(as of September 1st, 2007)
Please read the following provisions carefully.
These general business and licensing conditions of debids data GmbH - hereinafter referred to as debids data - shall govern the transfer and use of debids data's licensed programs.
The agreement between the Customer and debids data regarding the software download or the delivery of the licensed programs shall come into force when the Customer, following choice of product, order placement and payment of the licence fee, has downloaded the licensed programs involved or received an order confirmation for the delivery of the licensed programs via email or by post.
The downloading operation, and every installation of the licensed programs, signifies implied acceptance of these licensing conditions. The downloading or delivery of the licensed programs and the granting of usufructuary rights to them shall be explicitly tied to compliance with these General Business and Licensing Conditions.
Explicit, written or electronic consent from Customer shall not be necessary in order to effectively agree the applicable validity of these General Business and Licensing Conditions.
The licensed programs are the property of debids data, and protected by copyright laws, industrial property rights, and other national statutory provisions, plus laws and agreements concerning intellectual property.
debids data reserves all rights, particularly copyrights, patent rights, brand rights and further industrial and other property rights to the licensed programs, the documentation, and changes to and derivations from these. The Customer receives merely a usufructuary right to the licensed programs and documentation, and not ownership.
Identifications, brands, or references denoting industrial property rights or other forms of legal ownership within the licensed programs may be neither removed nor altered. They must be transferred together with the programs on every copy.
debids data grants to the Customer, after registration and payment of the licence fee, the non-exclusive right to install, to load and run the licensed programs on one computer system per licensed user. Note that a licence must be purchased for each computer system on which the licensed programs are installed. A licence is thus tied to a particular computer system.
The Customer shall be entitled to additionally create a back-up copy and customary data back-ups in reasonable numbers.
The Customer shall furthermore be entitled to alter the licensed programs so as to enable them to interact with other software programs.
In the case of an alteration required in order to establish interoperability or for remedying a fault, the licensed programs may be edited.
Any further utilisation of the licensed programs shall require an additional granting of rights by debids data.
Special conditions for the test version Diagnostician Trial
This software version is handed over to the Customer solely for testing purposes, for a period of thirty (30) days. It is prohibited to pass on this software package to third parties. This test software is made available under exclusion of any warranty and liability whatsoever.
The use and utilisation of the licensed programs for military, nuclear-engineering, aviation and automotive-engineering purposes are explicitly prohibited. If the licensed programs are to be used directly or indirectly in one of the above-mentioned fields or in other software-controlled or influenced fields where human life or health may be at risk, this shall require a prior explicit agreement with debids data.
5.1 The warranty period is 12 months, and shall begin when the licensed programs are downloaded onto the Customer's computer system or when receiving the data carrier upon delivery.
5.2. Software faults are solely reproducible faults, whose causes are to be found in defects in the licensed program concerned, and in deviations of functionality between the licensed program supplied and the documentation.
5.3. For defects in the licensed programs, debids data will initially at its own discretion, provide a warranty either by remedying the defect or by supplying a new software release. Instructions from debids data for bypassing a software defect shall be construed as sufficient remediation.
5.4. If the attempt at subsequent performance is unsuccessful, the Customer may, at his discretion, demand a reduction in the price (diminution) or cancellation of the agreement (rescission). If the violation of contract is only slight, however, particularly in the case of merely minor defects, the Customer shall not have any right of rescission.
If the licensee chooses to withdraw from the agreement because of a legal or substantive defect following a failed attempt at subsequent performance, he shall not be additionally entitled to claim damages by reason of the defect concerned.
5.5. The agreed qualities of the licensed programs shall in all cases be construed as only those particulars provided in the documentation package for the licensed program concerned. Public statements, recommendations or advertising from debids data shall not additionally constitute any contractual qualities regarding the licensed programs involved.
6.1 When using the licensed programs, in order to avoid damage that may be caused to other programs or stored data being used simultaneously, the Customers shall in good time before using/utilising the licensed programs back up the programs and data involved, and not use programs of this kind in actual operation before he has verified the flawless quality of these programs by a test routine.
debids data will not accept any liability for ensuring that the licensed programs are suitable for the Customer's requirements and purposes or are interoperable with other programs chosen and used by him.
6.2. debids data shall be liable, irrespective of the legal grounds involved, only for intent and gross negligence. This shall not apply to loss or damage arising from injury to human life, limb and health, if debids data is to blame for the breach of duty and other loss or damage arising from an intentional or grossly negligent breach of duty on the part of debids data.
In the event of culpable violation of significant contractual obligations, debids data shall be liable with the proviso that the liability concerned shall be limited to the reasonably foreseeable loss or damage typical for such agreements. debids data shall not be liable in the event of slightly negligent violation of insignificant contractual obligations.
The typically foreseeable scope of loss or damage shall, with due regard for the nature of the licensed programs, in no case exceed the price, excluding value added tax, that the Customer has paid for transfer of the licensed programs.
6.3. If debids data has with intent to deceive concealed a defect or accepted a guarantee for the quality of the licensed programs, the exclusions of and limitations on liability shall not apply.
6.4. debids data shall be liable under the German Product Liability Act (Produkthaftungsgesetz).
debids data shall not be obligated to provide maintenance for the licensed programs. debids data shall, however, at its discretion and at intervals specified by debids data, supply the customers with minor updates to the licensed programs free of charge. Note that minor updates contain corrections of errors and improvements to the licensed programs.
debids data shall inform the Customers about the chargeable provision of major updates to the licensed programs, and shall make these major updates available to them for downloading or delivery on data carriers following payment of the price concerned. Major updates shall contain new, additional functionalities besides correcting errors and improving the licensed programs.
