E-Commerce
1. Scope of Application of Terms of Use
2. Rights of Use
3. Copyright, Copyright Notices
4. Registration, Deletion
5. Users’ Obligations
6. Hyperlinks
7. Liability for Defects in Title and Material Defects
8. Liability
9. Export Controls
10. Asserting Claims
11. Data Protection
12. General Provisions
1. Scope of Application of Terms of Use
On the basis of these Terms of Use, NetCat SYSTEMS GmbH makes available via this website – i.e. at www.netcatsystems.de (“Website”) – diagrams, texts, pictures, data, photos, information, reports and other materials, etc. (“Information”), as well as providing access to the various services it offers, namely Online Order Tracking, Software License Reporting, the online shop NetCat SYSTEMS Connect, Call Logging, and other services (“Services”). These Terms of Use may also be supplemented, modified or substituted in individual cases, e.g. for certain services. Where applicable, your attention will be drawn to this prior to use.
On commencing to use this Website or the Services, you acknowledge the validity of these Terms of Use as revised at the time.
2. Rights of Use
Unless separate license terms are agreed for using certain Information, the following shall apply:
NetCat SYSTEMS grants you in perpetuity the non-exclusive, non-transferable right to use the Information provided on the Website – also in the context of Services, where applicable – in a manner that complies with the purpose for which NetCat SYSTEMS has provided it, but exclusively for pursuing your own personal or internal business purposes, and solely in accordance with the following paragraph.
The Information provided on the Website – also in connection with rendering Services, where applicable – may not be copied (except for storage once only on a data carrier and making one printout in each case), distributed to third parties or otherwise made available for third-party use, or used in connection with public addresses, performances or presentations. NetCat SYSTEMS reserves all the rights of exploitation protected under copyright law.
Use of the Website and the Services is subject to availability. At any time and without notice, NetCat SYSTEMS is entitled to discontinue operating all or part of the Website or all or any of the Services, to impose general restrictions on use of the Website or the Services, or to interrupt, terminate or temporarily block access to the Website or the Services. NetCat SYSTEMS may at any time alter or add to all or any of the content of the Website, including the Services
3. Copyright, Copyright Notices
The website including the software used in connection with providing the website and the Services as well as the Information contained on the website are protected under copyright law, international copyright contracts or other agreements. You are bound to heed the copyrights and other intellectual property rights. In particular, trademarks, copyright notices and other indications of protective rights may not be removed from the Information provided or any copies made of it.
4. Registration, Deletion
Some Services may be used by registered users only. No right to be registered by NetCat SYSTEMS exists. In particular, NetCat SYSTEMS reserves the right to impose an obligation to register for using pages on the website that were previously freely accessible. When registering, you are under obligation to provide true full particulars about your person or business (registration data), paying heed to any requirements specified by NetCat SYSTEMS, and to notify NetCat SYSTEMS in the event of any changes to the registration data. You must ensure that you receive the emails sent to the email address you have given.
If you wish to enable other persons to use pages or Services requiring registration, you may have these persons (“Users”) likewise registered in accordance with the requirements given on NetCat SYSTEMS’ registration form. Where applicable, NetCat SYSTEMS must be notified about any subsequent changes to your Users’ registration data.
You are responsible for ensuring that your Users fully comply with the obligations and restrictions imposed on yourself under these Terms of Use. Vis-à-vis NetCat SYSTEMS, you have unlimited liability for your Users’ conduct online and for their use of the Website and the Services, and in particular for the consequences of any illegal use or misuse by your Users of the Website or the Information provided there, or of any violation by said Users of the provisions contained in these Terms of Use.
On registering Users, you declare that you have their consent to disclose their personal data to NetCat SYSTEMS for registration purposes.
After registration, both you and your Users each receive a password from NetCat SYSTEMS along with the account name. You are under obligation to ensure that no third parties have access to your password and your account or to the passwords and accounts of the respective Users. You bear full responsibility for all acts done using your Users’ passwords or accounts, and for compliance with all reasonable measures for preventing unauthorized access by third parties (security measures). Moreover, you are under obligation to immediately notify NetCat SYSTEMS if you gain knowledge of any misuse of your own passwords and accounts or those of your Users, or of any failure to observe the security measures.
NetCat SYSTEMS shall not assume any liability for losses or damage sustained by yourself or your Users as a result of any breach of the obligations laid down in this Item 4.
Without specifying the reasons, you have the right to demand in writing at any time that the accounts and passwords of all or any of your Users be deleted.
Without specifying the reasons, NetCat SYSTEMS has the right on giving prior notice at any time to delete your account and your password or those of your Users, or to terminate any other use by yourself or your Users of the pages or Services for which registration is required. NetCat SYSTEMS shall make use of this right in particular if you or your Users do not use an account over a longer period of at least six weeks, or if you or your Users fail to comply with all or any of these Terms of Use. If it suspects that the registration data is false, incomplete, incorrect or no longer up-to-date, NetCat SYSTEMS may temporarily or permanently block or delete your account or your Users’ accounts and temporarily or permanently exclude you or your Users from using the pages or Services for which registration is required. NetCat SYSTEMS will notify you in advance about the imminent deletion of an account or about a temporary or permanent exclusion from usage.
