General Terms and Conditions of Use
(Eff. September 2015)
1. Area of application
1.2 By logging in, or if a separate log-in is not required, by initiating use, the user accepts the validity of these terms and conditions of use in their current version.
1.3 As long as the user of the ITH website is not a consumer in the sense of § 1 Konsumentenschutzgesetzes (Consumer Protection Act) (hereinafter referred to as: 'Consumer'), the §§ 9, 10 E-Commerce-Gesetz (E-Commerce Act) are not applicable.
1.4 ITH icoserve is authorised to completely or partially shut down the operation of the ITH website,to change the contents of the ITH website as it sees fit. Due to the nature of the Internet and of computer systems, ITH icoserve cannot accept any liability for the uninterrupted availability of the ITH website.
2. Registration, password
2.1 Some pages of the ITH website may be password protected. Access to these pages is, based on the security of business transactions, only available for registered users. There is no right to a registration on behalf of ITH icoserve. ITH icoserve reserves the right to determine sites, which were previously freely accessible, to be subject to registration. ITH icoserve is authorised at any given time and without obligation to give reason, to revoke access authorization data by means of blocking access data, particularly in the event that the user
(i.) uses false data for the purpose of registration,
(ii.) has violated the Terms and Conditions of Use or neglects his/her duty of care in regard to his access or user data respectively,
(iii.) has violated applicable law in the course of access or utilization of the ITH website, or
(iv.) has not used the ITH website over a prolonged period of time.
2.2 If a registration required, then the user is under obligation to supply accurate information in the course of the registration and, in the event of possible changes over time, to immediately communicate these to ITH icoserve (as far as is provided for: online). The user will ensure that he/she receives e-mails, which are sent to the e-mail address supplied by him/her.
2.3 The user will be provided with a user name and a password (hereinafter referred to as 'User Data') after completion of the registration process. On first access, the user will change the password supplied by ITH icoserve into a password which is solely known to him/her. The user data allows the user to view his/her data, to change these or, if need be, to revoke or modify approvals for the utilisation of data.
2.4 The user ensures that user data is not made accessible to third parties. The area protected by a password is to be logged off from after each use. The user is under obligation to notify ITH icoserve immediately either in written form or per e-mail to the extent that he/she has gained knowledge that third parties are misusing user data.
2.5 After receipt of a notification pursuant to Para. 2.4, ITH icoserve will deny access to the password-protected area by means of said user data. Revoking this blockage is only possible after a separate request by the user to ITH icoserve or by means of a new registration.
2.6 The user may at any given time demand termination of his registration either in writing or per e-mail, provided that deletion is not opposed to the carrying out of ongoing contractual relationships. ITH icoserve will in this case delete all user data and all other stored person-related data of the user, as soon as these are no longer required.
3. Right of Use to Information, Software, Documentation and other Contents of the ITH website
3.1 The utilisation of the information, software, documentation and other contents (hereinafter referred to as: 'Contents') made available on the ITH website is subject to these General Terms and Conditions of Use. Separate utilisation or license terms of ITH icoserve shall prevail over these General Terms and Conditions of Use.
3.2 ITH icoserve grants the user a non-exclusive and non-transferable right to utilize the contents made available on the ITH website to the extent, to which it is stated on the ITH website or, in the event that nothing is stated, to the extent of the purpose intended by ITH icoserve in making same available.
3.3 As far as not stated otherwise on the ITH website, ITH icoserve grants the user the non-exclusive and non-transferable right to reproduce software offered as download once on a computer system by means of storing it and to use it for his/her own, non-commercial purposes. As far as not stated otherwise on the ITH website, software in machine-readable form is available free of charge; no rights for source code to be made available apply. This shall not apply to source codes related to Open Source Software, which license conditions take priority over these General Terms and Conditions of Use in the case of transfer of Open Source Software and which conditions specify the making available of source code. In this case ITH icoserve will provide the source code for cost reimbursement.
3.4 Neither information, software, documentations nor other contents of the ITH website may be sold, rented or in any other way be made available to third parties. Unless such is allowed by mandatory law, the user may not modify, edit, decompile or disassemble either the software or their documentation or delete parts. The user is allowed to create one backup copy of the software, should the backup copy be required for future use in accordance with these General Terms and Conditions of Use.
3.5 The contents of the ITH website are protected by copyright laws and international copyright treaties and by other laws and conventions related to intellectual property. The user will observe these laws, and in particular will not remove alphanumeric codes, brands and copyright notices. 3.6 The remainder of §§ 40a ff. Urheberrechtsgesetz (Copyright Act) shall not be affected hereby.
4. Intellectual Property
4.1 Notwithstanding the particular provisions laid out in Para. 3 of these General Terms and Conditions of Use, information, brand names or other contents of the ITH website may not be changed, reproduced, sold, rented, supplemented or otherwise utilised without prior written consent from ITH icoserve.
