General Terms and Conditions

(status: January 2015)

Scope of Application

The use of these Internet pages (in the following: "dacore website"), as offered by dacore Datenbanksysteme AG, is allowed solely under the following conditions. These General Terms and Conditions can be augmented, modified or replaced by further conditions in individual cases. for example, for the purchase of products and/or services. The validity of these terms and conditions in their respective versions is accepted by means of a log-in, or, should a special log-in not be required, through acceptance of utilization.

Inasmuch as the user acts on behalf of a public corporation, respectively,  as a or for an enterprise, i.e. exercises a commercial or autonomous occupational function when using the dacore website, § 312e para 1 p.1 no. 1-3 of the German Civil Code does not apply.

 

Goods and Services

dacore offers certain information and software, as need be, along with the corresponding documentation, which can be accessed or downloaded from the dacore website.

dacore is authorized to discontinue, in part or whole, the operation of the dacore website at any time. Due to the nature of the Internet and computer systems, dacore does not assume responsibility for the sustained continuous operation of dacore website.

 

Registration, Password

A number of pages of dacore website can be protected by passwords. In the interest of maintaining the security of our business connections, access to these pages is only possible for registered users. There is no entitlement to a registration through dacore, dacore retains the right, in particular to make registration compulsory even for those pages which till now were freely accessible. Dacore is entitled at any time to revoke access entitlement by blocking the login data without needing to give reason, in particular if the user made false statements when registering, acted in breach of the conditions or did not exercise due diligence in the handling of the login data or if the user has not made any contact with dacore website for a longer period of time.

In cases where registration is prescribed, the user is under obligation to make truthful statements when registering and to advise dacore without delay (as far as provided: online) of any possible, later changes. The user is to see to it that the emails are received that are sent to the indicated email address.

After registration has been successfully completed, the user will receive a user name and password (in the following: "user data"). During first-time access, the user will be required to replace the password assigned by dacore with  a password known only to him/herself. The user data enable the user to access or change data or, where applicable, to revoke or extend his/her given consent to process said data.

The user is under obligation to keep the user data confidential and not to disclose or share it with any third party. The user is also liable for any orders or other activities which are carried out under said user data. The user should leave the password protected area once the business transaction(s) have been completed. As fas as the user receives knowledge that a third party has misused/is misusing the user data, the user is under obligation to advise dacore without delay in writing of such misuse and, as the case may be, ex ante directly via email.

After receiving such a notification, dacore will block access to the password protected area containing this user data. Only after the user has made a separate petition to dacore or re-registered, is it possible to revoke the block.

The user can at any time demand in writing the deletion of  his/her registration, in as far as such a deletion does not compromise the processing of any current contractual relationship. In such a case, dacore will delete the user data and all other stored private data of the user as soon as such data is no longer required.

 

Rights of Use for Information, Software and Documentation

The use of the information, software and documentation accessible on dacore website  is subject to these conditions or, in the case of updates of the information, software and documentation, the relevant license conditions previously agreed upon with dacore. Separately agreed upon license conditions precede these conditions.

Dacore grants the user  the non-exclusive and non-transferable right to use the information, software and documentation provided on dacore website to the agreed upon extent, or in the case where no agreement is existent, in keeping with the purposes for which dacore provided and made such information, software and documentation accessible.

The software is provided free of charge in a form which is machine-readable. The right to access the source code is not granted, with the exception of code from Open Source Software. The license terms of Open Source Software  overrule these  terms regarding the circulation of such code and proscribe that the source code be made freely available. In such cases, dacore will make such code available against reimbursement of costs.

The user is not allowed to distribute, lease or make information, software or documentation available in any other form to a  third party. As far as there are no mandatory legal regulations which allow otherwise, the user may not change, abbreviate or translate either the software nor its documentation, nor may he/she  extract any parts thereof. The user is allowed to make a backup copy of the software if such a copy should be required to be able to ensure future use.

The information, software and documentation are protected by copyright and  international copyright agreements, as well as other laws and agreements pertaining to  intellectual property. The user is to adhere to these rights, in particular any and all  alphanumerical identifying information, trademarks and copyright notations are not to be removed from either the software or from the documentation.

§ 69 a ff of copyright law remains incidentally inviolate.

 

Intellectual Property

Regardless of the special provisions of these terms, neither information, trade names or any other content of the dacore website may be changed, copied, distributed, sold, leased, used, augmented or otherwise made use of without the prior written consent of dacore.

