1. Scope

Any use of this web site ("Linogate Web Site") provided by Linogate GmbH ("Linogate") is subject to these Terms of Use. By accessing or using the Linogate Web Site, these Terms of Use are accepted in their then current version. If you do not agree to these Terms of Use, please stop using this site or any services offered by this site immediately.

2. Services

This Linogate Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
Linogate may stop the operation of the Linogate Web Site in full or in part at any time. Due to the nature of the Internet and computer systems, Linogate cannot accept any liability for the continuous availability of the Linogate Web Site.

3. Registration, Password

Some pages of the Linogate Web Site may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Linogate reserves the right to deny registration to any user. Linogate particularly reserves the right to determine certain pages, which were previously freely accessible, subject to registration. Linogate is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its user Data.
The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its 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 notify Linogate thereof without undue delay in writing, or, as the case may be, by e-mail.
The user may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Linogate will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

Linogate grants user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the user on or via the Linogate Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Linogate in making same available.
For Software made available in object code, there shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in case the license requires the making available of the source code. In such case Linogate shall make the source code available in return for the payment of costs.
Information, software and documentation may not be distributed by the user to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the user shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof.

5. Intellectual Property

Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Linogate Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Linogate.
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the user nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
Linogate may, without charge, use any ideas or proposals stored by a user on the Linogate Web Sites for the development, improvement and sale of its products.

6. Duties of the User

In accessing or using the Linogate Web Site the user shall not harm other persons, infringe their personal rights, violate any intellectual property right or any other proprietary right. The user shall not upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data or distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material. The user must not breach public morality in its manner of use;
Linogate makes no representation that information, software and/or documentation on the Linogate Web Site are appropriate or available for viewing or downloading at locations outside Germany. If users access Linogate Web Site from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to Linogate Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited.
Linogate may deny access to the Linogate Web Site at any time, in particular if one does not comply to these Terms of Use.

7. Hyperlinks

The Linogate Web Site may contain hyperlinks to the web pages of third parties. Linogate 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 Linogate 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.

8. Liability for defects of title or quality

Insofar as any information, software or documentation is 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 willful misconduct or fraud.
The information on the Linogate Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

The liability of Linogate for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Linogate is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet 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 if there is no willful misconduct or gross negligence.
Although Linogate makes every endeavor to keep the Linogate Web Site free from viruses, Linogate cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
The previous sections of §9 do not intend nor imply any changes to the burden of proof to the user's disadvantage.

10. Export Controls

The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The user shall strictly conform with 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. Linogate shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.
The user shall particularly check and verify that
  • the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
  • no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin;
  • no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
  • no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
  • no military consignees shall be supplied;
  • the early warning instructions of the respective German authorities shall be observed.
Access to software, documentation and information on the Linogate Web Site shall only take place if such conforms with the above checks and guarantees. Where the user does not comply with the above, Linogate shall not be obliged to perform.
Upon request Linogate shall inform the user of the relevant contact points for further information.

11. Data Privacy Protection

For collection, use and processing of personally identifiable data of the user of the Linogate Web Site, Linogate shall comply with applicable laws on data privacy protection and the Linogate Web Site Data Protection Privacy Policy, which is available per hyperlink on the Linogate Web Site.

12. Supplementary Agreements, Severability Clause, Place of Jurisdiction, Applicable Law

Any supplementary agreement requires the written form.
If any term, condition or clause of these Terms of Use is found to be invalid then the remaining terms, conditions and clauses, shall remain valid.
The place of jurisdiction shall be Augsburg if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.


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