APROtech GmbH
Rathsbergstrasse 17
90411 Nuremberg
Phone: +49 911 650079-50
E-Mail: info@aprotech.de
Managing Director: Frank Barthel, Rumen Welkow
VAT ID number: DE256058089
HRB: Nuremberg 23727
WEEE-Reg.-No. DE 201451712
1.1 APROTECH GmbH provides every user (“User") with access to certain commercial services and information on www.aprotech.de. These terms of use (“Terms”) define rules for the use of the website and the information contained thereon (hereafter: “Information”). Use of the Information is exclusively permitted in accordance with and within the framework of the following provisions. The Information is ordinarily available for 24 hours daily on seven days per week. Notwithstanding, APROTECH does not guarantee uninterrupted availability of the Information due to the nature of the Internet and the properties of computer systems.
1.2 Use of the Information shall take place according to the Terms that apply at the start of each use; Users may click on the available link to access the current Terms. The User agrees to the applicability of these Terms by starting to use the Information. Users who do not agree to the applicability of the Terms are prohibited from using the Information.
1.3 For services that exceed the provision of accessible Information, e.g. for the downloading of software or the delivery of products, the terms for the provision of these services (e.g. Terms and Conditions of Online Orders) shall apply in addition to, and shall take precedence over, these Terms.
2.1 This website is intended for informational purpose only. It contains no binding guarantees, warranties or assurances whatsoever. Binding statements can only be provided on a case-by-case basis in response to a clear enquiry.
2.2 APROTECH has compiled the Information contained on this website to the best of its knowledge. However, it is subject to change without prior notice or reference to the changes at any time, in particular to reflect developments of a technical or commercial nature, modified circumstances and framework conditions, also in regard to prices and commercial terms.
2.3 The Information is made available free of charge, except where stated otherwise in individual cases. APROTECH reserves the right at any time and without prior notice to change the nature and scope of Information, other services and authorisations provided herein, to introduce mandatory charges for use or to discontinue the service altogether.
2.4 APROTECH provides the Information exclusively for the performance of transactions with enterprises and public-sector clients. The User declares hereby that it is using the information as an enterprise, i.e. in the pursuit of commercial or independent professional activities, or as a public-sector client. Section 312e(1)(1)(1–3) German Civil Code [BGB] does not apply.
The following trademarks as shown below belong to the individual owners
- Microsoft Corporation: Microsoft®, Windows®, Windows XP®, Windows Vista®, Windows® 7 Pro, Windows® Embedded Compact 7, Windows® Embedded Standard 7, Windows® 8 Pro, Windows® 8.1 Pro, Windows® Embedded 8.1, Windows® 10, Windows® Pro, Windows® 10 Enterprise, Windows® 10 IoT Enterprise LTSB and their logos are registered trademarks of the Microsoft Corporation in the United States of America and in other countries.
- Linux® is a registered trademark of Linus Torvalds.
- Android™ is a registered trademark of Google Inc.
- SIMATIC, TIA-Portal and WinCC are registered trademarks of SIEMENS AG.
- Intel®, Pentium® Xeon®, Atom®, Celeron®, Core™ are registered trademarks of the Intel Corporation or its subsidiaries in the United States of America and in other countries.
- UL is a registered trademark of Underwriters Laboratories Inc.®
- ADATA® is a registered trademark of ADATA Technology Co., Ltd.
- Ultrastar is a registered trademark of HGST, Inc. and its subsidiaries in the United States of America and/or in other countries.
- CamCollect® is a registered trademark of APROtech GmbH.
4. Registration
4.1 APROTECH is entitled to require registration before certain sections of the website can be used. Users are not entitled to registration by APROTECH. In particular, APROTECH reserves the right to introduce compulsory registration for sections of the website that at present are freely accessible. Where personal data is required, the User is obliged to submit complete and accurate information and to update this information online in the event of changes or, where online changes are not possible, to send written notification to APROTECH.
4.2 Once registration is complete, APROTECH will send a user name and a password to the User (“Login Details"). The User must treat these Login Details confidentially and must not disclose them to third parties. Where the User has reasons to assume that third parties may have become aware of some or all of the personal Login Details, the User shall be obliged to notify APROTECH in writing without undue delay – with a prior email where necessary – (“Request for Blocking”); APROTECH will block the Login Details as quickly as possible. Actions or omissions by third parties through use of the Login Details within a reasonable period required for their blocking after receipt of the Request for Blocking by APROTECH will be attributed to the User, except where the User can demonstrate that it is not at fault for the action or omission and that they would have occurred even with due adherence to necessary prudence, in particular with regard to the confidentiality obligations.
