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Agreement
You agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect to the OGIS GmbH
("OGIS", "us", "we", or "our") Site. By using the Site you represent
that you have read, understood and accepted these Terms and
agree to be bound by them. Your use of the Site will be deemed
to be acceptance by you of these Terms in their entirety. If
you do not agree to these Terms, and to be bound by any changes
to them in future, please do not use the Site.
Eligibility
Under the terms of a Business Subscription (Corporate, Non-Profit,
Public Library, or Academic), access to OGIS premium content
is only available to a named user, unless otherwise noted. A
user is defined as a single, named individual within the Client's
enterprise who completes the Business Subscription registration
process, providing all requested information. Should additional
users be required, Client must notify OGIS acccordingly and
complete registrations for such users. The Client's Business
Subscription is specific to the users designated and is not
a concurrent-use license. Individually registered passwords
cannot be shared beyond the maximum number of users purchased.
In the event that OGIS determines that Client has exceeded the
designated number of users purchased, Client will have 30 days
to remedy, either by upgrading its license to the level of users
required, or by limiting access to the number of users purchased.
OGIS reserves the right to suspend or terminate Client's access
immediately, without further notice or refund, if violation
of these Terms and Conditions continues.
The Client agrees to provide complete and true information about
the Client upon subscription and registration. If there are
any changes to the information, it is the sole responsibility
of the Client to notify OGIS immediately. If it is discovered
that the information given by the Client is false and/or incomplete,
then OGIS reserves the right to immediately suspend or terminate
the Client's Business Subscription.
The Client is responsible for any and all activity under the
Business Subscription, as well as for maintaining the confidentiality
of and the use of user names and/or passwords. OGIS cannot be
held liable for any loss or damage if the Client does not comply
with these Terms and Conditions.
The information available through the Service is the property
of OGIS, or its licensors, and is protected by copyright and
other intellectual property laws. Information received through
the Service may be displayed and printed for the Client's in-house
use only. Client agrees not to reproduce, retransmit, photocopy,
distribute, disseminate, publish, broadcast or circulate the
information received through the Service to anyone, directly
or indirectly, outside of the Client's company or organization
without the express prior written consent of OGIS Client agrees
to communicate such restrictions on use to all individuals within
its organization who will have access to the Service. If Client
wishes to distribute copies of certain information received
through the Service to its customers on a limited basis, Client
must obtain a OGIS Commercial Redistribution License.
OGIS retains the right to monitor all accounts to ensure quality
and compliance with these Terms and Conditions. Any violation
of these terms may result in immediate suspension and/or termination
of the Client's Business Subscription, without refund.
The Service includes facts, views, opinions, and recommendations
of individuals and organizations deemed of interest. OGIS, does
not guarantee accuracy, completeness, or timeliness, or otherwise
endorse any views, opinions, or recommendations, give investment
advice, or advocate the purchase or sale of any security or
investment.
Posting of information
Posting of information on this Site does not guarantee the accuracy,
ownership, or availability of the technologies, technological
requests, products, services or events, nor the identities or
the qualifications of the users on the system. While such information
is believed to be posted in good faith, you are responsible
to verify the accuracy of such information as part of your negotiations
with other users. You agree to look solely to the information
provider for any claims you may have regarding their postings.
Because we are not involved in user-to-user dealings, if you
have a dispute with another user or information provider, you
release us from all claims of any kind arising out of such disputes.
If you are a California resident, you waive California Civil
Code section 1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with
the debtor."
Your Information
Any information you provide to us is subject to the following:
| a. |
You are solely responsible for the content
of your information, and we act merely as a conduit for
its online distribution and publication. However, we reserve
the right to take any action with respect to such information
we deem necessary or appropriate in our sole discretion
(including editing and removal) if we believe it is inappropriate
for the Site, may create liability for us, or may cause
us to lose (in whole or in part) the services of our suppliers. |
| b. |
You agree that your information posted to
the site will be accurate and will not infringe any third
party's copyright, trademark or other proprietary rights
or rights of publicity or privacy; violate any law or
regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising); nor be defamatory,
libellous, unlawfully threatening or unlawfully harassing. |
| c. |
You grant us the non-exclusive, world-wide,
royalty-free right to publish the information you provide
to the Site, including the descriptions of any technologies,
technological requests, products, services and events
posted on the Site. We will only use your information
in accordance with our Privacy Policy. |
Fees
The use of the Site is free. Current fees for posting information
on this site are specified in our Pricing Infos. We reserve
the right to change our fees at any time. Unless otherwise stated,
all fees are quoted in Euro. Fees will only be charged online
by Credit-Card payment. You are responsible for paying all applicable
taxes.
Warranty
It may happen that the access to our website and/or the proper
representation of your order is impaired caused by technical
problems of third parties that are out of the sphere of influence
of OGIS, such as for example (but not limited to) the use of
an inappropriate software for the representation and/or hardware
(for example a browser), by troubles in the communication network
of other operators, computer failure at internet providers or
online services, by incomplete and/or not actualised offers
on so-called proxy servers (intermediate memories) of commercial
and/or non-commercial providers and online services.
OGIS reserves the right, to interrupt the accessibility of the
internet pages of OGIS for the purpose of maintenance or repairs.
OGIS will try to execute these works during noon time (MEZ).
OGIS guarantees best possible publication of your order according
to the respective actual state of art. For orders placed or
modifications informed about via telephone, OGIS is not responsible
for the correctness of their publication.
You understand that your complaints against OGIS have to be
in writing. In case OGIS is responsible for the fault, OGIS
will make use of its contracted right to rework or to eliminate
this fault.
Applicable Law
You agree that the laws of the Federal Republic of Germany will
govern these Conditions of Use and the full connection of duties
between the parties, under exclusion of the UN-sales laws. If,
within these conditions, an agreement is to be confirmed in
writing, it is understood that the sending of an email message
fully corresponds to these requirements.
Insofar the contract partner of OGIS is a merchant according
to the Federal Commercial Law, or is a legal person of the Public
Right or of a public legal Separate Property, it is acknowledged
and agreed that Düsseldorf is only place of jurisdiction for
all disputes arising directly or indirectly out of the contract.
Even if one of the clauses of these General Business Conditions
is or becomes invalid, this does not influence the validity
or application of all other conditions.
Disclaimer
THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON
OR AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, VIDEO, AUDIO, AND HYPERLINKS, ARE PROVIDED ON
AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, OGIS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS.
IN ADDITION, OGIS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
NEITHER COURSE OF CONDUCT NOR TRADE USAGE SHALL ACT TO ALTER
OR MODIFY THESE TERMS AND CONDITIONS. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
OGIS GmbH
February 2004
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