Terms of Use

1. Consent:

By registering or using the website in any other manner, you accept the following WTUs. Do not use this website if you do not agree with these WTUs or any parts thereof.
 

2. Use of the Website:

These WTUs apply to the use of any website operated by Fabasoft International Services GmbH, Honauerstrasse 4, 4020 Linz, Austria (subsequently referred to as "Fabasoft") and to all content, particularly information, developer tools, download areas, discussion forums, wikis, blogs, etc. included on these pages (subsequently referred to as "content"), regardless of whether this website is hosted and/or operated by Fabasoft itself or by a third party.

Fabasoft only permits you to view and download the content of this website for personal use and for non-commercial purposes. The content of this website is protected by copyright; existing copyright and ®/© notices must be left unaltered.

Fabasoft reserves the right to alter and/or modify the WTUs at any time without notice. The user undertakes to observe the current WTUs applicable at the time of use and will familiarize himself with any possible alterations to these before using the website.

Furthermore, Fabasoft reserves the right to alter this website and its content at any time and without notice, to delete it or add to it, and to temporarily or permanently prohibit access to this website and its content and/or cease operation of the entire website or parts thereof.

Gender-free spelling has been used in the German version of the report to improve readability. All notations apply equally for both sexes.

Please note that a separate contract with Fabasoft is required for the Fabasoft Cloud services. These services are subject to separate terms of use; the default website terms of use do not apply. The separate terms of use for Fabasoft Cloud are available under Contract.
 

3. Registration, Password, Communications from Fabasoft:

Certain pages of the Fabasoft website may be password-protected. In the interests of security for business transactions, these pages can only be accessed by registered users. There shall be no entitlement to registration by Fabasoft. Fabasoft reserves the right to make websites that could previously be accessed freely subject to registration and to revoke access authorization by blocking access data without stating its reasons.

If registration is required, truthful information must be provided for registration purposes and any subsequent changes must be communicated to Fabasoft without delay. So that Fabasoft is also able to contact you, please make sure that the e-mail address you specify during registration is one that you check regularly. Legally binding declarations on the part of Fabasoft may (unless written form is expressly required) be sent by Fabasoft to the e-mail address entered by the user during registration. They shall become effective immediately upon arriving in the user's mailbox.

Authentication is effected by means of OpenID.

Your access data allows you to make use of the services offered on the website (e.g., downloads, creating forum and wiki entries, adding comments, …) and/or otherwise submit legally binding declarations. Fabasoft shall not require the user to prove his identity by submitting his signature or another code, unless express provision is made for this in individual cases.

Any person who proves his identity by entering the access data shall (regardless of his internal legal relationship to the respective user) be entitled to submit legally binding declarations to Fabasoft on behalf of the user. Fabasoft shall not be obliged to check the authorization more extensively.

The user is obliged to keep his access data secret. He shall be liable for all attributable damage and consequential damage incurred by Fabasoft or by third parties as a result of authorized or unauthorized use of the access data, particularly as a result of his failure to keep the access data secret or transferal to third parties.

The user shall be able to block his access data (deletion of the registration) and is obliged to do so if he suspects that his access data may have fallen into the hands of unauthorized persons. The user must initiate blocking (deletion) himself electronically without delay, or by sending an e-mail to office@fabasoft.com, and additionally over the telephone by calling +43 70 606162 in all cases; the customer is aware that blocking can only be effected during Fabasoft's standard office hours (Mon. - Fri. 9.00 a.m. to 5.00 p.m. Linz local time). Fabasoft shall not be obliged to check the identity of the person requesting the blocking. If ongoing contractual relationships, contractual interests or statutory duties to preserve records present an obstacle to complete deletion, blocking will only apply to further use in this case.
 

4. Intellectual Property:

The entire content of this website (including all documents and text), as well as all rights to copyrights, rights of use, intellectual property, patent or trademark rights—but not limited to these—shall remain the property of Fabasoft or its licensors.

The content of this website can in no way be construed so as to tacitly transfer a license or title to a copyright, software product, patent, trademark or other industrial property right owned by Fabasoft or a third party, either by way of estoppel or in any other manner.

All specified trademarks are registered trademarks of Fabasoft or its suppliers.

Any reproduction, manipulation, circulation or other use of the content is expressly prohibited, unless its has been approved in writing in advance.

All content and software displayed or made available to download on Fabasoft's websites and in the context of its services is protected by copyright. The user may only install and/or use software that is subject to a license agreement after accepting the terms of the license agreement.

