gießen.
14. Applicable Law
14.1
Provided the User uses the SHARKOON Website as or on behalf of an entrepreneur, i.e. in execution of a commercial or self-employed vocational activity, or on behalf of an administrative entity, §312e paragraph 1 sentence 1 no. 1-3 of the German Civil Code do not apply.
14.2
The SHARKOON Website is operated and administered by SHARKOON Technologies GmbH. SHARKOON makes no representation that the information, software and/or documentation on the SHARKOON Website may be viewed or downloaded at locations outside Germany. If Users access the SHARKOON Website from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to information, software and documentation on SHARKOON Website's from countries where such content is unlawful is prohibited.
14.3
These Terms shall be governed by the laws of the Federal Republic of Germany.