2.1 This CodeWrights Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2 CodeWrights may stop the operation of the CodeWrights Web Site in full or in part at any time. Due to the nature of the internet and computer systems, CodeWrights cannot accept any liability for the continuous availability of the CodeWrights Web Site.
3.1 Some pages of the CodeWrights Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. CodeWrights reserve the right to deny registration to any User. CodeWrights particularly reserve the right to determine certain sites, which were previously freely accessible, subject to registration. CodeWrights 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 de-fined below), in particular if the User
3.2 For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to CodeWrights, 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 pass- word (“User Data”). On first access the User shall promptly change the password received from Code- Wrights 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 log- off 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 CodeWrights thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, CodeWrights 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 CodeWrights 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 CodeWrights will re- move all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.
4.2 CodeWrights 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 CodeWrights Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by CodeWrights 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.
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.
6.1 In accessing or using the CodeWrights Web Site the User shall not
The CodeWrights Web Site may contain hyperlinks to the web pages of third parties. CodeWrights 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 CodeWrights 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.
8.1 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 complete- ness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.2 The information on the CodeWrights 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.
9.2 Although CodeWrights makes every endeavor to keep the CodeWrights Web Site free from viruses, CodeWrights 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 intend- ed use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for in-formation, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. CodeWrights shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.
10.2 The User shall particularly check and verify that
Access such conforms with the above checks and guarantees. Where the User does not comply with the above, CodeWrights shall not be obliged to perform.
to software, documentation and information on the CodeWrights Web Site shall only take place if Upon request CodeWrights shall inform the User of the relevant contact points for further information.
12.1 Supplementary, side agreements or such like must to be executed in writing.
12.2 The place of jurisdiction shall be our place of business if the User is a merchant in terms of the Commercial Code.
12.3 The individual pages of the CodeWrights Web Site are operated and administered by CodeWrights. The pages comply with the law applicable in Germany. CodeWrights makes no representation that information, software and/or documentation on the CodeWrights Web Site are appropriate or available for viewing or downloading at locations outside of Germany. If Users access CodeWrights Web Site from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to CodeWrights Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with CodeWrights, the User should contact the CodeWrights representative for the particular country for country specific business.