If software does not contain a license agreement, the user shall be granted a revocable, non-exclusive, non-transferable license to use the software and for other use of the respective websites and services in accordance with these terms of use. Any other use is not permitted.

In the event of copyright violations, trademark violations or other rights violations on the part of the user, the user shall indemnify Fabasoft against all claims and actions.

Protected trademarks owned by Fabasoft, in particular its name, company, brand and logo, may only be used with express written permission.

The brand names and designs used in conjunction with Fabasoft's business activities are legally protected in favor of Fabasoft. The content of this website shall not grant the user license rights or other rights to use brand names and designs owned by Fabasoft and its suppliers. The user may not use these brand names and designs as part of his company or otherwise use them to distinguish his business operations and/or use them as part of a domain name or other address in electronic media, such as the Internet, etc. Nor may he claim them for himself.

The user will inform Fabasoft immediately upon discovering that third parties have breached Fabasoft's industrial proprietary rights. The user will assist Fabasoft in resisting such infringements to the best of his ability.
 

5. Privacy:

Fabasoft undertakes to protect personal data made available as a result of accessing or using the website within the applicable legal framework.

In general, the website may be visited without entering information concerning the user's identity. Certain offers of information require the user to enter personal information, which is required for specific purposes, such as to communicate desired information to users or to facilitate registration required to obtain certain information and for certain use. This information will be used solely for the purposes specified and may be used for purposes other than these only with the user's permission.

To protect personal data from unauthorized or improper access, Fabasoft takes electronic and administrative security measures. Only Fabasoft employees who are involved in processing inquiries or registrations are permitted access to the personal data.

Fabasoft saves the following data and/or procedures of registered users:

Name, photo, address, e-mail address, OpenID, telephone numbers, fax numbers, organization, date of registration, date of login, use of the website, content imported by the user (third party content), designation, date and content of agreements entered into and/or offers to enter into agreements.
 

6. Content provided by the User (Third Party Content):

Fabasoft grants users access to online resources, such as download areas, discussion forums, communication services, personalized content and products offered in conjunction with other partners of Fabasoft free of charge and allows users to import content on their own responsibility. The services can be configured, altered, restricted, upgraded and suspended by Fabasoft at its own discretion, without informing users. Fabasoft accepts no responsibility for any delay, deletion, deficient transfer or memory failure affecting communication between users or in conjunction with personalized areas. Neither does Fabasoft guarantee that the hard- and/or software used for the services will function properly at all times or that any faults in the hard- and/or software will be corrected.

Fabasoft reserves the right to refuse the user access to services at any time without stating its reasons, or to delete the user's registration completely, including all account information.

Fabasoft shall not be obliged to save or store the content transferred by users or to forward messages to the user or to third parties.

The person who created the corresponding content shall be solely responsible for all information, data, text, software, music, sounds, photos, graphics, videos, messages or other content that is published or transferred privately. This means that the respective user—and not Fabasoft—shall be held fully responsible for any content. Fabasoft shall not be obliged to monitor content and therefore shall not be liable for the accuracy, suitability and quality of such content. The user is aware that in using the services he may be exposed to content supplied by other users which may be insulting, offensive, illegal or otherwise objectionable.

The user undertakes to release and indemnify Fabasoft and its affiliated companies, branch offices, employees and business partners from and against all claims or actions asserted by third parties by reason of or in connection with content that the user enters, publishes or transfers within the scope of the services or by reason of the user's use of the services. This shall also apply to the costs of prosecution (e.g. lawyers' fees).

The user may not use the websites and services for unlawful purposes or purposes prohibited by these terms of use and shall indemnify Fabasoft against all claims and actions.

The user is expressly referred to the provisions of the Pornography Act, the Prohibition Act and the relevant criminal legislation, according to which the transfer, distribution and presentation of certain content is prohibited or made subject to statutory provisions.

Furthermore, the user shall take note of the provisions of the Telecommunications Act and the duties it imposes on the owners of terminal equipment. He undertakes to adhere to the provisions of the Telecommunications Act and the relevant telecommunication standards prescribed by law, as well as all other statutory provisions, in particular the Data Protection Act.

The user undertakes to observe the statutory provisions and shall be solely responsible to Fabasoft for observing these statutory provisions. The user undertakes to indemnify Fabasoft against all claims and actions justifiably brought against Fabasoft under criminal or civil law, in court or out of court, on account of the content placed into circulation by the user, in particular private criminal action on grounds of defamation, offense or discredit (Sections 111, 115, 152 of the Austrian Criminal Code), proceedings in accordance with the Media Law, the Copyright Act, the Trademark Act, the Act Against Unfair Practices or on grounds of defamation of character and/or discredit under civil law (Section 1330 of the Austrian General Civil Code). If claims of this nature are brought against Fabasoft, it shall be at the sole discretion of Fabasoft to decide how it reacts, except where Fabasoft is guilty of gross negligence. The user responsible for the content shall not be able to raise a plea of insufficient legal defense.

