Terms of Use1
1. Scope
1.1. Use of these web pages offered by SCAILE Technologies GmbH and/or its subsidiaries and sub-brands ("BAENG.IT") is permitted solely in accordance with these terms. These General Terms of Use may be supplemented, modified, or replaced by additional conditions in specific instances, e.g., for purchasing products and/or services. By logging in or, where a separate log-in is not required, by starting to use the service, the validity of these terms in their respective version is accepted.
1.2. If the user is utilising the BAENG.IT website as or on behalf of a business, i.e., in the exercise of a commercial or independent professional activity, or for a public corporation, § 312i para. 1 cl. 1 no. 1 - 3 of the German Civil Code does not apply.
1.3. For web services aimed at companies or public bodies, the respective company or body is represented by the user, who must account for their actions and knowledge.
2. Services
2.1. BAENG.IT provides certain information and software, possibly including documentation, on the BAENG.IT website for retrieval or download.
2.2. BAENG.IT reserves the right to discontinue the operation of the BAENG.IT website in whole or part at any time. Due to the nature of the internet and computer systems, BAENG.IT accepts no liability for the uninterrupted availability of the BAENG.IT website.
3. Registration, Password
3.1. Some pages of the BAENG.IT website may be password-protected. Access to these pages is only available to registered users in the interest of business security. There is no claim to registration by BAENG.IT. In particular, BAENG.IT reserves the right to make access to previously freely accessible websites dependent on registration. BAENG.IT is entitled at any time to revoke access authorization by blocking access data without having to provide reasons, especially if the user:
- has provided false information for registration,
- has violated these terms or their duties of care in handling access data,
- has violated applicable law in accessing or using the BAENG.IT website, or
- has not used the BAENG.IT website for an extended period of time.
3.2. If registration is required, the user must provide truthful information for registration and promptly notify BAENG.IT (if possible: online) of any subsequent changes. The user will ensure that they receive emails sent to the email address they have provided.
3.3. Following registration, the user will receive a username and password (hereinafter also: "user data"). Upon first access, the user will change the password provided by BAENG.IT to one known only to them. The user data allows the user to view, change, or potentially revoke or expand consent for data processing.
3.4. The user ensures that their user data does not become accessible to third parties and is liable for all orders and other activities carried out under their user data. They must leave the password-protected area after each use. If the user becomes aware that third parties are misusing their user data, they are obliged to promptly notify BAENG.IT in writing, and if necessary, initially via simple email.
3.5. After receiving the notification according to clause 3.4, BAENG.IT will block access to the password-protected area with these user data. Lifting the block is only possible upon separate user application to BAENG.IT or after new registration.
3.6. The user may request the deletion of their registration in writing at any time, unless this conflicts with the processing of ongoing contractual relationships. In this case, BAENG.IT will delete all user data and all other stored personal data of the user as soon as they are no longer needed.
4. Rights to Use Information, Software, and Documentation
4.1. The use of the information, software, and documentation provided on the BAENG.IT website is subject to these terms or, in the case of updates, the earlier agreed and applicable license conditions with BAENG.IT. Specially agreed license conditions, e.g., when downloading software, take precedence over these terms.
4.2. BAENG.IT grants the user a non-exclusive and non-transferable right to use the provided information, software, and documentation on the BAENG.IT website to the agreed extent or, if not agreed, as intended by the purpose of provision and transfer by BAENG.IT.
4.3. Software is provided in machine-readable form free of charge. There is no entitlement to release the source code. Exceptions are source codes of Open Source Software, whose license conditions, which take precedence over these terms when Open Source Software is passed on, require the release of the source code. In this case, BAENG.IT will provide the source code against reimbursement of costs.
4.4. At no time may information, software, or documentation be distributed, rented, or otherwise provided to third parties by the user. Unless mandatory legal regulations permit otherwise, the user may not modify, reverse engineer, or translate the software or its documentation, nor may they extract any parts. The user may create a backup copy of the software if this copy is required for the backup of future use based on these terms of use.
4.5. The information, software, and documentation are protected by copyright laws and international copyright treaties, as well as other laws and agreements concerning intellectual property. The user will observe these rights, particularly removing no alphanumeric identifications, trademarks, or copyright notices from the information, software, or documentation or from copies thereof.
4.6. §§ 69a et seq. of the Copyright Act remain unaffected however.
5. Intellectual Property
5.1. Regardless of the special provisions in clause 4 of these terms of use, information, brand names, and other content of the BAENG.IT website may not be altered, copied, duplicated, sold, leased, used, supplemented, or otherwise exploited without the prior written consent of BAENG.IT.
