Terms of Use1
1. Scope
1.1. Use of these web pages offered by SCAILE Technologies GmbH and/or its subsidiaries and brands ("therlo") (hereinafter: "therlo-Website") is only permitted on the basis of these terms. These General Terms of Use may be supplemented, modified, or replaced in individual cases by further conditions, e.g., for the purchase of products and/or services. By logging in or, if a separate login is not required, by starting to use, the applicability of these terms of use in their respective current version is accepted.
1.2. If the user uses the therlo-Website as a company or on behalf of a company, i.e., in the course of a commercial or independent professional activity, or a public corporation, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
1.3. For web offerings aimed at companies or public corporations, the respective company or corporation is represented by the user, who must attribute their actions and knowledge.
2. Services
2.1. therlo provides certain information and software, possibly including documentation, for retrieval or downloading on the therlo-Website.
2.2. therlo is entitled to discontinue the operation of the therlo-Website entirely or in part at any time. Due to the nature of the internet and computer systems, therlo cannot guarantee the uninterrupted availability of the therlo-Website.
3. Registration, Password
3.1. Some pages of the therlo-Website may be password-protected. Access to these pages is only possible for registered users in the interest of business security. There is no entitlement to registration by therlo. therlo particularly reserves the right to subject previously freely accessible web pages to registration. therlo is entitled to revoke the access authorization by blocking access data at any time without giving reasons, particularly if the user:
- provided false data for registration,
- breached these terms or their care obligations in handling the access data,
- violated applicable law in accessing or using the therlo-Website, or
- has not used the therlo-Website for a prolonged period.
3.2. If registration is intended, the user must provide truthful information for registration and immediately notify therlo of any subsequent changes (as far as is provided: online). The user ensures that they are able to receive the emails sent to the email address provided by them.
3.3. After successful registration, the user will receive a username and password (hereinafter also: "user data"). Upon first access, the user will change the password provided by therlo to one known only to them. The user data allows the user to view, change, or revoke given consent to data processing or expand it.
3.4. The user ensures that third parties do not gain access to the user data and is liable for all orders and other activities carried out under the user data. After each use, the password-protected area must be left. If the user becomes aware that third parties are misusing the user data, they are obliged to notify therlo in writing immediately, possibly in advance by simple email.
3.5. Upon receipt of the notification pursuant to clause 3.4, therlo will block access to the password-protected area with these user data. The lifting of the block is only possible after a separate application by the user to therlo or after new registration.
3.6. The user can demand the deletion of their registration in writing at any time, as long as such deletion does not contradict the processing of ongoing contractual relationships. therlo will delete all user data and all other stored personal data of the user in this case as soon as they are no longer needed.
4. Usage Rights to Information, Software, and Documentation
4.1. The use of information, software, and documentation made available on the therlo-Website is subject to these terms or, in the case of updates to information, software, or documentation, to the license conditions already agreed upon with therlo and relevant. Separately agreed license conditions, e.g., when downloading software, take precedence over these terms.
4.2. therlo grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the therlo-Website to the agreed extent or, if nothing is agreed, to the purpose pursued by therlo with the provision and transfer thereof.
4.3. Software is provided free of charge in machine-readable form. There is no claim to the issuance of the source code. Exemptions are source codes of open source software, whose license conditions, which take precedence over these terms in the case of the transfer of open source software, stipulate the release of the source code. In this case, therlo will provide the source code against reimbursement of costs.
4.4. Neither information, software, nor documentation may be distributed, rented, or otherwise made available to third parties by the user at any time. Unless mandatory legal regulations permit otherwise, the user may not change, reverse engineer or translate the software, its documentation, or remove parts thereof. The user may create a backup copy of the software if this copy is required for future use on the basis of these terms of use.
4.5. The information, software, and documentation are protected by copyright laws and international copyright treaties as well as by other laws and agreements on intellectual property. The user will observe these rights, especially without removing alphanumeric identifiers, brands, and copyright notices from the information nor the software nor the documentation nor copies thereof.
4.6. Sections 69a et seq. of the Copyright Act shall remain unaffected otherwise.
5. Intellectual Property
5.1. Notwithstanding the particular provisions in clause 4 of these terms of use, information, brand names, and other content from the therlo-Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without prior written consent from therlo.
5.2. Except for the rights of use and other rights expressly granted herein, no other rights of whatever kind, particularly to the company name and intellectual property rights such as patents, utility models, or trademarks, will be granted to the user, nor is therlo obliged to grant such rights.
5.3. If the user leaves ideas and suggestions on the therlo-Websites, therlo may use them free of charge for the development, improvement, and sale of the services and products from its portfolio.
