Last updated: March 2013
Last updated: March 2013
1.1 On these internet pages (referred to in the following as the “Devoteam Alegri website”), Devoteam Alegri GmbH (“Devoteam Alegri”) provides specific information and software, along with documentation where appropriate, for download free of charge.
1.2 The Devoteam Alegri website is usually available 24 hours a day, seven days a week. Due to the nature of the internet and computer systems, Devoteam Alegri cannot warrant the uninterrupted availability of the Devoteam Alegri website. Devoteam Alegri is entitled to cease operation of the Devoteam Alegri website at any time.
1.3 Devoteam Alegri provides the software, documentation, and information for use by companies and public bodies exclusively. The user shall declare that when using the Devoteam Alegri website, it is acting as or on behalf of a company, i.e. practicing a commercial or independent professional activity, or on behalf of a public body. Section 312e, paragraph 1, clauses 1–3 of the German Civil Code shall not apply.
2. Rights of Use for Software, Documentation, and Information
2.1 The use of the downloaded software, documentation, and information shall be subject to these terms, or, in the case that software, documentation, or information is updated, it shall be subject to the pertinent terms of the license agreed upon with Devoteam Alegri previously. Terms of the license that were agreed upon separately shall take priority over these terms.
2.2 The user shall have the non-exclusive, non-transferable, and cost-free right to use the software, any associated documentation, and information provided to it in the agreed scope, or, if there was no agreement, in line with the purpose pursued by Devoteam Alegri in the context of the provision and transfer.
2.3 Machine-readable software is provided free of charge. Devoteam Alegri shall not be obliged to disclose the source code. This shall not apply to source codes of open source software whose license terms prescribe the disclosure of the source code, and which take precedence over these terms in the case that open source software is transfered. In this case, Devoteam Alegri shall provide the source code in exchange for a reimbursement of expenses.
2.4 Users shall not sell, rent out, or otherwise transfer neither the software, nor its documentation or information to third parties at any time. The user shall not change, reverse-engineer, or translate the software or its documentation, and shall not remove any components, unless such is allowed by law. The user may create a backup copy of the software if this copy is necessary for securing future use.
2.5 The software, documentation, and information are protected by both copyright laws and international copyright agreements, as well as by other laws and agreements on intellectual property. The user shall observe these rights, and, in particular, shall not remove alphanumerical identifiers, brands, and copyright notices from the software, documentation, or information.
2.6 Sections 69a ff. of the German Copyright Act shall remain unaffected.
3. Responsibilities of the User
3.1 While using the Devoteam Alegri website, the user shall not:
Inflict damage upon persons, minors in particular, or violate their personal rights;
Act in violation of morality;
Violate industrial property and copyrights or other property rights;
Assume a false identity with the intention of deception;
Pass on content with viruses, known as Trojan horses, hoax viruses, or other programming that may damage the software;
Enter, save, or transmit hyperlinks for which it is not authorized, in particular if these hyperlinks or their content violate confidentiality obligations or are against the law; or
Distribute advertisements or unsolicited e-mails (known as “spam”) or false warnings against viruses, malfunctions and the like, or encourage receivers to participate in sweepstakes, pyramid schemes, chain mail, Ponzi schemes, and comparable campaigns.
3.2 Devoteam Alegri is entitled to block access to the Devoteam Alegri website at any time, in particular if the user violates its responsibilities given in subsections 3.1, 7.1, or 8. Alegri shall not be liable for damage resulting from its blocking access to the website, except in cases where mandatory liability is applicable due to willful intent, gross negligence, or violation of fundamental contractual obligations.
The Devoteam Alegri website may contain hyperlinks to third-party websites. Alegri shall not assume any responsibility or warranties for the content of these websites, nor shall Alegri appropriate these websites. Users visit these websites at their own risk.
5. Liability for Legal and Material Defects
5.1 Provided that software, documentation, or information is provided free of charge, liability for material and legal defects of the software, documentation, and information, in particular with regard to their correctness, accuracy, freedom of third-party property rights and copyrights, completeness, and/or usability – with the exception of cases of willful intent or fraud – shall be excluded.
5.2 The information may contain general descriptions of technical possibilities of individual products, which may not always be available in each individual case. The desired features of the product shall therefore be specified upon purchase in each individual case.
6. Other Liability, Viruses
6.1 Devoteam Alegri’s liability for material and legal defects is based on the provisions set forth in subsection 5 of these terms. Incidentally, any liability on the part of Alegri is excluded, unless mandatory liability is applicable due to, e.g. willful intent, gross negligence, injury to life, body, or health, assumption of a guarantee of quality, fraudulent concealment of a defect, or violation of fundamental contractual obligations.
6.2 Although Devoteam Alegri endeavors to keep the Devoteam Alegri website free from viruses, Devoteam Alegri does not guarantee freedom from viruses. The user is therefore advised to provide its own suitable safety equipment and virus scanners prior to downloading software, documentation, and information. Likewise, the user shall use all suitable safety equipment and virus scanners to prevent the transmission of viruses to the Alegri website.
6.3 Alteration of the burden of proof to the disadvantage of the user is not connected to the above regulations in subsections 6.1 and 6.2.
7. Intellectual Property
7.1 Irrespective of the special provisions in subsection 2 of these terms, information, brand names, and other content from the Devoteam Alegri website shall not be altered, copied, duplicated, sold, rented out, used, added to, or utilized otherwise without the prior written consent of Devoteam Alegri.
7.2 With the exception of the rights of use expressly granted in these terms or other rights of any sort, in particular rights regarding the company name and industrial property rights such as patents, utility models, or brands, no further rights are granted, and Devoteam Alegri shall not be obligated to grant such rights on this basis.
8. Export Control
8.1 Due to their nature, purpose, or end-use, the export of specific software, documentation, and information may be subject to an authorization requirement. The user shall strictly observe the relevant export regulations of the EU or EU member states and the USA pertaining to the software, documentation, and information. Alegri shall mark software, documentation, and information with regard to authorization requirements according to German, European, and US export lists.
8.2 The user shall check and ensure in particular that
the software, documentation, and information provided is not used for any arms-relevant, nuclear, weapons-related, or any other military purpose;
no companies or persons on the US Denied Persons List (DPL) shall receive products of US origin, US software or US technology;
no companies or persons on the US-Warning List, US-Entity List, and US-Specially Designated Nationals List shall receive products of US origin without approval;
the early warning notices of the responsible German authorities are taken into account. Software, documentation, and information on the Alegri website shall be accessed only if it has been checked and ensured as described above, otherwise Devoteam Alegri is not liable.
8.3 Devoteam Alegri shall provide the user with the relevant contact points for further information upon request.
9. Data Protection
Provided that the use of the Alegri website or the provision of services by Alegri requires the user’s personal data to be stored and processed, Devoteam Alegri shall observe the regulations of the data protection acts.
10. Subsidiary Agreements, Place of Jurisdiction, Applicable Law
10.1 Subsidiary agreements shall be made in writing.
10.2 Provided that the user is a businessman as defined by the German Commercial Code, the place of jurisdiction shall be Munich.
10.3 German law shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply.