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Terms of Use

(Version 04-24-2014)

Introduction

Please read this document carefully before accessing the content on this Web Site.

Through this Web Site ("Site"), censhare AG (collectively with its affiliated companies, "censhare") provides you with a variety of resources, including software, technical specifications, data sheets and all kind of product information as well as other information and/or services related to censhare products or services (collectively "Services"). The Services operated by censhare and third parties through this Site, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the following terms and conditions and any changes to this document that censhare may publish from time to time (collectively the "Terms of Use" or "TOU"). The TOU and any additional terms posted on this Site together apply to your access to, and use of, this Site and constitute the entire agreement between censhare and you with respect to your use of this Site.

1. Acceptance

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you accept and agree to be bound, by these Terms of Use. In addition you may be requested to expressly acknowledge by clicking on the "I accept" Button that you have read, understood and agree to be bound by all terms and conditions contained and/or referenced herein. We recommend to download and/or print out the TOU and read the provisions carefully before using this Site. You are not authorized to use this Site without acceptance of these terms and conditions. Further, these terms do not alter in any way the terms or conditions of any other agreement you may have with censhare. Other censhare Web Sites may have their own terms of use which apply to such Web Sites. Such specific terms may be in addition to the TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU.

2. censhare's Right to change Terms/Services

censhare may add, change, remove or update any part of the TOU at any time. Any changes to this TOU or any terms posted on this Site shall be effective as soon as they are posted. At your next Login you will get informed that the TOU has been updated and you have to accept them again. The most current version of the TOU can be reviewed online by clicking on the "Terms of Use" Hyperlink located at this Site. If at any time the terms are no longer acceptable to you, you should immediately cease all access to and use of this Site
censhare reserves the right at any time to add, change, discontinue, remove or suspend any Services provided on this Site temporarily or permanently, without notice and without liability, at censhares sole discretion.

3. Use of this Site

You are not allowed to use this Site for any purpose that is unlawful or prohibited by these terms and conditions or any other agreement. You may not use the Site in a manner that could damage, disable, overburden or impair any censhare Server or the network connected to these Servers. You may not attempt to gain unauthorized access to any Web Sites, other accounts, computer systems or networks connected to these Servers, through i.e. hacking, password mining or any other means.
This Site is published, maintained, operated and administered by censhare at least in part on a server located Germany. If you choose to access this Site from outside Germany, you do so on your own initiative and are responsible for compliance with all applicable local laws. censhare makes no representation that the Site, or the Services or Content available through it, are appropriate or available for use at other locations outside Germany, and access to them from territories where their contents might be illegal or prohibited.

4. Account Password and Security

To enjoy the full benefits of this Site you may have to register first. During the registration process some personal information will be collected. If you want to learn more about what personal information is collected and how censhare uses this personal information please read the censhare Privacy Policy. censhare will ask for your name, your email address, and a password. After signing-up a confirmation e-mail with activation instructions will be automatically generated and sent to you. Access is made available through a password and a User ID, which is your e-mail address ("Login"). The password is stored encrypted. You may change it at your convenience after you have logged in.
However some areas of this website and the materials, data and information provided thereon require express authorization and account set-up by censhare before you are allowed to access, download or use. After registration and your successful verification the censhare site coordinator will decide as it deems fit whether or not your account shall be activated. Once you have activated your account, the registration process is completed and you can login.
We recommend you not to divulge your password to anyone. You are entirely responsible for any and all activities that occur under your account. You are not allowed to use an account other than your own account at any time. You agree to inform censhare immediately of any unauthorized use of your account or any other breach of security. censhare will not be liable for any loss that you may suffer as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by censhare or another party due to someone else using your account or password. You shall ensure that your user data is not accessible by third parties. In addition, you are liable for all downloads, transactions and other activities carried out under your account. Without limiting other remedies, censhare reserves the right to block or restrict access to and use of the Site at any time and for any reason whatsoever in its sole discretion. Upon such termination or suspension, your right to use the limited access censhare web sites will immediately cease.

5. Personal Information and Data

To learn about how censhare protects your personal information please refer to the censhare Privacy Policy that can be reviewed online by clicking on the "Privacy Policy" Hyperlink located at this Site. When you use the Site, censhare will track your visit to this Site and the use of Services provided thereunder. censhare may collect certain technical and routing information about your computer to facilitate your use of the Site and its services. Further censhare Web servers automatically log your Login, the IP/Internet address of your computer and record all Content that has been downloaded or otherwise transmitted to or from your computer by filename, date and time of download (collectively the "Data"). Except as set forth in the Privacy Policy or in this TOU, your personal information and Data will be deemed to be confidential and not disclosed to any third party.

