SHARKOON Technologies GmbH
Terms of Use


1.    General
1.1
Please note that SHARKOON makes this website (“SHARKOON Website”) available to the User as a voluntary service. SHARKOON reserves the right to make changes such as the introduction of user names and passwords, users fees, etc. at any time. The User shall be informed of any such changes in advance.

1.2
As a general rule, the services provided on the SHARKOON website are free of charge. However, SHARKOON reserves the right to demand payment or charge a fee for certain services. In this case, the General Terms and Conditions of SHARKOON shall also apply to these services

1.3
Any and all use of the SHARKOON Website is subject to these Terms and Conditions of Use (“Terms of Use”). These Terms of Use may be supplemented, modified or replaced by additional conditions, e.g. relating to the purchase of products and/or services. By using the SHARKOON Website, the User accepts the validity of these Terms of Use, as amended.


2. Services
2.1
The SHARKOON Website contains information and software as well as additional product-related documentation for retrieval or download.

2.2
SHARKOON reserves the right to suspend operation of the SHARKOON Website at any time in whole or in part. Due to the nature of computer systems in general and the internet in particular, SHARKOON assumes no liability for the uninterrupted availability of the SHARKOON Website.


3. Rights of use
3.1
The user accepts that the use of the information, software and documents made available on the SHARKOON Website is subject to these Terms of Use. Updates to information, software or documents are subject to the previously agreed licence conditions. Separately agreed licence conditions shall take precedence over these Terms of Use.

3.2
SHARKOON grants the User the non-exclusive, non-transferable, limited and revocable right to use the information, software and documents available on the SHARKOON Website to the extent agreed or, if no agreement has been entered into, the extent of the purpose intended by SHARKOON in making this available.

3.3
The User may not distribute, lease or otherwise make the software, information and documents provided by SHARKOON available to third parties at any time. Commercial use is prohibited. The User may not modify, copy, disassemble, reverse engineer or decode the software or the associated documents, nor may he/she remove or delete any parts thereof. Where necessary, the User may create a backup copy of the software to safeguard its continued use on the basis of these Terms of Use.

3.4
The software, information and documents on the SHARKOON Website are protected by copyright law, international copyright agreements and other laws and agreements on intellectual property. The User undertakes to respect these rights. The User shall not modify, conceal or remove copyright notices, alphanumeric identifiers or other markings from the software, the documents or copies thereof.

3.5
Sections 69a ff. of the German Copyright Law shall remain unaffected in all other respects.


4. Intellectual property
4.1
With the exception of the rights explicitly granted in section 3, the User shall not be granted any other rights, in particular to SHARKOON’s intellectual property.

4.2
Notwithstanding the special provisions in section 3, information, brand names and other content on the SHARKOON Website may not be altered, copied, reproduced, transferred, published, licensed, sold, leased, supplemented or passed on without the prior written consent of SHARKOON.


5. Registration and password
5.1
SHARKOON reserves the right to protect some or all of the pages of the SHARKOON Website with a password or other barriers to access. In the interest of the safety and security of business transactions, such pages may then only be accessed by registered users. SHARKOON reserves the right to refuse User registrations. 
5.2
If registration is required, the User undertakes to provide truthful information and inform SHARKOON without delay (and online, where possible) of any subsequent changes. The User is responsible for ensuring that e-mail address provided by him/her is correct and that he/she also receives these e-mails.

5.3
SHARKOON in particular reserves the right to also introduce a registration requirement for websites that were previously freely accessible. In this case, SHARKOON reserves the right to revoke the User’s authorisation to access the password-protected area at any time and without giving reasons. This applies in particular if the User has registered using false or stolen data, violates these Terms of Use or the User’s duty of care as this relates to user data, violates any applicable laws in accessing or using the SHARKOON Website, or the User does not use the SHARKOON Website for an extended period of time.

5.4
The User will receive a user name and password from SHARKOON on registration (“User Data”). The User is responsible for changing the password provided by SHARKOON to a password known only to him/her the first time he/she logs in. By entering his/her User Data, the User can view and change this data, or withdraw any consent given for the processing of this data.

5.5
The User undertakes to store User Data in a place that is inaccessible to third parties and is responsible for all transactions and other activities authorised or performed using this User Data. The password-protected area must be left after each use by logging out. The User must inform SHARKOON in writing and without delay – if possible in advance by e-mail – should he/she become aware of any misuse of his/her User Data by third parties.