For detailed information please see our Privacy Policy.
9.1 These conditions are subject to German law. The UN Convention on Contracts for the International Sale of Goods is excluded.
9.2 If the Customer concerned is a merchant within the meaning of the German Commercial Code, a separate property or a juristic person under public law, then Wiesbaden, Germany, shall be the sole place of jurisdiction for all disputes arising from these General Business and Licensing Conditions.
9.3. Alterations and supplements to these conditions must be made in writing. This shall also apply for altering this requirement for the written form.
9.4. Should individual provisions of these General Business and Licensing Conditions be or become in whole or in part not legally valid or inoperable, this shall not affect the validity of the other provisions contained in these General Business and Licensing Conditions. The same shall apply in the event that there is an omission in these provisions' coverage.
If the licensed programs are delivered on data carriers, you can cancel your purchase order within a period of two weeks after receipt of the consignment by returning the data carriers concerned.
If the licensed programs are downloaded, you can revoke your contractual declaration regarding conclusion of the licensing agreement with debids data within two weeks from concluding such an agreement, without stating reasons, in textual form (e.g. letter, fax, email). The 2-week period, however, shall not begin until these instructions have been received. To comply with the deadline for revocation, it shall be sufficient to send off the revocation or the data carriers in good time. The revocation and the return consignment must be addressed to:
In the case of delivery on data carriers, the right of revocation shall expire as soon as the packaging has been opened.
If the licensed programs have been downloaded, the right of revocation shall expire as soon as the key or download link has been sent to you, and the download operation has begun. The right of revocation shall not apply for entrepreneurs.
(as of May 25th, 2018)
The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.
The debids data Web site contains links to other Web sites. debids data is not responsible for the privacy practices or the content of other Web sites.
As the Internet matures, so will our Data Privacy Protection Policy. We will post changes to our Data Privacy Protection Policy on this page. Please check this page regularly to keep up-to-date.
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
When visiting our website, statistical analyses may be made of your surfing behavior. This happens using cookies. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.
The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.
If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
The party responsible for processing data on this website is:
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.
Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via these forms, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto these forms only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on these forms until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.
This page uses Google Maps via the Goole Maps Service API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.
The use of Google Maps is in the interest of an appealing representation of our online offers and at an easy findability of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
You can find more information about the handling of user data in Google's privacy policy: https://www.google.com/policies/privacy/.
(as of September 1st, 2007)
| 1. | Scope |
| 1.1 | Any use of this web site provided by debids data GmbH, "debids data Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the debids data Web Site these Terms of Use are accepted in their then current version. |
| 1.2 | In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly. |
| 1.3 | If the User uses this debids data Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply. |
| 2. | Services |
| 2.1 | This debids data Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. |
| 2.2 | debids data may stop the operation of the debids data Web Site in full or in part at any time. Due to the nature of the internet and computer systems, debids data cannot accept any liability for the continuous availability of the debids data Web Site. |
| 3. | Registration, Password |
| 3.1 | Some pages of the debids data Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. debids data reserves the right to deny registration to any User. debids data particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. debids data is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
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| 3.2 | For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to debids data, is current at all times and an address at which the User can be contacted. |
| 3.3 | Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from debids data into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing. |
| 3.4 | The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify debids data thereof without undue delay in writing, or, as the case may be, by e-mail. |
| 3.5 | After receipt of the notice under paragraph 3.4, debids data will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to debids data or upon new registration. |
| 3.6 | The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event debids data will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed. |
| 4. | Rights of Use to Information, Software and Documentation |
| 4.1 | The use of any information, software and documentation made available on or via this debids data Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with debids data. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use. |
| 4.2 | debids data grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the debids data Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by debids data in making same available. |
| 4.3 | Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case debids data shall make the source code available in return for the payment of costs. |
| 4.4 | Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use. |
| 4.5 | The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof. |
| 4.6 | §§ 69a et seq. of the German Copyright Law shall not be affected hereby. |
| 5. | Intellectual Property |
| 5.1 | Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the debids data Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of debids data. |
| 5.2 | Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded. |
| 5.3 | debids data may, without charge, use any ideas or proposals stored by a User on the debids data Web Sites for the development, improvement and sale of its products. |
| 6. | Duties of the User |
| 6.1 |
In accessing or using the debids data Web Site the User shall not
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| 6.2 | debids data may deny access to the debids data Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use. |
| 7. | Hyperlinks |
| The debids data Web Site may contain hyperlinks to the web pages of third parties. debids data shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as debids data does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User. | |
| 8. | Liability for defects of title or quality |
| 8.1 | Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud. |
| 8.2 | The information on the debids data Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase. |
| 9. | Other Liability, Viruses |
| 9.1 | The liability of debids data for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of debids data is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence. |
| 9.2 | Although debids data makes every endeavor to keep the debids data Web Site free from viruses, debids data cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. |
| 9.3 | §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage. |
| 10. | Export Controls |
| 10.1 | The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. debids data shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List. |
| 10.2 |
The User shall particularly check and verify that
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| 10.3 | Upon request debids data shall inform the User of the relevant contact points for further information. |
| 11. | Data Privacy Protection |
| For detailed information please see our Privacy Policy. | |
| 12. | Supplementary Agreements, Place of Jurisdiction, Applicable Law |
| 12.1 | Any supplementary agreement requires the written form. |
| 12.2 | The place of jurisdiction shall be Wiesbaden if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch). |
| 12.3 | The individual pages of the debids data Web Site are operated and administered by debids data GmbH. debids data makes no representation that information, software and/or documentation on the debids data Web Site are appropriate or available for viewing or downloading at locations outside Germany. If Users access debids data Web Site from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to debids data Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. |
| 12.4 | These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. |