The IMS has the software company for information and management systems of mbh (in the following "IMS"), Kamal str. 80, D-46539 Dinslaken
IMSware.Dashboard(Express) (in the following "dashboard")
developed as freeware. The user can download the dashboard to the following terms and conditions of the website of the IMS and use.
§ 1 Subject of the contract
The download and use of the dashboards are free for the user. With the download of the software and the consent of the user to these terms and conditions is an agreement between IMS and the user regarding the use of the dashboard. This contract is a R666 within the meaning of §§ 516 ff. BGB. Only the present terms and conditions apply. Other terms and conditions are not the content of the contract, even if IMS does not expressly contradict them.
The user receives the dashboard only in executable form. The source code is not passed. The dashboard contains may help integrated in the software. Additional documentation cannot pass the user.
Section 2 licence
IMS grants the user the non-exclusive and non-transferable right to use the dashboard itself and for its own purposes. Any use beyond, in particular processing, dissemination, making available to the public as well as in particular the hosted company in the sense of an ASP / SaaS licensing of dashboards - without profit - is without the prior written consent of IMS is not permitted. section 69 d UrhG remain unaffected. IMS may revoke the right to use com. par. 1 for an important reason. One important reason is especially if the user of the dashboards contrary to the provisions of paragraph 1 uses or otherwise violate these terms and conditions in a significant way.
§ 3 Material defects and legal defects, damages and reimbursement
IMS is only liable for material and legal defects of the dashboards, as far as IMS has fraudulently concealed such defect. In addition, IMS is liable only for intent and gross negligence. The plea of contributory negligence remains open IMS. The user shall in particular the obligation for data backup (backup) and to ward off malicious software according to the current state of the art.
§ 4 Statute of limitations
Claims for damages and reimbursement of expenses incurred in business traffic expire within one year from the commencement. Only the statutory limitation periods shall apply in cases of intent, gross negligence, injury of life, body and health and claims from the product liability Act. Only the legal statute of limitations rules apply when contracts with consumers.
§ 5 Data protection
IMS processes personal data of the user in accordance with the applicable data protection regulations and the data protection declaration of the IMS.
Section 6 final provisions
The user shall only with undisputed or legally established claims by IMS. Except in the scope of § 354 a HGB can the user claims arising from the agreement only with previous written by IMS to third parties cede. The user only during this contractual relationship is entitled to a right of retention or the plea of unperformed contract. Changes and additions to the agreement writing to be effective. E-Mail and fax are not sufficient. The written form requirement can be waived only in writing.
The law of the Federal Republic of Germany under exclusion of the UN purchase law shall apply. Exclusive place of jurisdiction for all legal disputes arising out of or in connection with this contract is the seat of the IMS for contracts with merchants.
IMS is also entitled to sue at the General place of jurisdiction of the user.
IMSware®is a registered trademark of IMS society for information and management systems mbH. All rights reserved.
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