6. Ownership

Except as otherwise indicated all materials described or depicted on this Site, including but not limited to Software, Documentations, Information and images (collectively "Content") as well as their selection and arrangement are protected by copyright, patent, trademark and/or other intellectual property rights of censhare or other third party licensors. Except as expressly provided, censhare does not grant any express or implied license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights. All rights not expressly granted herein remain reserved by censhare or other third party licensors.
The Content made available on the Site does not include the design or layout of the censhare Site or any other censhare owned, operated, licensed or controlled Web Site. Elements of the censhare Site are protected by trademark law, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any censhare Site may be copied or retransmitted unless expressly permitted by censhare. You agree to comply with any additional copyright notices, information, or restriction contained in any Content and to respect the Intellectual Property Rights of third parties when using the Content made available on this Site. Neither copyright or proprietary notices, emblems nor any feature serving to identify the Content may under any circumstances be modified or removed and shall be retained on all reproductions.
YOU MAY NOT PUBLISH, BROADCAST, TRANSMIT, TRANSFER OR SELL, RENT, LEASE, LOAN, ASSIGN, DISTRIBUTE, LICENSE, SUBLICENSE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DECOMPILE OR DISASSEMBLE, DISTRIBUTE, PERFORM, DISPLAY OR IN ANY OTHER WAY EXPLOIT THE CONTENT OR MAKE IT AVAILABLE TO ANY THIRD PARTY, IN WHOLE OR IN PART, WITHOUT PRIOR WRITTEN CONSENT OF CENSHARE, EXCEPT AS EXPRESSLY PERMITTED BY THIS TOU OR ANY OTHER APPLICABLE LICENSE AGREEMENT.

7. Software available on this Site

Subject to the limitation of warranty and liability as set out below, censhare may provide you with software, tools and utilities (i.e. updates, patches), including, without limitation to files, images incorporated in or generated by the software and data accompanying such software (collectively "Software") for use and/or download. Software made available to download is subject to intellectual and other property rights of censhare and its third party licensors. censhare hereby grants the User the non-exclusive, non-transferable, revocable, limited right to download, use and copy the Software for internal evaluation only within the limits of the TOU.
The Software made available for downloading from or through this Site can be subject to other License Agreements, such as e.g. Implementation and/or License and/or Development Agreements. Such License Agreements and the rights granted thereunder will remain unaffected and shall apply accordingly. The specific terms of the applicable License Agreements may be in addition to this TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU. Except as expressly otherwise set forth in an applicable License Agreement and in addition to any other obligation hereunder, you are not permitted to

  • use the Software for the benefit of third parties, or allow third parties to use the Software; nor to

  • disclose the Software to any third parties; nor to

  • disassemble, decompile or reverse engineer any part of the Software provided in object code and/or binary code form, for the purpose of obtaining an independent source code listing of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; nor to

  • make any other attempt to obtain an independent source code listing of the Software, provided in object code and/or binary code form, nor to

  • delete any copyright, proprietary or other notice supplied by censhare in the code of all versions of the Software in any format, nor to

  • rent, lease, sell, distribute the Software or copies thereof in any code form to any third party or otherwise commercially exploit the Software without written permission by censhare.

WITHOUT LIMITING THE FOREGOING, COPYING, STORAGE OR REPRODUCTION OF THE SOFTWARE TO ANY RETRIEVAL SYSTEM, NETWORK STORAGE DEVICE, SUCH AS A SERVER COMPUTER OR OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH STORAGE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THESE TERMS OF USE OR OTHER LICENSE AGREEMENTS APPLICABLE TO SOFTWARE AVAILABLE ON THIS SITE.

8. Documentation available on this Site

Subject to the limitation of warranty and liability as set out below, censhare provides you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereto and with other non-product related documents or printouts in any form (collectively "Documentation"). Documentation may include marketing information, news, special reports and additional information about censhare which censhare provides for your convenience.
The Documentation made available to download is subject to intellectual and other property rights. censhare hereby grants the User the non-exclusive, non-transferable, revocable, limited right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Documentation for commercial purposes, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) the use is within the limits defined by the TOU and Documentation will not be copied or posted on any network computer, stored in a retrieval system or broadcasted in any media and (3) no modifications of any Documentation are made. The Documentation made available for downloading from or through this Site can be subject to other License Agreements. Such License Agreements and the rights granted thereunder will remain unaffected. The specific terms of the applicable License Agreements may be in addition to this TOU. To the extent that such specific terms are inconsistent with the TOU, they will supersede the TOU.
THE DOCUMENTATION PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL OR FACTUAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FOR WHICH WE APPOLIGIZE, HOWEVER WE HAVE TO DISCLAIM ANY RESPONSIBILITY IN CONNECTION THEREWITH, WHETHER UNDER CONTRACT OR UNDER TORT. CENSHARE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTATIONS AT ANY TIME.

