Conditions for Use
1 Application Range
1.1 All use of the web sites offered by Xella International GmbH and/or other companies associated with it ("Xella") (hereinafter called: "Xella website") is permissible exclusively on the basis of these conditions. These general conditions for use may be supplemented, modified or replaced in individual cases by other conditions, e.g. for purchase of products and/or services. As soon as a user logs in, or, in cases where separate log-in is not required, calls up the corresponding Xella website, said user recognises the validity of these conditions for use in their latest edition.
1.2 If in using the Xella website the user acts as or on behalf of a company, i.e. in exercising a commercial or self-employed activity, or for a public body, Sec.312e Para. 1 S. 1 Nor. 1 - 3 of the German Civil Code shall be applicable.
1.3 In the case of web offers intended for a company or public body, the company or public body in question is represented by the user who is liable for his action and knowledge.
2.1 Xella provides certain information and software, where applicable in addition to documentation, for call-up or download on the Xella website.
2.2 Xella retains all rights to discontinue provision of the Xella website in whole or in part. Due to the properties of the Internet and computer systems, Xella cannot assume any liability whatsoever for uninterrupted availability of the Xella website.
3 Registration, Password
3.1 Some pages on the Xella website may be protected by password. Access to such pages is available only to registered users in the interest of security in the course of business. Users do not have any right to demand registration by Xella. Xella particularly reserves the right to make websites, which were previously freely accessible, subject to registration. Xella shall be entitled at all times to revoke access authorisation by blocking the access data, without any obligation to specify reasons for such action, particularly § when the user supplies erroneous data for registration; § has violated these conditions or has been neglectful in the use of his access data, § has violated applicable law for access or use of the Xella website or § has not used the Xella website for a longer period of time.
3.2 If registration is required, users shall be obligated to provide correct data when registering and advise Xella of any later changes immediately (where provided: online). Users shall be obligated to ensure that emails sent to the email address specified are received.
3.3 After completion of registration, the user will be assigned a user name and password (hereinafter called: "User data"). Upon first access the user shall be obligated to change the password assigned to him to a password, with which he alone is familiar. The user data allow the user to view, change his own data, or, where applicable to revoke or supplement any consent given for data processing.
3.4 Users shall be obligated to ensure that their user data is not revealed to others and are liable for orders or other actions made in combination with their user data. It is necessary to logout of the password protected area following each use. If the user becomes aware that a third party is using his data without authorisation, the user shall be obligated to notify Xella immediately in writing, where applicable on a preliminary basis via email.
3.5 After receipt of notification according to item 3.4 Xella will block access to the password protected area for this user data. This block can be rescinded only after Xella has received a separate request from the user or following new registration.
3.6 The user may request cancellation of this registration at any time in writing, when such cancellation does not affect handling of transactions in progress. In such cases, Xella will delete all user data and all other personal data relating to the user, as soon as it is no longer required.
4 Rights to Utilisation of Information, Software and Documentation
4.1 Use of the information software and documentation provided on the Xella website is subject to these conditions or, in the case of updates on information, software or documentation, to the applicable licensing conditions previously agreed on with Xella. Specially stipulated licensing conditions, e.g. for downloading software, have priority over these conditions.
4.2 Xella assigns the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the Xella website, as agreed, or, if not agreed, corresponding to the purpose intended by Xella upon provision and surrender.
4.3 Software is provided at no cost in machine readable form. Xella shall not be liable for providing the source code. Exceptions are source codes for open source software, whose license conditions have priority over these conditions upon dissemination of open source software and require provision of the source code. In such cases Xella will provide the source code upon remuneration of its own costs.
4.4 Information, software and documentation may not be sold, rented, leased or otherwise provided to third parties. Unless otherwise allowed by obligatory legal regulations, the user may not modify, reverse engineer or translate the software or documentation or separate parts thereof. The user shall be entitled to make backup copies of the software, when such copies are required to secure further use based on these conditions of use.
4.5 The information, software and documentation are protected by copyright law as well as international copyright agreements and other laws and agreements regarding intellectual property. Users are obligated to observe these laws, and specifically to refrain from removing alphanumeric identifications, markings and copyright notes from the information, software and documents and their copies.
4.6 Sections 69a ff. of the German copyright law or comparable regulations applicable on the basis of the valid copyright law, remain unaffected.
