Terms and conditions for using the Collenda website and freely downloading the software
1.1 On this website (hereinafter referred to as: “Collenda website”), Collenda GmbH (“Collenda”) makes specific information and software, and documentation as required, available for free download.
1.2 In general, the Collenda website is available 24 hours a day, seven days a week. Due to the nature of the internet and computer systems, Collenda does not accept any liability for the uninterrupted availability of the Collenda website. Collenda is entitled to discontinue the operation of the Collenda website at any time.
1.3 Collenda provides the software, documentation and information for the exclusive use of companies and public bodies. The user declares that by using the Collenda website, they are acting as or on behalf of a company, i.e. exercising a commercial or independent professional activity, or on behalf of a public body. § 312e, Paragraph 1, Page 1, No. 1 – 3 of the German Civil Code does not apply.
2. Right to use software, documentation and information
2.1 The use of downloaded software, documentation and information is subject to these conditions, or, in the event of software, documentation or information updates, the applicable license conditions previously agreed with Collenda. Separately agreed license conditions shall take precedence over these terms and conditions.
2.2 The user shall have the non-exclusive, non-transferable, and free right to use the software provided to them, the associated documentation and information – where available – to the extent agreed or, in the event of no such agreement, in accordance with the purpose intended by Collenda when providing and granting access to the information.
2.3 Software shall be provided free of charge in electronic form. The user is not entitled to disclose the source code. This does not include the source code for open source software, whose license conditions require that the source code is disclosed, and take precedence over these conditions in the event of open source software being transferred. In this case, Collenda shall make the source code available against reimbursement of its costs.
2.4 Neither the software nor its documentation or information may be distributed, leased or transferred in any other way to any third party by the user at any time. The user is not permitted to change, reverse engineer or decompile the software or its documentation, or extract any parts thereof, unless the law requires otherwise. The user may make a backup copy of the software, if this copy is required to safeguard future use.2.5 The software, documentation and information are protected by copyright law and international copyright treaties, as well as other laws and agreements concerning intellectual property. The user shall observe such laws, and shall in particular refrain from removing any alphanumeric code, trademarks and copyright notices from the software, documentation or information.
2.6 §§ 69a et seq. of the German Copyright Act remain unaffected.
3. User’s obligations
3.1 When using the Collenda website, the user may not: • harm or infringe the personal rights of individuals, especially minors; • offend public decency by their conduct; • infringe any intellectual property rights or other proprietary rights; • give a false identity for the purpose of misleading others; • send content containing viruses, so-called trojans, hoax viruses, or any other programme that could damage the software • enter, save or send hyperlinks or content, to which they are not entitled, particularly if such hyperlinks or content are in breach of confidentiality obligations, or are unlawful • distribute advertising or unsolicited e-mails (“spam”) or inaccurate warnings about viruses, defects or similar, or solicit participation in any competitions, pyramid schemes, chain letter, pyramid game or similar promotions.
3.2 Collenda may deny access to the Collenda website at any time, particularly if the user breaches any of their obligations under Sections 3.1, 7.1 or 8. Collenda is not liable for any damage resulting from blocked access, except in cases of wilful misconduct, gross negligence or a breach of significant contractual obligations, where liability is mandatory.
The Collenda Website may contain hyperlinks to third party websites. Collenda accepts no liability or responsibility for the content of these websites, nor does Collenda adopt these websites as its own. Their use is at the user’s own risk.
5. Liability for defects in title and quality
5.1 If software, documentation or information is provided free of charge, any liability for defects in title and quality of the software, documentation and information is hereby excluded, particularly regarding its accuracy, correctness, freedom from third party intellectual property rights and copyright, completeness and/or usability – except in cases of wilful misconduct or malice.
5.2 The information may contain general descriptions of the technical capabilities of individual products which may not always be present in individual cases. The desired features of the products are therefore specified in each individual case at the time of purchase.
6. Other liabilities, viruses
6.1 Collenda’s liability for defects in title and quality is governed by the provisions of Section 5 of these terms and conditions. Any other liability on the part of Collenda is excluded, except in cases of wilful misconduct, gross negligence, injury to life, limb or health, the provision of a guarantee of quality, fraudulent concealment of a defect or breach of significant contractual obligations, where liability is mandatory.
6.2 Although Collenda always endeavours to keep the Collenda website free of viruses, Collenda does not guarantee that the website is virus-free. The user is therefore advised to take reasonable security measures and install virus scanners before downloading any software, documentation and information. The user shall also take all reasonable security measures and use virus scanners to avoid transmitting any viruses to the Collenda website.
6.3 Any change in the burden of proof to the detriment of the user is not associated with the above-mentioned provisions in Sections 6.1 and 6.2.
7. Intellectual property
7.1 Notwithstanding the specific provisions in Section 2 of these terms and conditions, information, brand names and other content of the Collenda website may not be altered, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written permission of Collenda.
7.2 No further rights shall be granted, nor shall any duty be implied for Collenda to grant such rights, apart from the rights of use expressly granted in these terms and conditions, or other rights of any kind, in particular rights to the company name and intellectual property rights, such as patents, utility models or trademarks.
8. Export control
8.1 The export of certain software, documentation and information may be subject to authorisation – for example, due to its nature, intended use or final destination. The user shall strictly adhere to the export regulations of the EU or EU member states and the USA which are applicable to the software, documentation and information. Collenda identifies software, documentation and information with regards to the licensing requirements under German, European and US export lists.
8.2 The user shall in particular check and ensure that: the provided software, documentation and information are not used for purposes associated with armaments, nuclear technology, weapons or any other military use; no goods software or technology originating from the US are received by companies or persons who are listed in the US Denied Persons List (DPL); no products originating from the US are received by companies or individuals listed in the US Warning List, US Entity List or US Specially Designated Nationals List without authorisation; the early warning signs of the respective German authorities are observed. Access to software, documentation and information on the Collenda Website is only permitted if they meet the above checks and guarantees, otherwise Collenda is not obliged to provide the service.
8.3 Upon request, Collenda will provide the user with the relevant contacts for further information.
9. Data privacy
If the use of the Collenda website or the provision of services by Collenda requires the storage and processing of the user’s personal data, Collenda will comply with the provisions of the data protection laws.
10. Supplementary agreements, place of jurisdiction, applicable law
10.1 Any supplementary agreements must be made in writing.
10.2 If the user is a trader according to the German Commercial Code, the place of jurisdiction is Neuss.
10.3 German law applies to the exclusion of the UN Sales Convention.
(As at: 27.12.2011)