5.2. Outside the rights of use or other rights expressly granted herein, no other rights are granted to the user of any kind, particularly with respect to the company name and commercial protective rights, such as patents, utility models, or trademarks, nor does BAENG.IT have a duty to grant such rights.
5.3. If the user provides ideas and suggestions on the BAENG.IT websites, BAENG.IT may use them free of charge to develop, improve, and sell its services and products.
6. Obligations of the User
6.1. When using the BAENG.IT website, the user must not:
- violate public morality in their usage behavior;
- infringe upon industrial property rights or other proprietary rights;
- transmit content with viruses, so-called Trojans, or other programs that could damage software;
- input, store, or send hyperlinks or content to which they are not entitled, especially if such hyperlinks or content infringe confidentiality obligations or are illegal; or
- distribute, send, or offer unsolicited emails (so-called "spam") or incorrect warnings of viruses, defects, or similar content, or invite participation in lottery, competition, pyramid schemes, and comparable actions.
6.2. BAENG.IT may at any time block access to the BAENG.IT website, particularly if the user breaches their obligations under these terms.
7. Hyperlinks
7. Notwithstanding BAENG.IT's efforts to keep the BAENG.IT website free of viruses, BAENG.IT cannot guarantee that it is virus-free. The user must, for their own protection and to prevent the transmission of viruses, take the necessary steps to ensure appropriate security measures and utilize a virus scanner before downloading any information, software, or documentation.
8. Liability for defects of title or quality
8.1. Insofar as information, software, or documentation is made available free of charge, any warranty for defects of title or quality of the information, software, and documentation, particularly regarding its accuracy, absence of defects, or the absence of third-party intellectual property rights, freedom from defects, or fitness for purpose are excluded, except for cases involving willful misconduct or fraud.
8.2. The information on the BAENG.IT website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g., due to product changes).
9. Other Liability, Viruses
9.1. The liability of BAENG.IT for defects of title or quality is determined by the provisions of clause 8 of these terms of use. Otherwise, any liability of BAENG.IT is excluded unless liability is mandatory, for example under the Product Liability Act, in cases of intent, gross negligence, injury to life, body, or health, or breach of fundamental contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the contractually typical foreseeable damage, unless there is intent or gross negligence.
9.2. Although BAENG.IT makes every effort to keep the BAENG.IT website virus-free, BAENG.IT cannot guarantee that it is virus-free. For their own protection and to prevent the introduction of viruses to the BAENG.IT website, the user will ensure appropriate security devices and virus scanners before downloading any information, software, or documentation.
9.3. No change in the burden of proof to the disadvantage of the user is associated with the above provisions in clauses 9.1 and 9.2.
10. Compliance with Export Control Laws
10.1. The user must comply with all relevant national and international (re-) export control laws when passing on information, software, or documentation supplied by BAENG.IT. In any case, they must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America.
10.2. Before forwarding such information, software, or documentation provided by BAENG.IT to third parties, the user will, in particular, verify and ensure through appropriate measures that
- such a transfer does not violate any embargo imposed by the European Union, the United States of America, and/or the United Nations, considering any restrictions for domestic business transactions and prohibitions on circumventing such restrictions of the regulations;
- such BAENG.IT-provided information, software, and documentation is not used for any prohibited or permit-required military, nuclear, or armament-related uses, unless permitted;
- the regulations of the relevant sanctions lists of the European Union and the United States of America are observed regarding business dealings with the entities, individuals, or organizations named therein.
10.3. If required to conduct export control checks by authorities or BAENG.IT, the user will, upon request, provide BAENG.IT with all necessary information about the end recipient, the final destination, and the intended use of the information, software, and documentation provided by BAENG.IT.
10.4. The user will indemnify BAENG.IT against any claims asserted by authorities or other third parties against BAENG.IT due to the non-observance of the mentioned export control obligations by the user. The user shall bear all associated costs and damages incurred by BAENG.IT unless the user is not responsible for the breach of obligations. No reversal of the burden of proof occurs hereby.
11. Supplementary Agreements, Venue, Applicable Law
11.1. Any supplementary agreements require written form.
11.2. The place of jurisdiction is if the user is a merchant within the meaning of the Commercial Code, the court with jurisdiction is at the location where BAENG.IT has its head office. The pages comply with the requirements of the particular country where the responsible company has its headquarters. BAENG.IT assumes no liability for the fact that information, software, and/or documentation from the BAENG.IT website is also retrieved or downloadable at locations outside the relevant country. If users access the BAENG.IT website from locations outside the respective country, they are solely responsible for compliance with the relevant laws. Access to BAENG.IT's website or its contents from countries where such access is illegal is prohibited. In such cases, and if the user wishes to engage in business dealings with BAENG.IT, the user should contact BAENG.IT representatives in the relevant country.
11.3. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