9. Forums/Interactive Areas

This Site may include discussion forums or other interactive areas. You agree not to upload to, distribute or otherwise publish through this Site any content which is unlawful, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any national or supranational law. On this Site you shall not, without the express written approval of censhare, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this Site, and censhare takes no responsibility and assumes no liability for the content of posted or uploaded material.
censhare may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post Submissions, including but not limited to discussion forums or other interactive areas and (ii) the substance of any Submission. Although it is not censhares intention to do so, censhare reserves the right, in its sole discretion, to delete or remove Submissions or any other content available through Forums/Interactive Areas and to restrict, suspend, or terminate your access to all or part of this Site, at any time if censhare have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition censhare reserves the right, in its sole discretion, to remove, edit or to block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.

10. Hyperlinks

This Site may contain hyperlinks to the web pages of third parties. censhare shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as censhare does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User. Article 9 shall apply accordingly

11. Disclaimer of Warranties and Damages

THIS SITE (INCLUDING ALL CONTENT, SERVICES, FUNCTIONS AND OTHER MATERIALS OR INFORMATIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE) ARE PROVIDED "AS IS." THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, OPERABILITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. EXCEPT AS EXPRESSLY WARRANTED IN ANY OTHER APPLICABLE LICENSE AGREEMENT, CENSHARE DISCLAIMS ALL WARRANTIES EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT ON THIS SITE OR THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
FURTHER CENSHARE DOES NOT WARRANT THAT THE SOFTWARE MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS EXEMPT FROM ERRORS, THAT ALL ERRORS MAY BE DETECTED OR CORRECTED OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CENSHARE MAKES NO REPRESENTATIONS, AND GIVES NO WARRANTIES THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, REGARDLESS WHETHER YOU HAVE BEEN INFORMED OF SUCH THIRD PARTY RIGHTS OR NOT.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CENSHARE ORDINARY NEGLIGENCE, SHALL CENSHARE, INCLUDING ITS OFFICERS, ITS EMPLOYEES AND/OR OTHER THIRD PERSONS MENTIONED AT THIS SITE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING THE LOSS OF USE, THE LOSS OF PROFITS, OR LOSS OF DATA, RELATED TO (1) THE USE OF, (2) THE INABILITY TO USE OR (3) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF CENSHARE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ANY ACTION BROUGHT AGAINST CENSHARE PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO CENSHARE IN WRITING WITHIN SIX (6) MONTHS AFTER THE DATE THE CAUSE FOR ACTION AROSE.

13. Indemnification

You agree to indemnify, defend and hold censhare and all of its agents, directors, employees, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the TOU or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in censhare’ defense of any claim. censhare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of censhare.

14. Copyright Notice

Copyright © 2002 censhare. All rights reserved.

15. Termination

If you breach any of the TOU your authorization to use this Site and all rights granted under this Agreement shall terminate automatically. In case of a termination for breach all and any Materials, including but not limited to Documentation downloaded or printed from the Site in violation of the TOU must be immediately destroyed. You have the right to terminate this TOU at any time on regular notice. The notification shall be directed via e-mail to info@censhare.com. However, the obligation to maintain confidentiality of Confidential Data as stated in this TOU will remain in force for a period of three (3) years after its termination.
Notwithstanding the above conditions, censhare reserves the right, without prior notice and in its sole discretion to revoke the authorization to view, download and print the Content available on this Site or parts thereof and to block or restrict future access to and use of this Site at any time.

16. General Provisions

The TOU shall be governed and construed in accordance with the substantive laws of Germany, without giving effect to its conflict of law provisions. By accessing or using this Site you acknowledge to be bound by this TOU and all applicable laws and regulations.

You also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent Courts of Munich, Germany, with respect for any suit, claim, action or proceeding arising out of these terms and conditions, provided that such exclusivity does not apply to legal actions initiated or brought by censhare.

Any supplemental agreement or amendment to this TOU requires written form.

If any of the provisions of the TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity, legality and enforceability of any other provision. The failure of censhare to enforce any right or provision of these TOU shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by censhare in writing.

For comments about this Site and feedback you can contact us via e-mail to info@censhare.com. Technical questions can be directed to webmaster@censhare.com. Other communications should be directed as indicated on the Site.

Last update: June 29, 2016