5 Intellectual Property
5.1 Regardless of the special regulations specified in item 4 of these conditions for use, information, brand names and other content on the Xella website may not be modified, copied, reproduced, sold, rented, leased, used or supplemented or otherwise exploited.
5.2 With exception of the utilisation rights and other rights specifically granted to the user here, no further rights of any type are granted to the user, particularly rights pertaining to use of company names or commercial protective rights such as patents, industrial property or trademarks, nor shall Xella be obligated to grant such rights.
5.3 If the user enters ideas or suggestions on the Xella website, Xella shall be entitled to use these for development, improvement and sale of the products in its range at no cost.
6 Obligations of Users
6.1 When using the Xella website users shall be obligated to behave in such a manner that they do not - violate conventions, commercial protective laws and copyright laws or other property rights; - transfer viruses, so-called Trojans, or other programs, which could be harmful to software; enter, store or send hyperlinks, to which they are not authorised, particularly when such hyperlinks or contents violate secrecy obligations or are illegal; - or propagate advertising, unrequested emails (so-called "spam") or unfounded warnings against viruses, malfunctions or similar or request participation in gambling games or contests, snowball systems, chain letters, pyramid games or similar activities.
6.2 Xella reserves the right to block access to the Xella website at any time, particularly when users violate their obligations resulting from these conditions.
The Xella website may contain hyperlinks to websites of third parties. Xella assumes no responsibility whatsoever for the contents of such websites, nor does Xella endorse these websites or their contents, because Xella has no control over the linked information and is not responsible for the contents and information provided there. Users use such sites at their own risk. 8 Liability for Legal or Factual Errors
8.1 If information, software or documentation is provided at no cost, Xella assumes no liability whatsoever for factual or legal deficiencies in the information, software or documentation, particularly for its correctness, freedom from errors, freedom from protective rights and copyrights of others, completeness and/or usability - except in the case of gross negligence or intent.
8.2 The information provided on the Xella website is intended as an example and specifications or general descriptions of the technical capabilities of products may not always be applicable in individual cases (e.g. due to product changes). Legally binding properties or performance characteristics for the products must therefore be agreed upon with Xella or its affiliate when the product is purchased.
9 Other Liability, Malware
9.1 Xella's liability for factual and legal deficiencies is defined in the terms in Item 8 of these conditions for use. All other liability on the part of Xella is expressly excluded unless liability is obligatory in compliance with the product liability law, due to intent, gross negligence, danger to life, limb or health, warranted properties, fraudulent concealment of a defect or violation of significant contractual obligations.
9.2 However compensation due to violation of contractual obligations is limited to foreseeable damage typical for the contract, except for intent or gross negligence.
9.3 Although Xella makes all efforts to ensure that the Xella website is kept free from malware (e,g, viruses, Trojans, computer worms, spyware and other similar software), neither Xella or its affiliates can guarantee that such malware is not present and therefore cannot assume any guarantee in this respect. Before downloading any information, software or documentation, the user is obligated to take reasonable security precautions and use a virus scanner for his own protection as well as to prevent propagation of malware on the Xella website.
9.4 Any change in the burden of proof to the disadvantage of the user is not associated with the terms specified previously in items 9.1 and 9.2.
11 Ancillary Agreements, Jurisdiction, Applicable Law
11.1 Ancillary agreements must be made in writing.
11.2 Exclusive jurisdiction for users, who are merchants within the sense of the German commercial code, is Duisburg.
11.3 The individual pages of the Xella website are controlled by Xella International GmbH and/or its affiliates, who are responsible for the content. These pages observe the requirements of the country in which the responsible company maintains its headquarters.
11.4 Xella assumes no liability whatsoever for the capability of calling or downloading information, software and/or documents from the Xella website including locations outside the country in question. When users at locations outside the country in question access the Xella website they are themselves exclusively responsible for observing the applicable regulations in keeping with their national laws.
11.5 Access to information, software and/or documentation on the Xella website is not permitted from countries where such access is illegal. In such cases and, if the user desires commercial relationships with Xella, the user himself should contact the specific Xella affiliate in the country in question or Xella International GmbH.
11.6 Use of the Xella website, or that of its affiliates, is subject to German law exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and other colliding standards in international private law. This choice of law/jurisdiction is not applicable when it is not possible to agree on this in a legally effective manner in compliance with the law applicable in each case. In such cases the local law at the place where the affiliate company has its headquarters shall be applicable.