The user further undertakes to inform Fabasoft immediately and in full, in the event that claims are brought against him, either in court or out of court, as a result of his use of the contractual services and will offer Fabasoft the opportunity to become involved or to intervene in support of the user (at Fabasoft's discretion).

Although Fabasoft is not obliged to monitor the services and use thereof, it reserves the right to inspect content provided by users and to remove it at any time at its own discretion. Any claim to compensation for resulting damage is excluded.

By providing, uploading, entering, placing or transferring content, the user declares that he possesses all authorizations required for this and grants Fabasoft a right of use that is unrestricted and unrestrictable in terms of time and place, in particular the right to save, reproduce, transfer, publish, edit, translate and reformat the content, or to use it in any other way, all of this with or without mentioning the user's name. Fabasoft may publish the user's name in connection with his content at its own discretion in the context of the services, unless the user has expressly stated his intention to the contrary. The user will not assert his own proprietary rights to the content, information, experiential values and materials provided by him.

The user shall have no entitlement to remuneration in the event that his content is used.
 

7. Web analytics service Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. The IP-address, that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website: Disable Google Analytics
 

8. Web analytics service Act-On

For statistical analysis of visitor usage data the tool Act-On collects, processes and stores data for marketing purpose in the data centre of Act-On in Germany. Based on the data received Act-On conducts an address identification ensuring that only companies are identified and not private address data. For this purpose so-called cookies are used. Cookies are smalll text files that are stored on your computer and enable an analysis of website usage.

 

9. Usage of the Facebook plugin

Our pages incorporate plugins of the social network Facebook, supplied by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognise these Facebook plugins by the Facebook logo or the “Like” button on our pages. An overview of the Facebook plugins is available at http://developers.facebook.com/docs/plugins.

When you visit our pages, a direct connection between your browser and the Facebook server is established by the plugin. This informs Facebook of the fact that you have visited our page with your IP address. If you click the Facebook “Like” button while being logged on to your Facebook account you can link the content of our pages on your Facebook profile. In this way Facebook can associate your visiting our pages with your user account. Please note that we, as the supplier of the pages, do not obtain information on the content of the transmitted data or their usage by Facebook. Additional related information is available in Facebook’s Data Policy at http://facebook.com/policy.php. If you do not want that Facebook can associate your visiting our pages with your Facebook user account, please log out of your Facebook user account.

 

10. Usage of Twitter

Our pages incorporate functions of the service Twitter. These functions are supplied by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the function “Re-tweet”, web pages that you visit are linked with your Twitter account and made public to other users. In this context, data is also transmitted to Twitter. Please note that we, as the supplier of the pages, do not obtain information on the content of the transmitted data or their usage by Twitter. Additional related information is available in Twitter’s Privacy Policy at http://twitter.com/privacy. You can modify your Twitter privacy settings in your account settings at http://twitter.com/account/settings.

 

11. Usage of LinkedIn

Our website is using functions of the LinkedIn network. The supplier is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time you visit one of our pages that contains LinkedIn functions, a connection to the LinkedIn servers is established. This informs LinkedIn of the fact that you have visited our web pages with your IP address. If you click the LinkedIn “Recommend” button while you are logged in to your LinkedIn account, LinkedIn can associate your visiting our web page with your user account. Please note that we, as the supplier of the pages, do not obtain information on the content of the transmitted data or their usage by LinkedIn. Additional related information is available in LinkedIn’s Privacy Policy at https://www.linkedin.com/legal/privacy-policy.
 

12. Content provided by Fabasoft:

- Marketing documents, white papers, Fabasoft Press

You are entitled to use, copy and pass on documents and associated graphics available on this server, provided that the documents and graphics are used, copied or passed on (and downloaded) in their entirety, left unchanged and retain their © or copyright notice. The documents and graphics are intended solely for information purposes and may not be used commercially. The documents and associated graphics may contain technical inaccuracies and typographical errors. Fabasoft may make alterations or additions at any time, and may also prohibit use entirely. Please also observe items 4 and 10!

