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Conditions for using the website

I. General conditions

1 Scope
These Terms of Use ("Terms") govern the use of web sites under the domain machines.live and the information contained on the web pages (hereinafter collectively "Information"), those of Novarion IT Services GmbH ("Novarion") for retrieval and use be kept on the Internet. Use of the information is only permitted in accordance with and within the scope of the following provisions. These conditions may be supplemented, modified or replaced by further conditions in individual cases after further determination. The use always takes place at the conditions prevailing at the beginning of the respective use; the user can retrieve the current conditions via the corresponding hyperlink. By accepting the use the user agrees to the validity of these conditions. If the user does not agree with the validity of these conditions, he may not use the information. If Novarion allows the User to download software from Novarion's websites to its system and / or to receive and / or disseminate information using the Novarion systems themselves, in particular through the use of the Novarion transaction platform (hereafter collectively "ancillary services"), In addition to and in priority to these General Terms and Conditions, the Special Conditions for Additional Services listed below under II.

2. purpose of use
The information is solely for the information of our suppliers, customers and other third parties. They do not contain any binding guarantees, warranties or representations. Novarion assumes no responsibility for the accuracy, completeness, quality and reliability of the information and results obtained through the use of the information, assurances or other statements to which material decisions - such B. for the purchase or use of a particular product - should be supported. Binding statements can only be made on a case-by-case basis in response to a specific request. Novarion has compiled the information on the website to the best of its knowledge. However, they may change at any time, in particular in order to take account of technical or economic development or changed conditions of use and framework conditions, including of a price-commercial nature, without the need for an announcement or an indication of the change. Providing the information is provided free of charge, unless otherwise determined in individual cases. Novarion reserves the right to change the nature and extent of the information provided, other services and permissions at any time and without prior notice, to permit the use in the future only for a fee or to discontinue the offer altogether. Insofar as goods or other services can be ordered via the websites, Novarion itself is not the provider, unless expressly stated otherwise, but the third party named in connection with the goods or services offered. Therefore, a contract does not come with Novarion, but with the offering third party. In this case, Novarion assumes no obligations whatsoever; in particular, Novarion makes no warranty for these services, neither that they are available nor that the type, number and quality of the services correspond to the order, the presentation or other claims and specifications of the user.

3. Copyright and usage rights
All information on Novarion's websites is generally protected by law, including copyright, in favor of Novarion or third parties through national and inter-governmental agreements. The exploitation, in particular the duplication, distribution, performance, demonstration, broadcasting, making available and other rendering as well as processing and transformations are only permitted with the express prior written consent of Novarion or the third party concerned. In particular, information may not be published in whole or in part on third-party websites. Unless otherwise agreed in individual cases, Novarion grants the user the simple, revocable, non-exclusive, non-transferable right to use the information for its own non-commercial purposes. Any copyright and comparable endorsements must be adopted unchanged.

4. Registration
The use of any or all websites may make Novarion subject to prior registration. Registration by Novarion is not eligible. In particular, Novarion reserves the right to subject hitherto freely accessible websites to a registration obligation. Insofar as this is possible and reasonable in accordance with the content and purpose of the pages concerned, Novarion will enable the anonymous or pseudonymous use of the pages. If personal data are to be provided, the user is obliged to provide complete and accurate information and to update the data in the event of changes online or, if an online modification option is not available, by written notification to Novarion. If Novarion allows the user to use it upon request, Novarion will provide the user with an access code and a password ("access data"). The access data must be kept secret by the user and may not be passed on to third parties. If the user has reason to believe that his access data may have become known to third parties in whole or in part, he is obliged to inform Novarion in writing without delay - possibly in advance by e-mail ("blocking notice"); Novarion will block the access data as soon as possible. Any acts or omissions of third parties made using his or her access data until the end of a reasonable period of time after receipt of the blocking notification by Novarion shall be attributed to the user unless he proves that he is not responsible for the act or omission, and that it would also have been done in the case of proper observance of the necessary care, in particular the secrecy obligations. Novarion is entitled at any time to revoke the access authorization by blocking the access data without any reason being required, in particular if the user has made false entries for the registration, breached these conditions or violated his due diligence in dealing with the access data.

5. Privacy
The user is aware that the personal data transmitted by him are collected, processed and used within the framework of the data protection regulations, in particular the Federal Data Protection Act and the Teleservices Data Protection Act. Novarion undertakes to use the data collected, processed and stored during registration and use only within the company and not to third parties, provided that no statutory or regulatory obligation exists or the user has expressly consented to such use. As far as this is necessary for the settlement of contracts concluded online, however, the user data collected during the registration may be forwarded to the respective contractual partners and third parties.

6. Hyperlinks
The websites of Novarion may contain hyperlinks (linkages) to other websites or documents provided by third parties. Novarion is not liable for the availability, completeness or accuracy of these websites and documents. In particular, Novarion does not endorse the content of third parties, since Novarion does not control the linked information and is not responsible for the content and information provided there. The user himself will take measures to protect against viruses and other destructive data. Third party sites, like Novarion's websites, may be protected by copyright or other regulations and may be subject to separate terms of use.