4.2 Except for the rights explicitly granted herein, the user is not granted additional rights of any sort, especially in regard to the name of the company or industrial property rights, such as patents, utility patents or brands, nor is ITH icoserve under a corresponding obligation to grant such rights.
5. Duties of the User
5.1 In utilising the ITH website, the user shall explicitly not do the following:
(i.) harm persons, especially minors, molest these individuals, frighten them or violate their personal rights;
(ii.) act contra bonos mores, violate the public order or violate the law with the manner of his/her use,
(iii.) violate industrial property rights, infringe copyrights or other laws;
(iv.) upload viruses, so-called trojan horses or other programming that can damage software;
(v.) enter, store or send hyperlinks or contents, for which he/she has no authorization, especially when these hyperlinks or contents are in breach of confidentiality obligations or are unlawful;
(vi.) distribute prohibited messages (e.g. so-called 'Spam') pursuant to § 107 Telekommunikationsgesetz (Telecommunications Act) or the circulation of unfounded warnings regarding viruses, defects and such or request the participation in any lottery, multilevel selling, chain-letters, Ponzi schemes or comparable actions.
5.2 ITH icoserve is entitled to block access to the ITH website at any given time, in the event that the user violates any obligation deriving from these General Terms and Conditions of Use. ITH icoserve is also entitled to delete messages placed or published by the user on the ITH website (e.g. in forums, newsrooms, chats), if the user violates legal obligations or responsibilities derived from these General Terms and Conditions of Use
The ITH website may contain hyperlinks to the websites of third parties. ITH shall have no liability nor does ITH endorse these websites and their contents as its own, as ITH does not control the linked information and is not responsible for the contents and information available there.
7. Liability, Viruses
7.1 ITH icoserve is liable for personal injuries within the legal requirements. For other damage, ITH icoserve is only liable in the event of deliberate acts or gross negligence of either ITH icoserve or its vicarious agents. Unaffected by these is the liability of ITH icoserve in accordance with the Produkthaftungsgesetz (Product Liability Act).
7.2 As far as the user is not a consumer, every liability on behalf of ITH icoserve regarding loss of profit, information or data loss or other consequential losses is also not applicable, as longs as e.g. liability is not mandatory due to deliberate acts.
7.3 The contents of the ITH website may contain general descriptions of technical possibilities of individual products, which, in certain cases (e.g. due to product changes), may not always be available. The required performance characteristics are thus in each case to be agreed upon at the time of purchase.
7.4 Although ITH icoserve makes every endeavour to keep the ITH website free from viruses, ITH icoserve cannot guarantee a virus-free environment. Prior to downloading information, software, documentations or other contents, the user will ensure the presence of appropriate safety precautions and virus scanners for his/her own protection and for the avoidance of viruses on the ITH website.
8.1 The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorisation. The user will strictly conform with the applicable export rules for information, software and documentation, in particular with those of the EU and EU Member States respectively and those of the USA. ITH icoserve shall label information, software and documentation in relation to obligations to obtain a permit in accordance with the Austrian, the German and the EU Export List and the US-Commerce Control List.
8.2 The user will particularly check and verify that
(i.) the received information, software and documentation is not intended for an arms-relevant, nuclear or weapons-technology use;
(ii.) no company and persons listed in the US Denied Persons List (DPL), are supplied with commodities, software and technology of US origin;
(iii.) no company and persons listed in the US-Warning List, the US-Entity List and the US-Specially Designated Nationals List, are supplied with items of US origin without a license;
(iv.) no company and persons listed in the Specially Designated Terrorists List, the Foreign Terrorist Organisations List, the Specially Designated Global Terrorists List or the Terrorist List of the EU are supplied with goods;
(v.) no military recipients shall be supplied;
(vi.) the early warning instructions of the respective Austrian authorities shall be observed.
Access to software, documentation and information on the ITH website may only take place, if such conforms with the checks and guarantees listed above; ITH icoserve is otherwise not under obligation to perform.
8.3 Upon request, ITH icoserve will inform the user regarding relevant contact points for the obtaining of further information.
9. Data privacy
10. Place of jurisdiction; applicable Law
10.1 The sole place of jurisdiction shall be Innsbruck. This does, however, not apply if the user is a consumer and has his residence, usual place of living and place of employment in another circuit court in Austria.
10.2 The ITH website operated and administered by companies located in Austria. ITH icoserve takes no responsibility for the fact that information, software, documentations and /or contents may also be available for viewing or may be downloaded from the ITH website from locations outside of Austria. If users outside of Austria access the ITH website, then they are exclusively responsible for compliance with all applicable local laws. The access to information, software, documentations and/or contents on the ITH website from countries, in which such access is unlawful, is prohibited. In this case and in the event that the user wishes to do business with ITH icoserve, the user should contact the ITH icoserve representative in said country. Austrian Law under exclusion of its conflict of law rules applies. Should the user be a consumer with a usual place of living in a different state than Austria, then, based on binding legal regulations, the consumer protection provisions of this country may have priority over choice of law. The application of the UN Convention on International Sales of Goods is excluded.