5. Users’ Obligations
When using the website, the following in particular are prohibited:
infringing intellectual property rights and other protective rights held by third parties;
disturbing, impairing or interrupting the operation of the website including the Services, e.g. by transmitting anything containing viruses, Trojan horses or other programming elements which may harm the website;
placing or transmitting any content that is illegal or subject to an obligation to observe secrecy, or placing hyperlinks to websites where such content is to be found.
You undertake not to send NetCat SYSTEMS any confidential or copyright information via this website. You declare that none of the information you provide to NetCat SYSTEMS is subject to any non-disclosure obligations, and that no third-party protective rights are violated when such information is transmitted to or used by NetCat SYSTEMS. If there are any copyrights in the information, then you grant NetCat SYSTEMS the unrestricted and irrevocable right to use, reproduce, display, perform in public, broadcast, exploit and distribute such information and materials worldwide and free of charge. Moreover, you consent to NetCat SYSTEMS freely using any ideas, concepts and know-how that you or any individuals acting on your instructions provide to NetCat SYSTEMS.
6. Hyperlinks
This website may contain hyperlinks to the websites of third parties. NetCat SYSTEMS does not assume any responsibility for the content or availability of these websites. NetCat SYSTEMS does not adopt or avail itself in any way whatsoever of third-party websites and their content, because it has no control over the linked information, nor is it responsible for the content and information provided there. You use any such websites and the information contained there solely at your own risk. If you gain any knowledge of illegal content on linked websites, you are requested to immediately report this to NetCat SYSTEMS.
7. Liability for Defects in Title and Material Defects
NetCat SYSTEMS provides the website “as viewed”. Insofar as Information is provided free of charge or Services are offered free of charge, and except in cases of intent or gross negligence, liability is excluded for material defects and defects in title in the Information or Services, and in particular for their accuracy, integrity, correctness, reliability, exactitude, usability and quality, as well as for their being devoid of third-party protective rights and copyrights. In particular, NetCat SYSTEMS does not guarantee that the Services or the quality of the Information provided in connection with the Services meet your expectations or requirements. Nor does NetCat SYSTEMS assume any guarantee that the Website and the Services are available at all times without any interruptions or delays.
8. Liability
NetCat SYSTEMS’ liability for material defects and defects in title is determined by the provisions of Item 7 of these Terms of Use. In all other respects, NetCat SYSTEMS’ liability for losses and damage of whatsoever nature that you or your Users sustain in connection with using the Website or Services or as a result of their non-availability is excluded, except in cases where under product liability law we bear compulsory liability for intent or gross negligence, or for guaranteed quality characteristics, or for a breach of cardinal duty, or for mortal injury, bodily harm or health damage. NetCat SYSTEMS’ liability for a breach of cardinal duty is limited to affording compensation for typical damage foreseeable for NetCat SYSTEMS, unless intent or gross negligence apply.
In the event of any loss of data (including data you have transmitted), NetCat SYSTEMS’ liability is strictly limited to the time and costs required for restoring the data when it is stored at regular intervals, as may reasonably be expected, e.g. by making backups.
Although NetCat SYSTEMS constantly endeavors to keep the website free of viruses, this cannot be guaranteed. Before downloading any Information, you are required for your own sake to ensure that adequate safety precautions are in place and in particular that virus scanners are in operation.
9. Export Controls
Certain information may be subject to an export ban or require a special permit. You undertake to comply with the national and international regulations on exporting/re-exporting the Information that are relevant in each case.
10. Asserting Claims
Notwithstanding any shorter periods laid down by law, all and any claims arising from or in connection with use of the website including the Services must be asserted at the latest within twelve months of the end of the calendar year in which the aggrieved party acquired knowledge of the circumstances underlying the claim; otherwise asserting such claim is excluded.
11. Data Protection
When collecting, using and processing personal data, NetCat SYSTEMS complies with applicable data protection regulations.
12. General Provisions
NetCat SYSTEMS reserves the right to add to or amend these Terms of Use at any time. For each use of the Website and the Services, the Terms of Use as amended at the time shall apply.
NetCat SYSTEMS assumes no responsibility for Information on the website being provided for downloading in countries other than Germany.
German law applies exclusively, excluding CISG.
Venue for all and any disputes arising from or in connection with using the website is Kamen, if you are a merchant within the meaning of the Commercial Code [Handelsgesetzbuch].
This clause on venue also applies if you have no permanent business domicile or private residence in Germany, if you have relocated your business domicile or private residence abroad, or if your business domicile or private residence is unknown at the time when legal action is filed.
Revised: 2009
