2. Limited Purpose of the Demo Services.
The main objective of the Demo Services is to provide those who are considering using the VisionR® Server product (the “VisionR”) with a simple and reliable, but temporary, way to test its major features. By its nature, the Demo Site is a trial site; thus, although the Demo Site may permit you to store and keep track of content, including text, photos and documents (“Content”), the Demo Site is not intended to provide you with a permanent repository for such Content, even during the limited duration of a trial Demo Account (a “Demo Account”).
Plan-Vision reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided on the Plan-Vision Site. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
4. Conditions of Use.
4.1 User Representations & Warranties.
You are solely responsible for ensuring, and you represent, warrant and covenant to Plan-Vision, that at all times you have adequate rights to use your Content in the manner in which you actually use them, and the manner in which you actually permit others to use them; thus, every time you upload, download, copy, store, display, retrieve, modify, perform, distribute, share or otherwise use any content in connection with the Demo Services, or authorize others to do any of those things, you represent, warrant and covenant to Plan-Vision that you have the right to do so. In addition, you represent, warrant and covenant to Plan-Vision that you will not use any aspect of the Demo Services, including (without limitation) the Demo Site, your Content, any content shared with you, or any other aspect of the Plan-Vision Services: (a) for any purpose which is illegal or otherwise violates applicable local, state, national or international laws or regulations; (b) in a way that infringes, misappropriates or otherwise violates the privacy, copyright, patent, trade secret, trademark or other rights of Plan-VIsion or any third party; (c) for any spamming, chain letters or other use that may disrupt any component of the Plan-Vision Services or the networks through which you access and use the Plan-Vision Services; (d) in violation of any regulation, policy or procedure of any network through which you access and use the Plan-Vision Services; (e) to access or attempt to access any Plan-Vision Account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such Plan-Vision Account; or (f) to store, retrieve, transmit or view any Content that contains any illegal images, materials or information, any harassing, libelous, abusive, threatening or harmful material of any kind or nature, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, any code or material that violates the intellectual property rights of others, or any viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. You agree not to access (or attempt to access) or permit or encourage any third party to access (or attempt to access) any Content or other aspect of the Plan-Vision Services by any means other than through a designated interface provided by Plan-Vision.
4.3 Access Resources.
You are solely responsible for providing all equipment, services, connectivity and other resources necessary to access the Plan-Vision Services, including (without limitation) a compatible computer with access to the Internet and payment of all fees associated with such access. From time to time, without prior notice to you, the form and nature of the Plan-Vision Services may change as Plan-Vision implements innovations or other changes.
4.4 Limited Content License.
This license is needed, for example, because the Plan-Vision Site may need to make copies of Content, such as on mirrored or backup servers. You retain any copyright and any other rights you already hold in Content which you create, submit, post or display on or through, the Plan-Vision Services. By creating, submitting, posting or displaying such content, you give Plan-Vision a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content on or through, the Plan-Vision Services. The foregoing license is for the sole purpose of enabling Plan-Vision to provide or improve the Plan-Vision Services, such as by (without limitation): (a) creating backup copies of Content; (b) enabling file sharing; (c) transmitting Content over various public networks; and (d) making changes as necessary to conform and adapt Content to the technical requirements of connecting networks, devices or Plan-Vision Services. You confirm and warrant to Plan-Vision that you have all the rights, power and authority necessary to grant the above license.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymizated data or an alias.
6. Third Party Services.
The Plan-Vision Services may include advertisements, links or other connections to third party websites and resources, including those which may offer fee-based products and services related to VisionR. You acknowledge and agree that Plan-Vision: (a) is not responsible for, and has no liability to you with respect to, the acts or omissions of such third parties, including (without limitation) any of the websites, products or services offered by those third parties; and (b) makes no representations or warranties concerning any of those third parties or their products or services.
7. Warranty Disclaimer; Limitation Of Liabilities.
Plan-Vision makes no promises as to the continued availability or the functionality of the Plan-Vision services. Use of the Plan-Vision and/or Demo services is at your sole risk. To the extent permitted by applicable law, the Plan-Vision services are provided on an “as is” and “as available” basis, without any warranties.
to the extent permitted by applicable law, Plan-Vision disclaims any and all promises, representations and warranties, express or implied, arising by law or otherwise, with respect to the Plan-Vision services, including as to condition, the existence of any latent or patent defects, merchantability or fitness for any particular purpose, non-infringement, or any implied warranty of information content or system integration. Without limiting the generality of the foregoing, Plan-Vision makes no promise, representation or warranty that: (a) access to the Plan-Vision services will be timely, error-, virus- or interruption-free, or secure; (b) content will not be lost, damaged or otherwise corrupted; or (c) the data or files on your computer may not be affected.
Plan-Vision will not be liable for the cost of replacing content, nor for any failure or delay in performance of the Plan-Vision services. To the extent permitted by applicable law, neither we nor any of our affiliates or vendors or subcontractors will be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, any loss of files or data, profit, revenue or business interruption), or other loss arising from your use of the Plan-Vision services or the loss of content.
You are not licensed to use the Plan-Vision Services in, or in conjunction with, any situation where failure or fault of any kind of the Plan-Vision Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). High Risk Use of the Plan-Vision Services is strictly prohibited. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use Plan-Vision Services in, or in connection with, any High Risk Use.
You agree to defend, indemnify and hold harmless Plan-Vision, its subcontractors and any related companies, along with their respective officers, directors, agents and employees (the “Plan-Vision Indemnitees”), from any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to your use of the Plan-Vision Services, including (without limitation) breach of any condition of use or any violation, infringement or misappropriation of any third party right (intellectual property or otherwise). You are jointly liable for, and shall indemnify and hold the Plan-Vision Indemnitees harmless from, any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to use of the Plan-Vision Services by those persons to whom you have provided access to your account.
9. Term & Termination.
9.2 Destruction of Content.
10. Intellectual Property.
10.1 Reservation of Rights.
Access to the Plan-Vision Services and the underlying VisionR system does not transfer to you any ownership of, or intellectual property rights in, the Plan-Vision Services or VisionR, except to the extent of those non-exclusive license rights offered by the then-current VisionR Server license. Plan-Vision reserves any and all rights not expressly granted herein. Plan-Vision® and VisionR® are registered trademarks of Plan-Vision and shall not be used without Plan-Vision’s express written authorization.
10.2 Rights in Feedback.
You can provide feedback to Plan-Vision at any time, in which case you agree that Plan-Vision may use the feedback in any way that it desires in its sole discretion, including (without limitation) by incorporating any feedback into the Plan-Vision Services and in advertising or other marketing or promotions that may attribute such feedback to you.
11. Ongoing Consent; Amendments.
12.1 Interpretation; Severability; Survival.
12.2 Binding; No Waiver; Limitations.
12.3 Governing Law; Dispute Forum. T
his Agreement shall be governed by the laws of the City of Munich, Germany, without regard to any conflict of laws provisions.
12.5 Independent Contractors.
12.6 Import/Export Laws.
You represent and warrant that you are not prohibited by the German government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which Germany has embargoed goods. You agree you will not export or re- export any materials unless you have complied with all applicable german and foreign government export controls and approvals. Plan-Vision makes no claim that content contained on the Plan-Vision Site is appropriate or may be downloaded outside Germany. If you access this website from outside Germany, you are responsible for compliance with the laws of your jurisdiction. The information on export laws provided herein is not necessarily complete.