7. Liability
Due to the non-binding nature of the information (see in particular section I 2), any liability for the accuracy of the information is excluded. Novarion is also not liable for damages, for whatever legal reason, arising from the use, the impossibility of use or any hardware or software errors of the web pages. Downloading or otherwise receiving information and data when using the website is at your own risk. Novarion assumes no liability for the data and information, in particular not with regard to their usability, correctness, completeness and freedom from viruses. The use is the sole responsibility of the user. The liability of Novarion for any damage resulting from the use of the web pages, in particular for business interruption, loss of profit, loss of information and data as well as consequential damages, is excluded, except in cases of willful misconduct, gross negligence, quality guarantees or due to Violation of essential contractual obligations. However, damages for breach of essential contractual obligations are limited to foreseeable damage typical for the contract, unless there is intent or gross negligence. Liability under the Product Liability Act remains unaffected by the above rules. The liability of Novarion is also excluded for damage caused by viruses, Trojan horses, hoax viruses or similar programming, as well as for programs, program parts or codes, which causes a similar impairment, destruction or decommissioning of systems or parts thereof , The user himself will take measures to protect against viruses and other destructive data. The liability of Novarion for the incorrect transmission of orders, manipulation of these order data by third parties, in particular through unauthorized access to the networks and systems of Novarion, or non-submission of orders is excluded. As far as Novarion provides telecommuication services, the liability of Novarion for financial losses that are not caused intentionally, limited to EUR 12,000 in each case. The maximum liability will be proportionally reduced if the total amount of the liability claims of all the victims exceeds EUR 10,000,000 due to a loss event.

8. Choice of law, jurisdiction
These terms of use and the use of information are exclusively subject to Austrian law without provisions that refer to other legal systems. The application of the Convention on the International Sale of Goods ("UN Sales Convention") is excluded. Jurisdiction is Vienna, as far as the user is a merchant, legal entity under public law or public law special fund or has no general jurisdiction in Austria.

9. Other provisions
If a date or time is relevant for declarations and actions, the date and time of the Novarion server shall apply unless the user proves that the statement has been made or the action has been taken at another time.


II. Special conditions for additional services

1 Scope
These Special Terms and Conditions for User Software and Information apply in all cases where Novarion allows the User to download software from Novarion's websites to its system and / or to receive and / or distribute information using the systems of Novarion itself, in particular through the use of the Novarion Transaction Platform (hereinafter collectively "Additional Services"). The above General Terms and Conditions apply to additional services without restriction, unless the following terms and conditions apply to them.

2. Copyright
As far as Novarion opens the possibility of downloading software on the web pages, the separate provisions provided for this purpose apply; In the absence of such provisions, Novarion grants the User the right to download, create, and use one (1) copy of the Software on a computer system for personal, non-commercial use only. The user is not entitled to use the software, in particular to duplicate, process, reverse engineer or pass it on to third parties without the prior written consent of Novarion. The granting of this simple right of use is as existing, to the exclusion of any liability for defects and other liability. The copyright for contributions of participants, for example in catalogs, forums, on bulletin boards and the like, remains with the respective user. However, Novarion may permanently present, distribute, hold available for retrieval by third parties, or make use of Novarion's advertisements in any manner whatsoever in any media.

3. Information of the user
Insofar as Novarion provides the user with the opportunity to provide information itself or to claim additional services, this shall be done within the scope of appropriate technical and operational resources and the following additional provisions shall apply:

  • The user is obliged to transmit only such information (including software and other data) that is not confidential, not protected in favor of third parties and does not contain harmful code (for example, viruses, Trojan horses and the like). The information must be freely usable, in particular, no rights of third parties may exist.
  • The user is liable for ensuring that the content he downloads, stores, distributes and / or publishes does not violate applicable law, in particular legal or official prohibitions, or morality.
  • In particular, the participant may not download, store, distribute and / or publish any content that could infringe or impair the rights of third parties who are illegal, inciting, pornographic, inappropriate or offensive to minors or who can be held for it.
  • The user may not distribute advertisements, viruses or unsolicited e-mail transmissions (so-called "spam") or request participation in sweepstakes, pyramid schemes, chain letters, pyramid schemes and similar actions.
  • In the case of impeachable infringements, the user releases Novarion from any third party claims in full.
  • Novarion is entitled to block or delete any information provided by the user at any time without notice and without giving reasons.

4. System usage
Novarion allows the user to use information technology systems from Novarion, e.g. the Novarion transaction platform, the user is obligated, under consideration of any technical specifications by Novarion, to procure the necessary conditions for access to the Novarion system (eg computer, internet access, browser) and maintain the resulting costs to wear. The user must observe the restrictions imposed on a case-by-case basis (for example with regard to the number and length of messages, the storage space and the like). For the news in particular paragraph II 3 applies accordingly. Novarion is under no obligation to provide support (support) in or to enable the use of additional services. Novarion reserves the right to add promotional information on the use of Novarion systems or on Novarion products and services to the information provided by the user or to third parties (including SMS messages and e-mails). The user is not authorized to remove or suppress such information. The systems may not be used by means of scripts or software in an automated or semi-automated manner, in particular for bulk mailing, but only in accordance with the respective user manual. Insofar as the provision of personal information is required (for example as sender information or as imprint), the user will provide this information truthfully and completely. There is no entitlement to the availability or maintenance of the system or the additional services, in particular the Novarion transaction platform. Novarion does not guarantee the prompt delivery, the undeliverable delivery, the deliverability and the receipt of messages to the recipient.

5. Choice of law, jurisdiction
These terms of use and the use of information are exclusively subject to Austrian law without provisions that refer to other legal systems. The application of the Convention on the International Sale of Goods ("UN Sales Convention") is excluded. Jurisdiction is Vienna, as far as the user is a merchant, legal entity under public law or public law special fund or has no general jurisdiction in Austria.

Address:
Novarion Systems GmbH
Kranichberggasse 6
A-1120 Wien

Tel.: +43 (0) 1 5441159-0
Fax.: +43 (0) 1 5441159-1110
Email: office@novarion.com

As of May 2018

 
     
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