Usage of the websites offered by PRODATIS CONSULTING AG (in the following: „PRODATIS“) is solely permitted under the following conditions.
On these websites, PRODATIS provides information and software for viewing, retrieval or downloading. PRODATIS has the right to stop the operation of these websites at any point ether completely or partly.
Due to the nature of the Internet and of computer systems, PRODATIS gives no guarantee on the uninterrupted availability of these websites.
Parts of this online presence are password-protected. In the interest of secure business communications, access to these parts is only available to registered users. Users are not entitled to registration.
Users of these websites are obligated to give true statements during registration and notify PRODATIS immediately in case of any changes.
The user ensures that the login information is not made available to third parties and is liable for any activities undertaken under the login information. If the user gains knowledge of third parties using the login information in a fraudulent manner, he or she is obligated to inform PRODATIS immediately. The user can request deletion of his or her registration at any time. In this case, PRODATIS will delete all user information and all otherwise saved personal data of the user, as soon as they are no longer required for purposes of billing or legally required information procedures.
4. Usage rights of information, picture, video and audio files, software and documentation
The usage of any information, picture, video and audio files, software and documentation on this website is subject to the following conditions. The user may be obligated to accept separate licensing and usage terms for usage of PRODATIS or integrated Oracle applications. These conditions apply after acceptance of these conditions.
PRODATIS grants the user a non-exclusive and non-transferable right to use the picture, video and audio files, software and documentation provided on this website in the scope that was granted or, in case nothing was granted, according to the pursued purpose of provision and granting by PRODATIS.
The contents may at no time be passed on to third parties by the user or be rented out or conceded in any other way. The contents are protected by copyright laws as well as other laws and regulations regarding intellectual property. The user shall adhere to these laws and not remove brand or copyright notifications from the appropriate contents. Unless binding legal regulations allow something different, the user may not change, reverse-engineer or translate the software or its documentation nor extract any parts.
5. Intellectual property
Outside of the herein specifically granted usage right or other rights, the user will not be granted any other similar rights.
6. Obligations of the user
The user is obligated to keep his or her passwords secret or change his or her passwords if there is cause for suspicion of unauthorized knowledge of third parties. The user may not use the websites, products or services of PRODATIS in a fraudulent way or commit actions that are illegal or immoral.
When using the PRODATIS website, the user may not harm any persons, especially minors, or harm their personal rights, conduct himself in an immoral way, violate any commercial protection and copyright laws or any other property laws, transmit contents with viruses or other program that could harm the software, enter, save or send hyperlinks or contents that he or she is not authorized to, especially if these hyperlinks or contents violate any confidentiality agreements or laws, or to send advertising or unsolicited emails.
PRODATIS has the right to refuse access to the PRODATIS websites at any time, especially if a user violates obligations listed under point 6.
The PRODATIS website contains hyperlinks to third party websites. PRODATIS does not assume liability for contents of the linked websites nor do these websites or links constitute property of PRODATIS, as PRODATIS has no control over the linked websites and is not responsible for the information and contents contained in them. Usage of these links is taking place at the user’s own risk.
Damages claims from impossibility of performance, default damages, default in performance of contract, omission on signing of the contract as well as unlawful act towards the contractor is excluded, unless the causal facts for liability are according to intent or gross negligence.
Liability for guaranteed features is not affected.
PRODATIS is neither liable for the completeness, correctness or up-to-datedness of the information submitted via its infrastructure, nor for the question of whether this information is free from third party rights or whether the sender is acting in an illegal fashion by submitting the information.
The contractor is not liable for loss of profit, missed savings, damages from claims of third parties and other collateral or consequential damages.
Damage claims of the client due to delay or impossibility of performance of the contractor are limited to the value of that part of the services that could not be used as determined by the contract due to the impossibility of performance or delay.
The limitations of liability do not extend to physical injuries and other damages that are caused through intent or gross negligence on the part of the contractor.
When accepting offers on the PRODATIS websites, the liability clause from point 7 becomes part of the contract.
9. Change of the scope of services
In regards to technical, economical or regulatory developments as well as the securing of quality standards of the services offered by PRODATIS, PRODATIS has the right to change the configuration or specification of the services during the running period of the contract.
PRODATIS commits to announce changes to services that could affect customers in a negative way with a notice period of four weeks. PRODATIS may shorten this time period if keeping the deadline is unreasonable. An example when this would be the case is when PRODATIS has to react to orders from the regulatory authority for telecommunication or to current market developments at short notice as well as for measures that are required for securing the achievability of the service.
Insignificant changes that increase the value of the service or product measured at the current state of technology or change the character of the respective service in an insignificant way are merely announced by PRODATIS and realized at the next possible point in time.
As far as information, software of documentation is conceded free of charge, liability for material and legal defects of the information, software and documentation, especially in regards to their correctness, accuracy, freedom of property rights and copyrights of third parties, completeness and/or usability – except in cases of intent or malice – is ruled out.
10. Subsidiary Agreements, Jurisdiction, Proper Law
Any subsidiary agreements require written form. The jurisdiction is Dresden, Germany. German law applies exclusively.