6. User Obligations
6.1. When using the therlo-Website, the user must not:
- violate public morality with their behavior;
- infringe any industrial property rights or copyrights or other proprietary rights;
- upload content with viruses, Trojan horses, or other programs that can damage software;
- enter, store or send hyperlinks or content to which they are not authorized, especially if these hyperlinks or content violate confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited emails (so-called "spam") or incorrect warnings of viruses, malfunctions, and the like, or solicit participation in sweepstakes, pyramid schemes, chain letter, or similar actions.
6.2. therlo may block access to the therlo-Website at any time, especially if the user breaches their obligations from these terms.
7. Hyperlinks
The therlo-Website may contain hyperlinks to third-party websites. therlo neither assumes responsibility for the content of these websites nor does therlo adopt these websites and their contents as their own, as therlo does not control the linked information and is not responsible for the content and information provided there. Their use is at the user’s own risk.
8. Liability for Material and Legal Defects
8.1. Where information, software, or documentation is provided free of charge, liability for material and legal defects of the information, software, and documentation, especially for their correctness, absence of errors, freedom from protection and copyright rights of third parties, completeness and/or usability – except in case of intent or fraud – is excluded.
8.2. The information on the therlo-Website may contain specifications or general descriptions of technical possibilities of products, which may not always be present in individual cases (e.g., due to product changes). Therefore, the desired performance characteristics of the products are to be agreed upon individually at purchase.
9. Other Liability, Viruses
9.1. The liability of therlo for material and legal defects is determined by the provisions in clause 8 of these terms of use. Otherwise, any liability of therlo is excluded, unless, for instance, under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, due to the assumption of a guarantee for the quality, due to the fraudulent concealment of a defect, or due to the breach of essential contractual obligations liability must be compulsory. However, damages for the breach of essential contractual obligations are limited to foreseeable damage typical of the contract, provided there is no intent or gross negligence.
9.2. Although therlo always strives to keep the therlo-Website virus-free, therlo does not guarantee freedom from viruses. Before downloading information, software, and documentation, the user will ensure their own protection, as well as prevent viruses on the therlo-Website, with appropriate security measures and virus scanners.
9.3. A change in the burden of proof to the detriment of the user is not associated with the above provisions in clauses 9.1 and 9.2.
10. Compliance with Export Control Regulations
10.1. In passing on the information, software, and documentation provided by therlo to third parties, the user must observe the applicable regulations of national and international (re-) export control law in each case. In any case, they must comply with the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America in the event of such a transfer.
10.2. The user will, before any such transfer, especially verify and ensure by suitable measures that
- they do not violate an embargo of the European Union, the United States of America and/or the United Nations by such a transfer to third parties or by providing other economic resources in connection with information, software, and documentation provided by therlo - also in regard to possible restrictions for internal German dealings and possible prohibitions for circumventing;
- the relevant information, software, and documentation provided by therlo are not intended for any prohibited or license-requiring armament, nuclear, or weapon technology use, unless the required licenses have been obtained;
- the provisions of all relevant sanctions lists of the European Union and the United States of America concerning the business transactions with companies, persons, or organizations mentioned there are observed.
10.3. If required for the execution of export control checks by authorities or therlo, the user will, upon request, immediately provide therlo with all information about the end recipient, end use, and purpose of the information, software, and documentation provided by therlo, as well as any relevant export control restrictions.
10.4. The user shall fully indemnify therlo from all claims made by authorities or other third parties against therlo due to the violation of the above export control obligations by the user, and they are obliged to compensate all damages and expenses incurred by therlo in this context, unless the user is not responsible for the breach of duty. A reversal of the burden of proof is not associated herewith.
10.5. The contract fulfillment by therlo is subject to the reservation that there are no obstacles due to national or international foreign trade law regulations as well as no embargoes and/or other sanctions.
11. Supplementary Agreements, Jurisdiction, Applicable Law
11.1. Supplementary agreements must be in writing.
11.2. The place of jurisdiction is Munich, if the user is a merchant in the sense of the German Commercial Code.
11.3. The individual pages of the therlo-Website are managed and operated by SCAILE Technologies GmbH and/or its subsidiaries. The pages consider the requirements of the respective country where the responsible company is located. therlo does not assume responsibility for ensuring that information, software, and/or documentation from the therlo-Website may also be retrieved or downloaded at locations outside the respective country. If users access the therlo-Website from outside the respective country, they are solely responsible for ensuring compliance with the respective applicable legal provisions under the respective country's law. Access to information, software and/or documentation on the therlo-Website from countries where such access is illegal is not permitted. In this case, and if the user wishes to engage in business relations with therlo, they should contact therlo representatives in the respective country.
11.4. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
