Schüco International KG (hereafter: “Schüco”) operates an online portal called “My Workspace” for the fabricators of products from companies of the Schüco Group (hereafter “fabricators”). This online portal provides fabricators with Schüco catalogues, product information (hereinafter referred to as “content”), databases and various software tools and software available online for management and presentation of the content and data (both software elements hereinafter referred to as “software”) for the purpose of facilitating the work with, the referencing of, the updating of and the planning of and with Schüco products via the Internet. The Schüco group includes all companies associated with Schüco in accordance with Sections 15 et seq. of the German Stock Corporation Act and which participate in the online portal.
Schüco enables the user, the fabricator appointed by him, to gain access to the online portal referred to as “My Workspace” via the web address www.schueco.com (hereafter “online portal”) and to use it on the basis of these General Conditions of Use.
These General Conditions of Use shall apply for all content, software and/or databases made available by Schüco via the online portal, unless separate conditions of use exist for content, software and/or databases. Should separate conditions of use apply for content, software and/or databases, these should be given priority in relation to these General Conditions of Use.
To be able to use the online portal, the user is initially required to make a corresponding request. As the user, he shall make a request for approval on behalf of his employer, the fabricator (hereafter referred to as the “user”). The request form is made available on the Internet by Schüco. The requesting user must specify his email address at the site of the fabricator in the request. Upon submission of the request, the user declares himself in agreement with the validity of these General Conditions of Use.The user shall assure that he is authorised to act in the name of and on behalf of the fabricator, particularly when it comes to making any declarations of intent. When using the portal, the user shall also act as a vicarious agent of the fabricator.
Schüco shall examine the above request in a timely manner. If this request is satisfied, the user specified in the request shall receive the message by email that access has been established for the fabricator and may be used by him.
The access data must be treated in a strictly confidential manner and must not be passed on to third parties. In the event that third parties gain knowledge about the access data, Schüco must be immediately notified.
Schüco is entitled to block access if access data has been entered incorrectly three times, or if access has not been used in three months.
The user is, on behalf of his fabricator, entitled to use content, software and/or databases from the online portal for the purpose of facilitating the work with, the referencing of and/or marketing of, the updating of and the planning of and with Schüco products. Furthermore, any other use of databases, software and/or content beyond the use regulated in sentence 1 of this clause 3.1 is prohibited.
Schüco exclusively owns all rights (particularly all items protected by copyright and related protective rights, including the rights of the database manufacturer, as well as all other rights including the legal positions of the supplementary protection of rights under copyright law) relating to content, databases and software available online.
Schüco shall transfer to the fabricator the non-exclusive and non-transferable right to use the content and/or databases available online within the framework of customary use of the online portal for the purposes mentioned in clause 3.1. Every act of copying, saving to files, electronic data processing equipment and/or storage media of any kind and/or passing on of the databases and/or content, with the exception of the intermediate storage onto the main memory or hard drive of the fabricator, which is technically required during the normal retrieval process, is not permitted without the express consent of Schüco. Furthermore, the user shall be responsible for ensuring that third parties do not gain access to the databases and/or content “irrespective of their means”.
The following deviating provisions apply for tender texts: Tender documents may be used provided that these are used with Schüco products for a call for tenders. Modification of the tender texts for this purpose is permitted. This does not apply if characteristic features are affected by this. These must not be modified.
For software that the fabricator uses via the online portal and/or stores on his computer, Schüco shall transfer a simple, non-transferable right to the fabricator for the use of software for the purposes mentioned in clause 3.1.
Every change, adaptation, division/separation or other modification to the databases, content and/or software (including modification by means of add-on programmes, translation, retrogression, decompiling, disassembly or linking with other software and/or other data or databases) is not permitted; Section 69e of the German Copyright Act shall remain unaffected. The content, databases and/or software must not be sold, leased, sub-licensed or otherwise made available to third parties in return for payment, or otherwise put to commercial use. A violation of these provisions shall entitle Schüco to cancellation without notice and shall result in the obligation to provide compensation, among other obligations (Section 97 of the German Copyright Act); furthermore, a violation of this kind may also be punishable by law (Sections 106, 107, 108, 108a, 108b of the German Copyright Act).
4. User obligations
So that the online portal can function with a large number of users, its specified rules must be adhered to. The user is obliged to observe the rules listed below in clause 4. The fabricator must ensure that the user adheres to the rules listed in clause 4.
The online portal and its applications may only be used for the purposes listed in clause 3.1 sentence 1. Any use of the online portal aimed beyond these purposes is prohibited.
Disruptive interferences with the online portal are prohibited. It is especially prohibited to take any measures which may lead to an excessive burden on the online portal or unreasonable inconvenience to other users.
Any kind of electronic attacks on the online portal (including all hardware and software used for the operation of the online portal) or on individual users is prohibited. The measures listed below are considered to be electronic attacks of this nature:
- Hacking attempts, i.e. attempts to override, bypass or invalidate the security mechanisms of the online portal,
- the use and/or dissemination of viruses, worms and Trojans,
- brute force attacks,
- Other measures or processes which interfere with the online portal in a disruptive manner, including all hardware and software for the operation of the online portal, and/or could cause harm to Schüco or other users.
The release of content relevant for criminal prosecution or which breaches third party rights by the user is prohibited. The use of the online portal for violations of competition and/or antitrust law is also prohibited.
The contractually agreed use of the online portal may be cancelled by either party with a notice period of 2 weeks. The right to cancellation for good cause according to Section 314 of the German Civil Code shall remain unaffected. All cancellations must be made in text or written form.
Schüco reserves the right to make changes to the provisions of these General Conditions of use at any time and without giving reasons for doing so, in consideration of the requirements presented below in clauses 6.1.1 to 6.1.3 inclusive.
All changes to the description of the subject matter of the contract according to clause 3 of the General Conditions of Use are excluded from the above power to make changes. Schüco shall notify the user of possible changes to and/or deviations from the service promised and provide the user with a continuation of the user relationship in accordance with the changing conditions if the interests of the user are affected as a consequence of these changes and/or deviations.
Other modified provisions not contained in clause 6.1.1 shall be communicated to the user by email and/or letter and/or within the framework of the online portal prior to their entry into force. If the user does not object to the validity of the new General Conditions of Use within six weeks following receipt of the email, the modified General Conditions of Use shall be considered accepted. Schüco shall undertake to make the user separately aware of the significance of the six-week deadline (particularly the fact that the modified General Conditions of Use are considered to be accepted by the user if these are not objected to within the deadline after receipt of the new General Conditions of Use).
Should the user object to the validity of the new General Conditions of Use within the deadline specified in clause 6.1.2, Schüco shall remain authorised to properly cancel the contractual relationship with the client with a deadline of fourteen days.
For the purposes of fulfilment of the contract and, therefore, for the rendering of the contractually due service by Schüco, Schüco may also use third parties as so-called vicarious agents.
Third parties may, in whole or in part, enter into the rights and obligations which result for Schüco due to this contract in lieu of Schüco, subject to an advance notice period of one month. In such a case, the user is authorised to withdraw from the contract through cancellation of the contractual relationship with Schüco without providing reasons for doing so.
The present General Conditions of Use and the contractual relationships between Schüco and the fabricator are governed exclusively by the laws of the Federal Republic of Germany.
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