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(as of December 2004)
|1.2||If the User uses this Hegel.net Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply..|
|2.1||This Hegel.net Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading..|
|2.2||Hegel.net may stop the operation of the Hegel.net Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Hegel.net cannot accept any liability for the continuous availability of the Hegel.net Web Site.|
Some pages of the Hegel.net Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Hegel.net reserves the right to deny registration to any User. Hegel.net particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Hegel.net is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
|3.2||For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its email address, as supplied to Hegel.net, is current at all times and an address at which the User can be contacted.|
|3.3||Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Hegel.net into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.|
|3.4||The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall logoff from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Hegel.net thereof without undue delay in writing, or, as the case may be, by email.|
|3.5||After receipt of the notice under paragraph 3.4, Hegel.net will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Hegel.net or upon new registration.|
|3.6||The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Hegel.net will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.|
|4.||Rights of Use to Information, Software and Documentation|
|4.2||Hegel.net grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Hegel.net Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Hegel.net in making same available.|
|4.5||The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to 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, or any copies thereof.|
|4.6||§§ 69a et seq. of the German Copyright Law shall not be affected hereby.|
|5.2||Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.|
|6.||Duties of the User|
In accessing or using the Hegel.net Web Site the User shall not
|The Hegel.net Web Site may contain hyperlinks to the web pages of third parties. Hegel.net shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Hegel.net does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.|
|8.||Liability for defects of title or quality|
|8.1||Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially 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 involving willful misconduct or fraud.|
|8.2||The information on the Hegel.net Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.|
|9.||Other Liability, Viruses|
|9.2||Although Hegel.net makes every endeavor to keep the Hegel.net Web Site free from viruses, Hegel.net cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.|
|9.3||§§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.|
|10.1||The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Hegel.net shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.|
The User shall particularly check and verify that
|10.3||Upon request Hegel.net shall inform the User of the relevant contact points for further information.|
|11.||Data Privacy Protection|
|12.||Supplementary Agreements, Place of Jurisdiction, Applicable Law|
|12.1||Any supplementary agreement requires the written form.|
|12.2||The place of jurisdiction shall be Munich (Germany) if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).|
|12.3||The individual pages of the Hegel.net Web Site are operated and administered by Hegel.net and/or its affiliates. The pages comply with the law applicable in the country where the responsible administrator has its residence. Hegel.net makes no representation that information, software and/or documentation on the Hegel.net Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Hegel.net Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Hegel.net Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User otherwise seeks to get in contact with Hegel.net, the User should contact Hegel.net, c/o Kai Froeb, Kleinstr.10, D-81379 München, Germany.|
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