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Terms & Conditions |
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Terms and Conditions for the Use of abaCal
(Version 01 of September 2007)
Preamble
By registering as a user of abaCal (abaCal websites and the abaCal application) you agree to the following Terms and Conditions for the use of abaCal.
These Terms and Conditions stipulate the contractual relationship between the user and Brodmann Software Systeme AG, Neugutstrasse 4, CH-8304 Wallisellen (hereinafter referred to as Brodmann) which begins with the user's registration on one of the abaCal websites.
The user can access, print, download and save these Terms and Conditions at any time (also after the contract is concluded) using the "Terms and Conditions" link found on all abaCal websites.
1. Object of these Terms and Conditions
1.1 Brodmann offers the user an abaCal application that enables the user to perform calculations. A detailed description of the application can be found on the abaCal websites. The abaCal application is the Property of Brodmann and Brodmann holds all rights to abaCal, the abaCal application and all corresponding documentation.
1.2 The abaCal websites offer registered users two alternatives:
a) Free account: an account which is Free of charge and allows users Free access to the Free functions for up to 30 days
b) Premium account: an account that Provides users access to the Premium functions for a period of 3, 6 or 12 months after payment of the respective user fee.
1.3 Details regarding the user fee for the Premium account can be found on the abaCal websites in the Premium registration section. The prices stated there are binding. The user fee for the Premium account must be paid using the online payment Procedures described there. If payment cannot be collected, the user must bear all resulting costs, in particular bank charges in connection with the return of debits and comparable charges, to the extent that the user is responsible for the circumstances that gave rise to such costs. Brodmann may also send invoices for Premium account user fees to the user by e-mail.
1.4 The user acknowledges that it is not possible from a technical point of view to ensure 100% availability of abaCal. Brodmann will endeavour to Provide best possible service continuity of abaCal. In particular maintenance work, security or capacity Problems, or events beyond Brodmann 's influence (such as power cuts, disruptions to public communication networks, etc.), may, however, result in disruptions to or temporary suspensions of the abaCal services.
2. Registration
2.1 Users must register before using the abaCal services.
2.2 The user must ensure that all the information given in the registration is true and complete. No pseudonyms or stage names may be used.
2.3 Upon registering, the user will choose a password which must be kept confidential. Brodmann will not reveal the password to third parties and will never ask the user for the password.
2.4 The user acknowledges that no more than one account may be held by one and the same user. It is not permitted to have several accounts with different e-mail addresses belonging to the same user. Accounts may not be shared.
2.5 Accounts with obviously false user data will be blocked and all the data will be deleted.
3. User obligations
3.1 The user is obligated,
3.1.1 to Provide for the Protection of the account when using it. This includes not using passwords that are too simple, and not sharing the password with others.
3.1.2 to observe the documentation (Getting Started) Provided on the abaCal websites when entering data, and follow Brodmann 's instructions, in general and specifically.
3.1.3 to comply with all relevant legal Provisions when using abaCal, and respect any and all rights of third parties. In particular, the user is Prohibited from using legally Protected contents in violation of copyright, trademark, patent and utility model law, if not so authorised.
3.2 The user may not block, write over, modify, or copy, unless this is necessary for the Proper use of the abaCal services, nor take any action that may impair the functionality of abaCal, in particular overloading the system.
3.3 The user acknowledges that 5 (five) MB is the maximum volume of data which the user can enter and which can be generated by abaCal, respectively. Formula calculations that take more than 2 (two) minutes will be automatically interrupted by abaCal and will not be Processed further. It is the responsibility of the user to adapt formulas so that this limit is not exceeded.
3.4 The user further acknowledges that his or her data will expire and be deleted when the one-off 30-day period for the use of a Free account expires, or the paid period for the Premium account expires, unless the user reregisters, without interruption, for a further period of use (or in the case of a Free account for a first period of use of the Premium account) and pays the respective user fee on time.
4. Warranty
4.1 In principle, the service is available to the user from the time the user fee is paid for the period of use in question, subject to temporary disruptions or suspensions of abaCal services in connection with maintenance work, security or capacity Problems, or events beyond Brodmann 's influence (such as power cuts, disruptions to public communication networks, etc.).
4.2 Defects in the abaCal application will, at Brodmann 's discretion, be rectified by repairs or subsequent imProvements or by Providing software updates. Instructions from Brodmann on how to deal with a software defect shall be deemed sufficient rectification.
4.3 Only reProducible errors originating in defects in the abaCal application or in deviations from the functionality specified in the documentation (Getting Started) Provided on the abaCal websites shall be deemed to be defects. Only the information given in the documentation shall be considered to constitute contractual specifications of the abaCal application. Any public statements, endorsements or advertising made by Brodmann shall not be understood to represent contractual specifications of the abaCal application.
4.5 Defects in abaCal will not entitle users to claim repayment or compensation.
4.6 During the agreed period of use, data will be stored by Brodmann. The data in Free and Premium accounts will be preserved as long as the account exists. Once the account is terminated, the user's data will be deleted. All formulas and data will be lost when the one-off 30-day period for the Free account expires or the paid period for the Premium account expires, unless the user reregisters, without interruption, for a further period of use (or in the case of a Free account for a first period of use of the Premium account) and pays the respective user fee on time.
