(as of January 2015)
If the user acts as or on behalf of a company, i.e. in the exercise of a commercial or self-employed professional activity, or for a public corporation when using the dacore website, § 312e Paragraph 1 S. 1 No. 1-3 of the German Civil Code does not apply.
On the dacore website, dacore provides certain information and software, possibly together with documentation, for retrieval or downloading.
dacore is entitled to discontinue the operation of the dacore website in whole or in part at any time. Due to the nature of the internet and computer systems, dacore does not assume any guarantee for the uninterrupted availability of the dacore website.
Some pages of the dacore website may be password protected. In the interest of business security, access to these pages is only possible for registered users. There is no claim to registration by dacore. dacore particularly reserves the right to subject previously freely accessible websites to a registration obligation. dacore is entitled to revoke access authorization at any time by blocking the access data without having to give reasons, especially if the user has provided false information for registration, has violated these conditions or his duty of care in handling the access data or has not used the dacore website for a longer period of time.
Should registration be required, then the user is obligated to provide truthful information for registration and to inform dacore immediately (if provided for: online) of any subsequent changes. The user will ensure that he/she receives the emails which are sent to the email address provided by him/her.
After successful registration, the user will receive a user name and password (hereinafter also referred to as: "user data"). Upon initial access, the user will change the password provided by dacore into a password known only to him/her. The user data enables the user to view or change his data or, if necessary, to revoke or extend his consent to data processing.
The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities carried out under the user data. After each use, the area protected by password must be left. Should the user become aware that third parties are misusing the user data, he/she is obligated to inform dacore immediately in writing, if necessary in advance by simple email.
After receipt of the notification, dacore will block access to the password-protected area with this user data. The lifting of the block is only possible after a separate application by the user to dacore or after a new registration.
The user can request the deletion of his registration in writing at any time, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, dacore will delete all user data and all other stored personal data of the user as soon as this data is no longer required.
The use of the information, software and documentation made available on the dacore website is subject to these conditions or, in the case of updates of information, software or documentation, to the relevant license conditions previously agreed upon with dacore. Separately agreed upon license conditions take precedence over these conditions.
dacore grants the user a non-exclusive and non-transferable right to use the information, software and documentation made available on the dacore website to the extent agreed upon or, if nothing has been agreed upon, in accordance with the purpose pursued by dacore in making this information, software and documentation available.
Software is provided free of charge in machine-readable form. There is no claim to the release of the source code. This shall not apply to source codes of open source software whose licence conditions, which take precedence over these Conditions when open source software is passed on, require the source code to be made available. In this case, dacore will make the source code available in return for reimbursement of costs.
Neither information, software nor documentation may be distributed, rented or otherwise made available to third parties by the user at any time. As long as no mandatory legal regulations allow otherwise, the user may neither change, reverse engineer or translate the software or its documentation nor may he or she remove parts of it. The user may make one backup copy of the software if this copy is necessary for securing future use.
The information, software and documentation are protected by copyright laws and international copyright treaties as well as other laws and agreements concerning 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.
Sections 69a et seq. of the German Copyright Act shall remain unaffected.
Notwithstanding the special provisions of these conditions, information, brand names and other contents of the dacore website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent of dacore.
Beyond the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular to the company name and to industrial property rights such as patents, utility models or brands, nor does dacore have any corresponding obligation to grant such rights.
The user is not allowed to use the dacore website:
dacore may block access to the dacore website at any time, especially if the user violates his or her obligations under these conditions.
The dacore website can contain hyperlinks to the websites of third parties. dacore does not assume any responsibility for the contents of these websites nor does dacore make these websites and their contents its own, since dacore does not control the linked information and is not responsible for the contents and information provided there. The use of these websites is at the sole risk of the user.
Insofar as information, software or documentation is provided free of charge, any liability for defects as to quality or title of the information, software and documentation, in particular 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 of wilful misconduct or fraudulent intent or in cases of death, personal injury or damage to health.
The information may contain general descriptions of technical possibilities of individual products, which need not always be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed in individual cases at the time of purchase.
The liability of dacore for material defects and defects of title is based on the provisions of these conditions. In all other respects, any liability on the part of dacore is excluded, insofar as there is no mandatory liability, e.g. due to intent, gross negligence, due to injury to life, body or health, due to the assumption of a quality guarantee, due to malicious concealment of a defect or due to the violation of essential contractual obligations. Compensation for damages due to the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless intent or gross negligence is involved.
Although dacore always strives to keep the dacore website free of viruses, dacore does not guarantee that it is virus-free. Before downloading information, software and documentation, the user will, for his or her own protection as well as for the prevention of viruses on the dacore website, ensure that appropriate security measures and virus scanners are in place.
A change in the burden of proof to the disadvantage of the user is not associated with the above regulations.
The export of certain information, software and documentation may - e.g. due to its nature or intended use or final destination - be subject to approval. The user will strictly adhere to the export regulations relevant to the information, software and documentation, in particular those of the EU or EU member states as well as the USA. dacore labels information, software and documentation with regard to the licensing requirements according to German, EU and US export lists.
The user will in particular check and ensure that
Access to software, documentation and information on the dacore website may only take place if it corresponds to the above-mentioned examination and assurance; otherwise dacore is not obligated to perform.
When collecting, using and processing personal data of the user of the dacore website, dacore observes the applicable data protection regulations and the dacore data protection policy.
Subsidiary agreements must be made in writing.
If the user is a merchant in the sense of the German Commercial Code, the place of jurisdiction is Fürth.
The dacore website is operated by and is the responsibility of companies located in Germany. dacore does not assume any responsibility for the fact that information, software and/or documentation from the dacore website may also be accessed or downloaded at locations outside of Germany. If users from outside of Germany access the dacore website, they are exclusively responsible for the compliance with the relevant regulations according to the respective national law. Access to information, software and/or documentation on the dacore website from countries in which such access is illegal is not permitted. German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.