Schüco International KG (hereinafter referred to as “Schüco”) operates an online portal under the name of “My Workplace” for fabricators of products from companies of the Schüco Group (hereinafter referred to as “Fabricators”). This online portal makes available to fabricators the content of Schüco manuals, product information (hereinafter referred to as “Content”), databases and various software tools and software for administration and displaying content and data (both software elements are hereinafter referred to as “Software”) via the internet to facilitate their work through the use of, procurement of, updating of, and planning of and with Schüco products. The Schüco Group is to be understood as all companies with which Schüco is affiliated as defined in Section 15 ff. of the German Companies Act (Aktiengesetz) and which participate in the online portal.
1. General 1.1
Schüco allows the user to access the online portal under the name “My Workplace” at www.schueco.com (hereinafter referred to as “Online Portal”) on behalf of the Fabricator named by the user and its usage on the basis of these General Conditions of Use.
1.2
These General Conditions of Use apply to all Content, Software and/or databases that Schüco makes available via the Online Portal to the extent that special conditions of use to do not apply to said Content, Software and/or databases. If special conditions of use apply to Content, Software and/or databases, these take precedence over these General Conditions of Use.
2. Access
2.1
To be able to use the Online Portal, an appropriate application from the user is first required. They submit a user application for their employer, the Fabricator, to approve (hereinafter referred to as “User”). Schüco provides the application form electronically on the internet. The user submitting the application must provide the e-mail address of the Fabricator as part of the application. By submitting the application, the user agrees to abide by these General Conditions of Use.
The users affirms that they are authorised to act in the name of and on behalf of the Fabricator, in particular when they make declarations of intent for the Fabricator. When using the portal, the user also acts as a vicarious agent of the Fabricator.
2.2
Schüco shall review the above-mentioned application in a timely manner. If this is complied with, the user indicated in the application will receive notification by e-mail that access for the Fabricator has been set up and can be used by them.
2.3
The access data must be treated as strictly confidential and must not be forwarded to third parties. In the event that a third party obtains knowledge of the access data, Schüco must be informed without delay.
2.4
Incorrectly entering the access data three times or not using the access for three months entitles Schüco to block access for the user in question.
3. Use
3.1
The User is authorised on behalf of their Fabricator to use the Content, Software and/or databases of the Online Portal to facilitate their work through the use of, procurement and/or sale of, updating of, and planning of and with Schüco products. All other use of databases, software and/or content beyond the use stipulated in sentence 1 of Point 3.1 is not permitted.
3.2
All rights (in particular all items subject to copyright protection and related protective laws including the right of the database provider and all other rights including the legal status of supplementary law on industrial property and copyright protection) relating to the online Content, databases and Software belong solely to Schüco.
Schüco provides the Fabricator with the non-exclusive and non-transferable right to utilise the Content and/or databases that can be accessed online as part of the standard use of the Online Portal, for the purposes described in Point 3.1. Every act of copying, saving to files, electronic data processing systems and/or storage media of any type and/or passing on of Software and/or databases and/or Content with the exception of buffering in the main memory as part of the normal access process or to the hard disk of the Fabricator is not permitted without the express permission of Schüco. The user shall also ensure that third parties “regardless of method” cannot access the Software and/or databases and/or Content.
For specification texts, the following special provisions apply: specification documentation may be used to the extent that this is in support of a specification using Schüco products. Alteration of specification texts for this purpose is permitted. This does not apply if this alteration relates to the qualities of the Schüco products. These cannot be changed.
Schüco provides the Fabricator, for Software which it uses via the Online Portal and/or stored on its computer, with a basic, non-transferable right of use to use the Software for the purposes described in Point 3.1.
No change, revision, splitting/separation or other modification of databases, Content and/or Software (including modification by means of add-on programs, translation, reverse engineering, decompiling, disassembly or linking to other Software and/or other data or databases) is permitted; § 69e UrhG is not affected. The Content, databases and/or Software may not be sold, hired, re-licensed or made available to third parties for a consideration or commercially exploited in any way. Infringement of these regulations entitles Schüco to cancel the agreement without notice and obliges them to seek compensation (§ 97 UrhG) among other redress; such an infringement can also result in prosecution (§§ 106, 107, 108, 108 a, 108b UrhG).
4. User obligations
To enable the Online Portal to function with its large number of users, they must comply with certain rules. The user is obliged to observe the rules listed under Point 4 below. The Fabricator must ensure that the user observes the rules listed in Point 4.
4.1
The Online Portal and its applications may only be used for the purposes stated in the first sentence of Point 3.1. Any usage which aims to make use of the Online Portal above and beyond these purposes is not permitted.
4.2
4.2.1
Disruptions to the Online Portal are forbidden. In particular, taking measures which could lead to an undue burden being placed on the Online Portal or to unacceptable harassment of other users is not permitted.
4.2.2
Electronic attacks of any kind on the Online Portal (including all of the hardware and Software used in the running of the Online Portal) or on individual users are prohibited. The measures listed below, among others, are considered to be electronic attacks: - Hacking attempts, i.e. attempts to overcome, circumvent or otherwise override the security mechanisms of the online portal
- The use and/or circulation of viruses, worms, trojans and other harmful files
- Brute force attacks
- Other measures or methods which may disrupt the Online Portal, including all of the hardware and Software used in the running of the Online Portal and/or which may harm Schüco or users.
4.2.3
The submission by the user of Content which is illegal or which breaches the rights of a third party is not permitted. The use of the Online Portal for violations of competition law and/or antitrust law is also prohibited.
5. Termination
The contractually agreed use of the Online Portal can be terminated by either party subject to a notice period of 2 weeks. The right to termination for a compelling reason in accordance with Section 314 of the German Civil Code (Bürgerliches Gesetzbuch) remains unaffected. Any notice of termination must be served in text form or in writing.
6. Other
6.1
Schüco reserves the right to amend the provisions of these General Conditions of Use at any time and without providing reasons whilst observing the conditions outlined below under Point 6.1.1 up to and including 6.1.3.
6.1.1
The above authority to make changes expressly does not include any changes to the description of the subject of the contract in accordance with Point 3 of the General Conditions of Use. Schüco shall therefore notify the user of any changes and/or deviations from the services promised and offer them continuation of the usage relationship under the amended conditions if the interests of the user are adversely affected as a consequence of the changes and/or deviations.
6.1.2
The user shall be notified of other amended provisions which are not covered by Point 6.1.1 by e-mail and/or letter and/or within the Online Portal before they take effect. If the user does not object to the validity of the new general conditions of use within six weeks following receipt of the e-mail, the amended general conditions of use are considered to have been accepted. Schüco is obliged to separately make the user aware of the significance of the six week period (drawing particular attention to the fact that the amended General Conditions of Use will be considered to have been accepted by the user if they do not object to the new General Conditions of Use within this period following receipt of the e-mail).
6.1.3
If the user objects to the validity of the new General Conditions of Use within the period cited under Point 6.1.2, Schüco remains entitled to effect standard termination of the contractual relationship with the customer with a notice period of 14 days.
6.2
For the purpose of fulfilling the contract and thereby of providing the service owed by Schüco under the contract, Schüco may also employ third parties as so-called vicarious agents.
6.3
Third parties may enter into the rights and obligations resulting from this contract for Schüco in part or in full in place of Schüco subject to an advance notice period of one month. In such a case, the user is entitled to withdraw from the contract by terminating the contractual relationship with Schüco without giving any reason.
6.4
The law of the Federal Republic of Germany applies exclusively to these General Conditions of Use and the contractual relationships between Schüco and the fabricator.
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