5.6
After receiving such a message in accordance with section 5.5, SHARKOON shall block access to the password-protected area with this User Data. To regain access, the User must submit a separate request to SHARKOON or re-register.

5.7
The User may, at any time, request in writing that his/her registration be deleted provided that the deletion does not obstruct the proper performance of the existing contractual relationship. In such cases, SHARKOON shall delete all User Data as soon as it this no longer needed.

6. Liability for legal and material defects
6.1
Insofar as information, software or documents are made available to the User at no charge, liability shall not be accepted for any material or legal defects in the information, software and documents, in particular relating to its correctness, absence of errors, freedom from third party intellectual property rights and copyright, completeness and/or usability for the intended purpose, except in the event of malicious intent or gross negligence.

6.2
The information on the SHARKOON Website may contain specifications or general descriptions of the technical abilities of individual products that may not always be available in individual cases (e.g. due to product changes). The User must therefore agree on the desired product features in each case at the time of purchase.


7. Other liability, viruses
7.1
SHARKOON’s liability for legal and material defects is set out in the provisions of section 6. Any further liability on the part of SHARKOON shall be excluded insofar as liability is not mandatory under the German Product Liability Act, due to wilful misconduct or gross negligence, due to harm to life, body or health, due to the provision of a guarantee of quality, or due to the malicious concealment of a defect. Any damages for the material breach of contract shall be limited to foreseeable damages typical of the contract unless these were caused intentionally or by gross negligence. The above limitation of liability also applies to other services provided by SHARKOON, e.g. support.

7.2
Although SHARKOON makes every effort to keep the SHARKOON Website free of viruses, SHARKOON cannot guarantee that it is virus-free. For his/her own protection and to prevent viruses on the SHARKOON Website, the User must take the necessary security measures and use a virus scanner before downloading information, software or documents.

7.3
The above provisions in sections 7.1 and 7.2 do not constitute any change in the burden of proof to the disadvantage of the User.


8. User obligations
8.1
By accessing or using the SHARKOON Website, the User undertakes not to cause harm, including to other persons and in particular to minors, and to respect their personal rights; not to violate standards of public decency; not to infringe their intellectual property or other rights of ownership; not to transfer content with viruses, trojan horses other programs that can damage software; not to send, save or upload hyperlinks or other data if not authorised to do so, especially if these hyperlinks or content breach confidentiality obligations or are unlawful; and not to distribute advertising or unsolicited e-mails (spam) or false warnings about viruses, malfunctions or similar. The User undertakes not to invite participation in lotteries, snowball systems, chain letters, pyramid schemes or similar activities or to otherwise facilitate such participation.

8.2
SHARKOON may block the User from accessing the SHARKOON Website at any time, in particular if the User violates his/her obligations arising from these Terms of Use.


9. Hyperlinks
The SHARKOON Website may contain hyperlinks to the websites of third parties, the content of which SHARKOON has no control over. SHARKOON therefore cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of these linked pages. The linked pages were checked for potential legal infringements at the time of linking. No unlawful content was identified at the time of linking. However, permanent monitoring of the content of linked pages is not reasonable without specific indications of legal infringement. Should legal infringements become known, SHARKOON shall immediately remove any such links.
10. Export control
The export of certain information, software and documents may be subject to authorization, e.g. because of their nature, intended use or final destination. The User shall strictly comply with the relevant export requirements of the EU and of its member states as these apply to information, software and documents.


11. Legal venue
The legal venue shall be Gießen if the User is a merchant within the meaning of the German Commercial Code.


12. Applicable law
12.1
The SHARKOON Website is operated and managed by SHARKOON Technologies GmbH. SHARKOON assumes no liability for the ability to access or download information, software and/or documents from the SHARKOON Website, including from locations outside of Germany. The User is solely and exclusively responsible for complying with the relevant laws of the country concerned if accessing the SHARKOON Website from locations outside of Germany. Accessing information, software and documents on the SHARKOON Website is prohibited in countries where such access is unlawful.

12.2
The law of the Federal Republic of Germany shall apply.

12.3
If individual Terms of Use are invalid, this shall not affect the validity of the remaining provisions.