- Software:

With the exclusion of third party content, all software offered by Fabasoft as a download is protected by copyright in favor of Fabasoft and/or its suppliers. Use of the software is subject to the provisions of the Test Installation Agreement and any license provisions contained in the software, which the user accepts in full by downloading and/or installing the software. Please also observe items 4 and 10!

- Knowledge Base:

Experiential values and information on specific problems experienced in the past are contained in the Fabasoft Knowledge Base. This content is intended solely for information purposes and may not be used commercially. Fabasoft does not guarantee accuracy of the information or that solutions described in the Knowledge Base will lead to the desired outcome and/or meet the user's expectations. The user acknowledges that the content displayed is a shortened or summarized description of a possible approach to a problem. In particular, Fabasoft shall not be held liable in the event that the content does not apply to all systems or if its causes damage to hard- or software or data or for consequential damage resulting from this. Fabasoft may make alterations or additions at any time, and may also prohibit use entirely. Please also observe items 4 and 10!
 

13. Links:

Links contained on this website provide access to websites not monitored by Fabasoft. Since Fabasoft has no influence over the content of these websites, Fabasoft does not adopt this content as its own and shall not be held responsible or liable for it. In particular, a link shall not constitute a requirement to access the link.
 

14. Exemption from Liability:

This website and its content are provided "as they are" and "as they are provided". You expressly agree that you use the website at your own risk. You understand and agree that you are solely responsible for any damage, for example in relation to your company activities, to your computer system or for loss of data which may occur as a result of accessing, using or downloading from the website.
The content available on this website (such as product developer blogs) is intended merely as non-binding information and constitutes a "snap-shot", without obligations for future development. In particular, no undertaking as to actual product development and/or that the technologies described will actually be used in product development can be derived from such content.
Except in cases of deliberate damage and personal injury, Fabasoft rejects all forms of liability and guarantee. Fabasoft shall, under no circumstances, declare its tacit or conclusive intention to dispense with the limitation of liability.
Fabasoft does not guarantee the usability or accuracy of the information and its suitability for a particular purpose. Neither does it guarantee that the information is free from material defects and defects of title.
Fabasoft does not guarantee that this website or its content meets its visitors' requirements or that the website and its content will be provided correctly, lawfully, without interruption, in good time, securely or free from defects or that any errors will be corrected. Neither does Fabasoft accept any guarantee for consequences resulting from the use of the website or its content or for the accuracy, completeness or reliability of the information provided on the website.
Under no circumstances, including in cases of negligence, can Fabasoft be held responsible for any direct, indirect, accidental or specific damage or consequential damage caused as a result of use or non-usability of the website or its content, unauthorized access, the alteration of data or other information that is sent or received or that is not sent or received, including, but not limited to damage caused by loss of profit, loss of data or other intangibles, even if the possibility of such damage has been pointed out to Fabasoft. This shall not apply in cases of intent and in the event that liability is prescribed by law.
Fabasoft shall bear no costs whatsoever in the event that use of this website or the content offered on it causes you to have to maintain, repair, replace or otherwise correct your equipment or data.
 

15. Rights:

All rights not expressly granted to the user in writing by Fabasoft are expressly reserved by Fabasoft. Fabasoft may revoke rights granted at any time and without stating its reasons.
 

16. General Information, Place of Jurisdiction, Applicable Law:

This website is controlled, maintained and managed by Fabasoft from its head office in Austria. Fabasoft makes no claim as to whether the content of the website is also suitable or available for use outside of Austria or whether access to the website might be prohibited in other countries. Your use of the website must not breach Austrian laws and regulations. If you use the website outside of Austria, you do so on your own initiative and are responsible for observing the applicable local laws.

The European Commission is providing a platform for online dispute resolution (ODR) which is available at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes with traders. You can also contact Fabasoft at any time in advance via the email address office@fabasoft.com.

Fabasoft is neither obliged to invoke nor has committed itself to invoking an alternative dispute resolution within the meaning of the Austrian Federal Law “Alternative-Streitbeilegung-Gesetz” (AStG).

Austrian law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods and with the exception of the conflict of laws rules of international private law. The sole place of jurisdiction shall be the competent court in Linz or, at Fabasoft's option, also the contractual partner's general place of jurisdiction or place of jurisdiction designated by law.

In the event that parts of the terms of use are invalid, this shall not affect the validity of the remainder. The ineffective clause shall be replaced with another one, which most closely reflects the financial purpose and intention of the original clause.
 

17. Authoritative Version:

This agreement was originally drawn up in German and translated into English. In the event of discrepancies between the versions and/or vagueness in the translation, the German version shall be authoritative.