Aside from the herein explicitly granted rights of use or other rights, the user is not granted any further rights of any kind whatsoever, in particular rights to the company name and industrial property rights such as patents, utility patents or trademarks, nor is dacore under obligation to grant any such rights.

 

The Duties of the User

A user  may not do any of the following when using the dacore website:

  • To inflict harm on or infringe on the moral rights of other persons, in particular those of underage persons;
  • To offend against moral law in his/her manner;
  • To violate industrial property rights, copyrights or any other property rights;
  • To transfer content with viruses, so-called Trojan horses or other programs that could damage software;
  • To input, store or send hyper links or content to which he/she is not entitled, in particular when such hyper links or content are in violation of privacy rights or are contrary to the law; or
  • To disseminate advertising material or unsolicited emails (so-called spam) or unfounded warnings of viruses, malfunctions or similar or to call upon others to participate in competitions, snowball systems, chain letters, pyramid games and comparable activities.

Dacore has the right to block access to the dacore website at any time, in particular when a user stands in violation of his/her duties as explicated in the terms above.

 

Hyper links

The dacore website can contain hyper links to the websites of third parties. Dacore declines to take responsibility for the content of these websites. Dacore also does not   these websites or their content as its own since dacore does not control the linked information and is not responsible for the content and information provided thereof. It is at one's own risk that the user employs such links.

 

Liability for Defects of Title and Quality

In as far as information, software and documentation are made available free of charge, liability for any defects of title or quality regarding the information, software or documentation, in particular for their correctness, accuracy, freedom from the   property rights or copyrights of any third party, completeness and useableness - with the exception  of cases of intention and fraudulent intention, as well as harm to life, body or health - is excluded.

The information can contain general descriptions of technical possibilities of individual products which in some cases (e.g. due to product changes) are not necessarily available. In individual cases, therefore, the desired capability characteristics must be arranged for at purchase.

 

Other Liabilities, Viruses

Dacore's liability for defects of title or quality are in accordance with the terms of these conditions. For the rest, dacore is excluded from any kind of liability, in as far as liability is not compulsory, for example, due to intention, due to an act of gross negligence, due to harm to life, body or health, due to an assumption of a liability,due to fraudulent concealment of a defect or due to a breach of an essential contractual stipulation. Compensation for damages due to a breach of an essential contractual stipulation, however, is limited to typical contractual, foreseeable damages, in as far as intention or an act of gross negligence are not indicated.

Although dacore always endeavors to keep the dacore website free of viruses, dacore cannot guarantee complete freedom from viruses. Before downloading information, software or documentation, the user is advised, for his/her own protection as well as to prevent viruses from infecting the dacore website, to provide suitable security measures and carry out virus scanning.

A change in the burden or proof to the detriment of the user is not conjoined to the policy stated herein.

 

Export Control

The export of specific information, software and documentation can - for example, due to the type or purpose or final destination - be under obligation to obtain a permit. The user is advised to strictly adhere to the standard export rules and regulations for information, software and documentation, in particular those of the European Union, respectively of member nations of the European Union, as well as the USA. Dacore designates the information, software and documentation subject to authorization in accordance with German, EU and USA export lists.

The user is advised, in particular,  to verify and ensure the following:

  • that the provided information, software and documentation is not used for any armament, nuclear, or weapon relevant purposes or any other military purposes;
  • that any enterprises or persons which are listed in the US Denied Persons List (DPL) obtain products, software or technologies originating in the US;
  • that any enterprise or person which are listed in the US-Warning List, the US Entity List and the US Specially De-signated Nationals List obtain products originating in the US without authorization; and
  • that the early warning notices of the responsible German authorities be adhered to.

Access to the software, documentation and information of the dacore website is only then permitted if they comply with the above named verification and safe-guard stipulations; otherwise dacore is not under obligation to perform.

 

Data Protection

Dacore adheres to the legal regulations applicable to data protection as well as dacore's data privacy policy for the acquisition, use and  processing of users' private data.

 

Subsidiary Agreements, Court of Jurisdiction, Applicable Law

Subsidiary agreements must be in written form.

The court of jurisdiction is Fürth if the user is a trader in terms of the German Commercial Code.

The dacore website is operated by and is the responsibility of an enterprise located in Germany. Dacore declines to assume any responsibility that the information, software and/or documentation of the dacore website can also be accessed or downloaded from locations outside of Germany. If users outside of Germany access the dacore website, they themselves are solely responsible for adhering to the standard regulations in accordance with the laws of the given country. Access to the information, software and/or documentation of the dacore website from countries in which such access is contrary to the law is not allowed. German law applies to the exclusion of the UN Law on the Sale of Goods.