Terms of Service

Website

General

Please read these terms of use (the “Terms”) carefully before using the websites of Labs64 GmbH. and its subsidiaries (collectively “Labs64”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including Germany export and re-export control laws and regulations, diversion contrary to Germany export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Labs64 may make available through the websites (collectively, “Materials”) and any services that Labs64 may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Labs64 Websites.”

Labs64 reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Labs64 Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Labs64 Websites, constitute the entire and exclusive and final statement of the agreement between you and Labs64 with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Labs64 with respect to such subject matter. These Terms and the relationship between you and Labs64 shall be governed by the laws of the Germany as applied to agreements made, entered into and performed entirely in Germany by Germany residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Labs64 Websites shall be brought in the Federal or State courts located in Munich, Germany, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Labs64 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Labs64 and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Labs64 Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Labs64. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Labs64 without restriction.

Use of Software

To the extent that Labs64 provides for the download of proprietary Labs64 software or open source software from Labs64’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Labs64 or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Linking To Labs64 Websites

Linking to the Labs64 Websites (including an internal or subsidiary page of any website comprising a part of the Labs64 Websites) must be approved in writing by Labs64, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Labs64 Website;
2. does not utilize a Labs64 logo;
3. does not use framing of a Labs64 Website;
4. does not misrepresent an affiliation or other relationship with Labs64;
5. does not misrepresent any possible endorsement by Labs64;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Labs64.

Copyright

The contents of the Labs64 Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Labs64 Websites, except as necessary to view the Labs64 Websites.

Please direct any questions or comments to Labs64

Links to Third Party Sites

Links on the Labs64 Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Labs64 Websites. Labs64 does not endorse or make any representations about such third party websites, and Labs64 is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Labs64 does not control those websites, and Labs64 is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

Labs64 protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Labs64 software without permission from Labs64 is software piracy. Labs64 distributes and sells its product through a channel network of distributors and resellers worldwide. Labs64 does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Labs64 software through one of these avenues, you likely will find yourself with pirated software. Please contact Labs64 here for assistance with your own or another’s unauthorized use of Labs64 software.

Indemnification

You agree to indemnify, defend and hold harmless Labs64, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Labs64 Websites or violation of these Terms. Labs64 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Labs64’s defense of such claim, and in no event may you agree to any settlement affecting Labs64 without Labs64’s written consent.

Electronic Communications

When you visit the Labs64 Websites or send e-mails to Labs64, you are communicating with Labs64 electronically. We may respond to you by e-mail or by posting notices on the Labs64 Websites. You agree that all such notices, disclosures and other communications that Labs64 provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Labs64 Websites is not promised or guaranteed to be correct, current or complete, and the Labs64 Websites may contain technical inaccuracies or typographical errors. Labs64 assumes no responsibility (and expressly disclaims responsibility) for updating the Labs64 Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Labs64 Websites. Labs64 provides no assurances that any reported problems will be resolved by Labs64, even if Labs64 elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE LABS64 WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. LABS64 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LABS64 MAKES NO WARRANTY THAT THE LABS64 WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE LABS64 WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL LABS64 BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF 100.00 EUR, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE LABS64 WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF LABS64 HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Labs64 may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Labs64’s liability shall be the minimum permitted under such applicable law.

Effective: November 2, 2012
Version: v1.0