(as of: September 2008)
1. Scope of application
To use the web pages (hereinafter: "designaffairs website") provided by the designaffairs GmbH (hereinafter: "designaffairs") shall exclusively be allowable on the basis of these terms.
In case the user acts as or on behalf of a company, i.e. exercising a commercial or self-employed professional activity, or on behalf of a public corporation when using the designaffairs website, § 312e para. 1 clause 1 no. 1 - 3 of the German Civil Code shall not be applicable.
On the designaffairs website, designaffairs provides certain information and software, where required including the documentation, to be recalled or downloaded.
designaffairs shall be entitled to take parts of or the entire designaffairs website out of service at any time. Due to the nature of the internet and of computer systems, designaffairs shall not warrant the continuous availability of the designaffairs website.
4. Rights to use information, software, and documentation
The use of the information, software, and documentation provided on the designaffairs website shall be subject to these terms, or in case that information, software, or documentation is updated, subject to the relevant terms of license which were previously already agreed with designaffairs. Separately agreed terms of license shall have priority over these terms.
designaffairs entitles the user on a non-exclusive and non-transferable basis to use the information, software, and documentation provided on the designaffairs website within the agreed scope, or in case nothing was agreed, in a way that complies with the purpose intended by designaffairs with the provision of such.
Software is provided free of charge in a machine-readable form. The user shall not be entitled to claim the disclosure of the source code. This excludes source codes of open source software, if its terms of license, which have priority over these terms in case that open source software is passed on, stipulate the disclosure of the source code. In such a case, designaffairs will provide the source code against expense reimbursement.
The user shall not be allowed to sell or lease information, software, or documentation or make them available in any other form to third parties at any time. Unless mandatory legislation permits otherwise, the user may neither modify, reconvert, nor decode the software or its documentation nor extract program elements. The user may create a backup copy of the software, if such copy is required to ensure the future use.
The information, software, and documentation protected by copyright law and international copyright agreements as well as other laws and agreements on intellectual property. The user shall respect these rights, and in particular shall not remove alphanumeric identifications, brands, and copyright notations neither from information nor software nor documentation.
Apart from that, §§ 69a et seq. German Copyright Act shall remain unaffected.
5. Intellectual property
Notwithstanding the special provisions under clause 4 of these terms as above, information, brand names, and other contents of the designaffairs website may not be modified, copied, duplicated, sold, leased, used, supplemented, or otherwise exploited without the prior written authorization by designaffairs.
Except for the rights of use and other rights expressly conceded to the user within the scope of these terms, the user shall not be conceded any other rights of any nature whatsoever, in particular to the business name and industrial property rights such as patents, utility patterns, or brands; neither shall designaffairs have any obligation to concede any such rights.
6. User’s duties
When using the designaffairs website, the user may not:
cause damage to persons, in particular minors, or infringe their personal rights;
infringe ethical principles with his behavior;
violate industrial and intellectual or any other property rights;
forward contents containing viruses, so-called Trojans, or any other programming that could cause damage to the software;
enter, save, or send hyperlinks or contents, which he is not authorized to, particularly if such hyperlinks or contents violate obligations of secrecy or are unlawful; or
spread advertisement or unrequested e-mails (so-called "spam") or inapplicable virus or failure warnings and the like or invite other users to participate in competitions, pyramid schemes, chain letters, multilevel selling, and similar activities.
designaffairs shall be entitled to block the access to the designaffairs website at any time, in particular if the user breaches his duties resulting from these terms.
The designaffairs website may contain hyperlinks to third party websites. designaffairs shall neither assume any responsibility for the contents of such websites nor shall designaffairs adopt such websites and their contents as its own, as designaffairs has no control over the linked information and is not responsible for the contents and information provided on such websites. The user may use such websites on his own risk.
8. Liability for material defects and defects of title
In case that information, software, or documentation is provided free of charge, the liability for material defects and defects of title of the information, software, and documentation shall be excluded, in particular with regard to their correctness, accuracy, exemption from third-party property and copyrights, completeness, and/or applicability, except in case of intent or fraudulent intent as well as in case of injuries to life and limb.
The information may contain general descriptions of technical features of individual products, which need not be available in individual cases (e.g. because of product changes). The required characteristics of the products shall therefore be agreed separately upon purchase.
9. Other liability provisions, viruses
The liability of designaffairs for material defects and defects of title is based upon the provisions specified in clause 8 of these terms as above. Any liability of designaffairs shall be furthermore excluded, except for cases where there is mandatory liability resulting from e.g. intent, gross negligence, injuries to life and limb, the assurance of warranted properties, fraudulent concealment of a defect, or the violation of fundamental contractual obligations. The compensation on account of the violation of fundamental contractual obligations shall be limited though to direct losses foreseeable and typical for this type of contract, if not caused by intent or gross negligence.
Although designaffairs will always try to keep the designaffairs website virus-free, designaffairs shall not guarantee the website’s freedom from viruses. Before information, software, and documentation is downloaded, the user shall provide for the appropriate safety installations and antivirus scan software for his own protection as well as to prevent viruses on the designaffairs website.
A change of the burden of proof to the user’s disadvantage is not associated with the provisions specified in clauses 9.1 and 9.2 as above.
10. Export control
The export of certain information, software, and documentation may be subject to the obligation to obtain a permit – e.g. due to their nature or their intended use or final destination. The user shall strictly adhere to the export requirements relevant for the information, software, and documentation, in particular of the EU and EU member states as well as the USA.
In particular, the user shall check and ensure that
the provided information, software, and documentation will not be used for armament, nuclear, weapon-technological, or other military purposes;
none of the companies and persons named in the US Denied Persons List (DPL) will receive US-original goods, software, and technology;
none of the companies and persons named in the US Warning List, US Entity List, and US Specially Designated Nationals List will receive US-original goods without authorization; and
the early warning notices of the competent German authorities will be observed.
The access to software, documentation, and information provided on the designaffairs website shall only take place, if such conforms with the checks and guarantees as given above. Where the user does not comply with the above, designaffairs shall not be obliged to perform.
Upon request, designaffairs shall inform the user of the relevant contact details for further information.
11. Data protection
12. Supplementary agreements, jurisdiction, applicable law
Any supplementary agreement shall require the written form.
The place of jurisdiction shall be Munich/Germany, if the user is a merchant in terms of the German Commercial Code.
The designaffairs website is operated by and under the responsibility of companies registered in Germany. designaffairs shall not assume any responsibility that information, software and/or documentation may be accessed or downloaded from the designaffairs website in places outside of Germany. If users from other countries than Germany access the designaffairs website, it is exclusively their responsibility to comply with the relevant national legal stipulations. The access to information, software and/or documentation provided on the designaffairs website from countries, in which such access is unlawful, shall be prohibited. German law shall be applicable, excluding the United Nations Convention on Contracts for the International Sale of Goods.