5. Liability
5.1 Brodmann accepts no liability for the abaCal application's fulfilment of the user's requirements and purposes and for the compatibility of the abaCal application with other Programs chosen and used by the user. To avoid a possible loss of stored data and damage to other Programs used concurrently with the abaCal application, the user must save such data and Programs in good time before using the abaCal application, and not use the data and Programs before first ascertaining, by means of a test, that they are completely compatible with the abaCal application.
5.2 Brodmann accepts no liability for the applications and calculations performed with abaCal (as regards their correctness, possibility of further implementation, etc.). In particular, Brodmann is not liable for any damage or loss of the user or third parties which may arise from the use of abaCal and/or the use of application and calculation results Produced with abaCal.
5.3 Brodmann 's liability is limited to intent and gross negligence.
6. Changes to the services and functions of the abaCal application
6.1 Brodmann reserves the right to change the services and functions offered on abaCal or to offer different services and functions.
7. Termination of contract
7.1 The user may cancel the Free account at any time without stating a reason. Notice of cancellation can be given by using the contact form which is accessible from all abaCal webpages. The user name and e-mail address under which the Free account is registered must be specified on the form when giving notice of cancellation.
7.2 The Premium account terminates at the end of the period of use entered in the registration Process; a notice of termination is not required. The user may renew the Premium account by reregistering without interruption for a further period of use. Brodmann may cancel the Premium account without stating a reason giving ten (10) working days notice as per the expiration of the period of use entered in the registration Process. In this case, renewal of the Premium account and re-registration of the user is not possible.
7.3 Notwithstanding the above, the user has a right of revocation if the user registered for a Premium account with a user fee of more than CHF 100 in response to Promotional material personally addressed to the user and uses abaCal for personal or family purposes only. This right must be exercised within seven days of the first registration on the abaCal websites by using the contact form linked to all abaCal webpages or by sending written notice of revocation to Brodmann Software Systeme AG, Neugutstrasse 4, CH-8304 Wallisellen. The user name and e-mail address under which the Premium account is registered must be specified when notice of revocation is given.
7.4 Brodmann is entitled to cancel a Free or Premium account with immediate effect in cases where the user is in violation of any legal Provisions or contractual obligations (especially, in the case of breaches of clauses 2, 3 and 10 of these Terms and Conditions).
7.5 In cases of cancellation, termination or failure to pay the user fee, the user’s formulas and data will be deleted.
8. Customer service and support
8.1 Users may use the contact form linked to all abaCal webpages to ask any questions they may have concerning their contract with Brodmann or Brodmann 's services.
8.2 Brodmann is not obligated to Provide maintenance for abaCal. However, Brodmann, at intervals determined at its own discretion, will update abaCal as it sees fit, rectifying errors and making other improvements.
9. Data Protection / Responsibility for users' formulas, data and information
9.1 Formulas and data will be stored in abaCal. Brodmann accepts no responsibility and no liability for formulas, data and information Provided by the user.
9.2 Formulas, data and information will be retained as long as the Free or Premium account is maintained. Once the account is cancelled, the user's data, together with all the user's work, will be lost.
9.3 Brodmann pledges to handle all the user's formulas, data and information in confidence and not to make such available to third parties. Only such data and formulas which the user releases to a abaCal forum will be available to third parties. Brodmann is aware that it is extremely important for the user that the data the user Provides to Brodmann be handled with particular care. All data sent to Brodmann will be stored and Processed in accordance with the Swiss data Protection laws. If the user does not give specific written authorisation allowing the data to be shared with a third party, the data will not be passed on, unless required by law or court order.
9.4 The user consents to data and statistics on the user's activities being created and collected. Brodmann will use this data only for internal purposes and will not share it with third parties, unless required to do so by law or court order.
10. Forums (formula pools, etc.)
10.1 By contributing to a forum (e.g. formula pool, FAQ) the user gives Brodmann an unlimited, irrevocable and transferable right of use to the information contributed, which entitles Brodmann to use it in any and every way, especially to make it permanently available on abaCal in the respective forum, to use it for marketing purposes, or to delete the data and/or information.
10.2 Brodmann thus holds the right of use for all contributions to the forums it operates. Reproduction or use of the contributions or their contents in other publications is Prohibited without the express written consent of Brodmann.
10.3 Brodmann bears no responsibility for content, data and/or information placed by users in the forums. In particular, Brodmann cannot guarantee that the content is correct, serves a particular purpose or can serve the purpose described. Brodmann is not liable for any loss or damage which may arise from the use of calculation and application results Produced with the content, data and/or information presented in the forums.
10.4 The user exempts Brodmann from any claims, including claims for compensation that may be advanced by other users and third parties for violations of their rights by content, data and/or information presented in the forums.
11. Final Provisions
11.1 Brodmann reserves the right to change these Terms and Conditions at any time without giving reasons. Changes to the Terms and Conditions shall take effect for the user when the user next registers and extends the period for his or her Premium account, respectively.
11.2 If individual Provisions of these Terms and Conditions are or become invalid, this will not affect the validity of the other Provisions.
11.3 Any disputes arising from or in connection with the use of abaCal and these Terms and Conditions shall be governed by Swiss law (private international law is expressly excluded). The place of jurisdiction is the domicile of Brodmann.
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