ABEG Quickfinder professional and the integrated eAssistant modules and components, as well as the accompanying website, are operated by Findling Wälzlager GmbH, Schoemperlenstraße 12, 76185 Karlsruhe (hereinafter referred to as Findling) and GWJ Technology GmbH, Rebenring 33, 38106 Braunschweig, Germany (hereinafter referred to as GWJ Technology) and are under the sole copyright of GWJ Technology.
These terms and conditions of use form the basis of the license agreement for ABEG Quickfinder professional between Findling, GWJ Technology, and the end user.
II: Commencement of the license agreement
1. Trial access
The agreement governing the use of trial access to the ABEG Quickfinder professional will commence after the end user to Findling submits an offer for conveying the authorization of access to the trial account and Findling and GWJ Technology accept the offer by sending the access data.
When the agreement is concluded, Findling and GWJ Technology shall grant the user a basic, non-exclusive right of use for the duration of the test account.
2. Access fee
The agreement on the use of ABEG Quickfinder professional will commence after the end user submits to Findling an offer for activating the authorization of access (by mail or fax) and Findling and GWJ Technology accept the offer by activating the access data.
When the agreement is concluded, Findling and GWJ Technology shall grant the user a basic, non-exclusive right of use for the duration of this agreement.
III. Authorization of access
1. Obtaining of authorization of access
Upon commencement of the agreement, the end user shall obtain authorization of access for the use of ABEG Quickfinder professional from Findling.
2. Access restrictions
The end user shall not acquire any copyright or other proprietary rights to ABEG Quickfinder professional when obtaining the authorization of access. The access is restricted to natural persons registered under complete and accurate address data.
3. Use by third parties
The disclosure of the access data (username and password) to third parties and the use of the access data by third parties are not permitted without the prior written consent of Findling and GWJ Technology.
IV. Liability, warranty
The following limitations of liability and warranty limitations do not apply in cases of malice or gross negligence on the part of Findling or GWJ Technology, their legal representatives or their vicarious agents and in cases of injury to the life, limb or health of Findling’s or GWJ Technology’s contractual partner.
1. Limitation of liability for damages due to interruption and inaccessibility
Findling and GWJ Technology do not warrant that the operation of ABEG Quickfinder professional will be uninterrupted or error free.
2. Limitation of liability for damages caused by using the software
Findling and GWJ Technology shall not be liable for damages such as loss of data, revenue or profits or any other special, incidental, direct or indirect or other consequential loss or damage resulting from the use of the services except a deliberate and grossly negligent breach of contract by Findling or GWJ Technology, their legal representatives or their vicarious agents.
This limitation of liability applies even if Findling or GWJ Technology is expressly advised of the possibility of such damages.
3. Limitation of liability for damages due to a lack of information
Findling and GWJ Technology shall not be liable for damages resulting from incorrect, incomplete, faulty or out-dated information or statements.
4. Liability limitation for damages due to faulty software
Findling and GWJ Technology have endeavored to take all reasonable and appropriate care in the preparation of the provided software and have checked all information for accuracy.
Findling and GWJ Technology do not accept liability for any loss or damage that may result either directly or indirectly from faulty software, especially those resulting from the application, use and/or interpretation of data and the acquired results.
5. Limitation of liability for technical problems
Findling and GWJ Technology shall not be liable for technical problems of the end user where such problems do not fall within the scope of Findling’s or GWJ Technology’s responsibility.
V. Right of termination on the grounds of infringement of the terms and conditions of use
Findling and GWJ Technology shall be entitled to terminate the agreement without prior notice if, in the sole judgement of GWJ Technology, the end user fails to comply with any of the provisions of the agreement. Findling and GWJ Technology also reserve the right to suspend ABEG Quickfinder professional and related websites without prior notice.
VI. Data protection
1. Storage, use and transfer of data
Findling and GWJ Technology take the protection of personal data very seriously and provide for the protection of the privacy of the end user in all business proceedings. Findling and GWJ Technology will store personal data only when they are given in connection with a registration or a survey. Findling and GWJ Technology will use personal data of the end user to the respectively necessary extent only for the technical administration of the ABEG Quickfinder professional software, accounting purposes, the administration of prospective and actual customers, product surveys, and internal marketing tasks. The disclosure of data to third parties is not permitted without the prior written consent of the end user. Findling and GWJ Technology’s employees are obliged to maintain confidentiality. The ABEG Quickfinder professional software and related websites may contain links to websites of other providers to which this data protection declaration does not extend. For further information, please refer to our general data protection regulations.
2. Data protection measures, obligation to confidentiality
Findling and GWJ Technology use technical and administrative security measures to protect all processed data against incidental or deliberate manipulation, loss, damage or unauthorized access of third parties. Findling and GWJ Technology are obliged to handle all data entrusted to them as strictly confidential.
VII. Jurisdiction and applicable law
The jurisdiction and place of performance for any disputes arising from of the use of these services and the performance thereof shall be Karlsruhe for Findling and Braunschweig for GWJ Technology. This agreement is governed by German law.
If any of these terms and conditions is held to be invalid or unenforceable, the remainder of this agreement shall continue in full force.