1.1. Any use of this web site provided by jandamerau.com, "jandamerau.com 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 an app.
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 jandamerau.com 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.
The operator of jandamerau.com is Jan-Hendrik Damerau (hereinafter "operator of jandamerau.com"). The provider identifier is stored in Corporate Information, which hyperlink on the jandamerau.com website and / or may be viewed at www.jandamerau.de.
3.1. This jandamerau.com Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
3.2. The Operator of jandamerau.com may stop the operation of the jandamerau.com Web Site in full or in part at any time. Due to the nature of the internet and computer systems, the operator of jandamerau.com cannot accept any liability for the continuous availability of the jandamerau.com Web Site.
4.1. The use of any information, software and documentation made available on or via this jandamerau.com 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 the operator of jandamerau.com. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
4.2. The operator of jandamerau.com 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 jandamerau.com Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by the operator of jandamerau.com 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 the operator of jandamerau.com 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.
5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the jandamerau.com 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 the operator of jandamerau.com.
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. The operator of jandamerau.com may, without charge, use any ideas or proposals stored or send via email or submitted by contact form by a User on the jandamerau.com Web Site for the development, improvement and sale of its products.
6.1. In accessing or using the jandamerau.com Web Site the User shall not
6.2. The operator of jandamerau.com may deny access to the jandamerau.com Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
The jandamerau.com Web Site may contain hyperlinks to the web pages of third parties. The operator of jandamerau.com 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 the operator of jandamerau.com 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.
8.1. 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 jandamerau.com 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.
9.1. The liability of the operator of jandamerau.com 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 the operator of jandamerau.com 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 the operator of jandamerau.com makes every endeavor to keep the jandamerau.com Web Site free from viruses, the operator of jandamerau.com 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.
For collection, use and processing of personally identifiable data of the User of the jandamerau.com Web Site, the operator of jandamerau.com shall comply with applicable laws on privacy protection and the jandamerau.com Web Site Privacy Policy, which is available per hyperlink on the jandamerau.com Web Site and/or on www.jandamerau.de.
11.1. Any supplementary agreement requires the written form.
11.2. The place of jurisdiction shall be Ahrensburg (Germany).
11.3. The individual pages of the jandamerau.com Web Site are operated and administered by the operator of jandamerau.com. The pages comply with the law applicable in Germany. The operator of jandamerau.com makes no representation that information, software and/or documentation on the jandamerau.com Web Site are appropriate or available for viewing or downloading at locations outside Germany. If Users access jandamerau.com Web Site from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to jandamerau.com Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited.
11.4. 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.
