General terms and conditions of use
1. Scope of application
1.1 The use of these Internet pages provided by SoCom Informationssysteme GmbH (hereinafter referred to as "the SoCom website") is solely permissible based on these conditions. In individual cases, these General Terms and Conditions of Use can be extended, modified or replaced by further conditions e.g. for acquiring products and/or services. By logging in, or, if a separate log-in is not required, by actually using the site, you confirm your acceptance of the relevant version of these terms and conditions of use.
1.2 If, when using the SoCom website, the user acts as or for a company, i.e. by exercising a commercial or independent professional activity, or acts for a public body, § 312e Para. 1 Page 1 No. 1 - 3 of the Civil Code shall not apply.
2.1 On the SoCom website SoCom provides specific information and software, if necessary together with documentation, which can be accessed or downloaded.
2.2 SoCom is entitled to stop the operation of the SoCom website at any time either entirely or partially. Given the nature of the Internet and of computer systems, SoCom does not accept liability for the uninterrupted availability of the SoCom website.
3. Registration, password
3.1 Some pages on the SoCom website may be password-protected. In the interests of maintaining the security of business transactions, access to these pages is only granted to registered users. Users are not entitled to demand registration through SoCom. SoCom reserves the right in particular to also subject websites which in the past have been freely available to a registration obligation. Socom is authorised at all times to revoke the access authorisation by locking the access data without being obliged to specify reasons, in particular, if the user
- has provided false information in order to register,
- has infringed these conditions or his due diligence obligations regarding handling the access data,
- has infringed applicable law when accessing or using the SoCom website or
- has not used the SoCom website for a prolonged period of time.
3.2 If provision has been made for a registration, the user is obliged to provide truthful statements in order to register and in the event of any subsequent changes to inform SoCom of these immediately (online if provision has been made for this). The user shall ensure that the e-mails that are sent to the e-mail address he has specified are directed to him.
3.3 After he has registered, the user is given a user name and password (hereinafter also referred to as: "user data"). The first time the user accesses the system, he will change the password given to him by SoCom into a password that is only known to him. The user data enables the user to view or change his data or to revoke or extend any data processing permissions that may have been granted.
3.4 The user shall ensure that the user data is not made accessible to third parties and is liable for all orders executed using the user data and other activities. After each use, the user must leave the password-protected area. If the user becomes aware that third parties are using the user data improperly, he is obliged to inform SoCom of this immediately in writing, if necessary in advance by sending a simple e-mail.
3.5 After the notification has been received in accordance with Point 3.4, SoCom will block access to the password-protected area with this user data. The block can only be lifted after a separate request has been made by the user to SoCom or following a new registration.
3.6 The user can request for his registration to be deleted at any time in writing provided that the deletion does not adversely affect the processing of ongoing contractual arrangements. In this case, SoCom shall delete all the user data and all other saved personal data relating to this user as soon as this data is no longer required.
4. Rights of use to information, software and documentation
4.1 The use of the information, software and documentation provided on the SoCom website is subject to these conditions or in the event that information, software or documentation is updated the relevant licence terms that have already been agreed at an earlier stage with SoCom. Separately agreed licence terms shall take precedence over these conditions.
4.2 SoCom shall grant the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the SoCom website to the extent that has been agreed or in the event of no such agreement to the extent of the purpose intended by SoCom in making such information, software and documentation available.
4.3 The software shall be provided in machine-readable form free of charge. The user is not entitled to demand disclosure of the source code. This does not include the source codes of open source software whose licence terms take precedence over these conditions, if the open source software is passed on to another party, and which stipulate disclosure of the source code. In this case SoCom shall provide the source code for a fee.
4.4 The user may not sell, lease or in any other way provide information, software or documentation at any time to third parties. Unless otherwise permitted by mandatory legal provisions, the user may not modify, reverse engineer or translate either the software or its documentation nor may he remove parts of it. The user may create a back-up copy of the software if this copy is required to guarantee future use based on these terms and conditions of use.
4.5 The information, software and the documentation are protected both by copyright laws and international copyright agreements as well as by other laws and agreements governing intellectual property. The user shall observe these rights, and in particular shall not remove alphanumeric identifiers, brands and copyright notices either from the information or from the software or from the documentation or from copies of these.
4.6 §§ 69a et seq. of the Copyright Law shall otherwise remain unaffected.
5. Intellectual property
5.1 Notwithstanding the particular provisions in Point 4 of these terms and conditions of use, information, brand names and other content of the SoCom website may not be changed, copied, duplicated, sold, leased, used, supplemented or otherwise utilised without the prior written approval of SoCom.
5.2 Outside the usage rights explicitly granted in this document or other rights, the user shall not be granted any further rights regardless of the type, in particular to the company name and industrial property rights, such as patents, utility models or brands, nor shall SoCom draw up a corresponding obligation to grant such rights.
6. Obligations of the user
6.1 When using the SoCom website, the user may not:
- Harm people, in particular minors, or infringe their personal rights;
- Violate common decency through his user behaviour;
- Infringe intellectual property rights or other proprietary rights;
- Transmit content with viruses, known as Trojan horses or other programming which can damage software;
- Enter, save or send hyperlinks or content to which he does not have authorised access, in particular if these hyperlinks or content infringe confidentiality obligations or are illegal; or
- Circulate advertising or unsolicited e-mails ( known as "spam") or inaccurate warnings about viruses, malfunctions and the like or encourage other users to participate in competitions, multi-level marketing campaigns, chain letter and pyramid schemes and similar activities.
6.2 SoCom is entitled to block access to the SoCom website at any time, in particular if the user infringes his obligations as defined in these conditions.
The SoCom website may contain hyperlinks to third-party websites. SoCom neither accepts responsibility for the content of these websites nor shall SoCom adopt these websites and their content as its own as SoCom does not monitor the linked information and is also not responsible for the content and information held on these sites. The user uses these sites at his own risk.
8. Liability for defects in title and quality
8.1 If information, software or documentation is provided free of charge, liability for any defects in title and quality of the information, software and documentation, in particular for their correctness, accuracy, freedom from third-party intellectual property rights, completeness and/or usability - except in the event of wilful intent or malice - is excluded.
8.2 The information on the SoCom website may contain specifications or general descriptions of technical features of products which in individual cases are not always available (e.g. as a result of product modifications). For this reason, the required performance characteristics of the products must be agreed on a case-by-case basis at the purchasing stage.
9. Other liability, viruses
9.1 SoCom’s liability for defects in title and quality is governed by the provisions in Point 8 of these terms and conditions of use. Otherwise any liability of SoCom is excluded unless it is not mandatorily liable e.g. in accordance with the Product Liability Law or due to wilful intent, gross negligence, injury to life, limb and health, the assumption of a quality guarantee, the malicious concealment of a defect or the infringement of key contractual obligations. Claims for damages due to the infringement of key contractual obligations shall be limited, however, to the foreseeable damages typical for the contract provided that wilful intent or gross negligence have not been a factor.
9.2 Although SoCom always tries to keep the SoCom website free of viruses, SoCom cannot guarantee freedom from viruses. Before downloading information, software and documentation, the user shall ensure he has appropriate security features and virus scanners in place for his own protection and to prevent receiving viruses on the SoCom website.
9.3 A change in the burden of proof to the disadvantage of the user is not related to the above-mentioned provisions in Points 9.1 and 9.2.