Should the user, while using the Scanfil website, act as business customer, meaning that he is not acting for purposes which are outside their trade, business or profession, or that he acts as administration customer, § 312e 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.
2.1 On the website Scanfil offers specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2 Scanfil may stop the operation of the Scanfil website in full or in part at any time. Due to the nature of the internet and computer systems, Scanfil cannot accept any liability for the continuous availability of the Scanfil website.
3. Registration, Password
3.2 For registration the user shall give accurate information and, where such information changes over time, shall inform Scanfil thereof (to the extent possible: online) without undue delay. The user shall ensure, that the e-mail address, as supplied to Scanfil, will be current and an address at which the user can be contacted.
3.3 Upon registration the user will be provided with a user ID and a password („User Data“). On first access the user shall change the password received from Scanfil into a password known only to the user. The user data allow the user to view or change his data or, as the case may be, to withdraw or expand his consent to data processing.
3.4 The user shall ensure that the user data will not be accessible to third parties and is liable for all transactions and other activities carried out under his user data. At the end of each online session, the user shall log-off from the password protected websites. If and to the extent the user becomes aware that third parties are misusing its user data the user shall inform Scanfil thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, Scanfil shall block any access to the password-protected area under such user data. Access will only be possible again upon the user’s application to Scanfil or upon new registration.
3.6 The user may at any time demand the deletion of his registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Scanfil will delete all user data and other stored personal data of the user as soon as these data are not needed anymore.
4. Rights of Use to Information, Software and Documentation
4.2 Scanfil grants the user a non-exclusive and non-transferable right to use the information, the software and documentation made available to the user on the Scanfil website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Scanfil in making the same available.
4.4 Information, software or documentation may not be distributed, rented or made available in any other way by the user to any third party at any time. Unless such is allowed by mandatory law, the user shall not modify, disassemble or reverse engineer the software or its documentation, or separate any part thereof. The user may make one backup copy of the software where necessary to secure further use.
4.5 The information, software and documentation are protected by copyright laws as well as international copy-right treaties as well as other laws and agreements related to intellectual property. The user shall observe such laws and shall not remove alphanumeric codes, marks and copyright notices from the information or from the software or documentation.
4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Scanfil website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Scanfil.
5.2 Except for the rights of use and other rights expressly granted herein, no further rights shall be granted to the user nor shall any duty for Scanfil be implied to grant rights to, such as, but not limited to, company’s name or to intellectual property rights such as patents, brands or utility models.
6. Duties of the User
6.1 While using the Scanfil website the tser shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in manner of use; violate any intellectual property right or any other proprietary right; transmit any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or distribute advertising or unsolicited e-mails (so-called „spam“) or incorrect warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
The Scanfil website may contain hyperlinks to websites of third parties. Scanfil accepts no liability for the contents of such websites and does not make representations about or endorse such websites or their contents as its own, as Scanfil does not control the information on such websites and is not responsible for the contents and information given there. The use of such websites shall be at the sole risk of the user.
8. Liability for Defects of Title and Quality
8.1 Should any information, software or documentation be made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/ or fitness for purpose are excluded except for cases involving wilful misconduct or fraud as well as personal injury or death.
8.2 The information may contain general descriptions of technical possibilities of individual products which may not be available in specific cases (e.g. due to product changes). The desired performance characteristics of the products shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
9.1 Scanfil’s liability for defects of quality and title shall be determined in accordance with the provisions of § 8 of these conditions. Any further liability of Scanfil is excluded unless required by law, e.g. in cases of wilful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage given that there is no wilful misconduct or gross negligence.
9.2 Although Scanfil is always endeavoured to keep the Scanfil website free from viruses, Scanfil cannot make any guarantee that it is virus-free. For his own protection, the user shall take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation on the Scanfil website.
9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.
10. Export Controls
10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The user shall strictly adhere to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Scanfil shall label information, software and documentation in relation to German, EU and U.S. export control lists.
10.2 In particular, the user shall check and verify that the information, software and documentation provided shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use; no company or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.;
no company or person listed in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission;
and the early warning advice notices of the respective German authorities shall be observed. Access to software, documentation and information on the Scanfil website shall only take place if such conforms with the above tests and guarantees. Where the user does not comply with this, Scanfil shall not be obliged to perform.
11. Data Protection
For collection, use and processing of personal data of Scanfil’s website’s user Scanfil shall comply with applicable laws on data protection. For further information regarding this please check the header „Data Protection“
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.1 Any supplementary agreements require the written form.
12.2 The place of jurisdiction shall be Mühlhausen if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).