4.3 APROTECH is authorised at any time and without stating reasons to withdraw access entitlements by blocking the Login Details, in particular if the User has submitted false information during registration or has violated these Terms or duties of care in the handling of Login Details. Users may cancel their registration at any time by written notification to APROTECH; in these cases, APROTECH will block or delete the Login details without undue delay.
5. Data protection
5.1 The User is aware that personal data which is transferred will be collected, processed and used in accordance with data protection regulations, especially the Federal Data Protection Act [BDSG] and the Teleservices Data Protection Act [TDDSG]. APROTECH undertakes to use the data collected during registration and website usage exclusively at APROTECH and to refrain from its transfer to third parties, except where it is required to do so by law or administrative order or the User has provided explicit consent to the transfer.
5.2 The User has the right to obtain rectification of incorrect data, as well as blocking and erasure of personal data.
5.3 For the event that the User accesses information or provides personal data, APROTECH points out that there are vulnerabilities associated with data transfer via the Internet. It is therefore possible that unauthorised persons may access or falsify the data.
6. Links
The APROTECH website may contain links to other websites or documents that are made available by third parties. APROTECH is not liable for the availability, correctness or completeness of these websites and documents. In particular, APROTECH does not espouse these third-party contents, as APROTECH does not check the linked information and is not responsible for the content and information provided therein. The User will implement its own measures to protect against viruses and other malicious data. Like the APROTECH website, third-party pages may also be protected by copyright law or other provisions and can also be subject to separate terms of use.
7. Obligations of the User
The User is prohibited from engaging in any of the following activities when using the website: causing harm to or violating the personal rights of other persons, especially minors; behaving in a manner that would transgress the standards of public decency; violating copyrights, trademarks or other property rights; acquiring a false identity for the purpose of misleading others; transferring content with viruses, Trojans, hoax viruses or other programs that may damage data; or entering, saving or sending links without proper authorisation, especially if these links or contents violate confidentiality obligations or are unlawful.
8. Liability
8.1 The Information contained herein (refer in particular to Section 2) is unbinding, so no liability is accepted for the accuracy, completeness, quality and reliability of the Information or for the outcomes that may be achieved through use of the Information. Users should only base significant decisions – e.g. the purchase or use of a certain product – on binding statements provided by APROTECH.
8.2 APROTECH is also not liable for damages incurred by the User through the use or the inability to use the website, any hard- and software defects relating to the website or incorrect system settings. Downloading and all other receipt of Information and data in the use of the website takes place at the User’s own risk. APROTECH does not accept any liability for the data and Information, especially in regard to its suitability for use, accuracy, completeness and absence of malware.
8.3 The User alone is responsible for use of the website. APROTECH cannot be held liable for any damage resulting from the use of the website, in particular for operational disruptions, loss of profit, loss of information and data or for consequential damages.
8.4 Furthermore, APROTECH is neither liable for damages caused by viruses, Trojans, hoax viruses or comparable programs, nor is it liable for programs, program parts or codes that cause similar disruption, destruction or shutdown of systems or system parts. The User will implement its own measures to protect against viruses and other malicious data.
8.5 APROTECH cannot be held liable for the incorrect transfer of data sent to APROTECH and the manipulation of this data by third parties, especially through unauthorised accessing of the APROTECH networks and systems, except where APROTECH is to blame for this access.
8.6 These provisions are without prejudice to liability due to wilful intent, gross negligence, assured properties or the violation of essential contractual obligations, in cases of injury to life, limb and health and to liability according to the Product Liability Act [ProdHaftG]. Notwithstanding, compensation for damages due to the violation of essential contractual obligations shall be limited to foreseeable damages that are typical of the type of contract, except in cases of wilful intent or gross negligence. This does not constitute a reversal in the burden of proof to the disadvantage of the User.
9. Choice of law, place of jurisdiction
German law applies. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) does not apply. The place of jurisdiction is Nuremberg where the User is an enterprise, a legal entity or a special public fund or does not have a general place of jurisdiction in the Federal Republic of Germany.
10. Other provisions
10.1 Where a date or a time are authoritative for declarations and actions, the date and time recorded on the APROTECH server shall apply, except if the User can demonstrate that the declaration was submitted or the action taken at a different time.
10.2 The partial or complete invalidity of individual clauses in these Terms and Conditions shall not affect the validity of the remaining clauses. The statutory provisions shall replace the provisions contained herein insofar and inasmuch as they are currently invalid.
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