q.beyond web pages: general terms and conditions

1. Scope of application

1.1 All usage of web pages belonging to q.beyond AG and/or its subsidiaries (hereinafter “q.beyond”), defined hereinafter as “the q.beyond website”, and content posted on it, including downloads such as computer programs (hereinafter “software”) shall be exclusively subject to these general terms and conditions of use (hereinafter “GT&C”). These GT&C may be replaced in individual cases, or supplemented or modified with extended conditions.

1.2 The user accepts, by logging in, (or, if a separate login should not be necessary, by accepting the use or downloading of programs and content from the q.beyond website) the validity of these GT&C.

1.3 The contents of the q.beyond website are copyright-protected. Unless otherwise expressly permitted, the reproduction of these contents is prohibited. Extracts from this website may be downloaded to a local hard drive or printed out for private use. This shall have no effect on commercial and patent rights or copyright.

1.4 If the user employs the q.beyond website in the course of a commercial or independent professional activity or for a public body, article 312e, sect. 1, p 1, subsections 1 - 3 of the German Civil Code (BGB) shall not apply.

2. Services

2.1 q.beyond provides certain information and software for accessing on or downloading from the q.beyond website. The use for commercial purposes of content that is unavailable for retrieval or downloading from the q.beyond website is not permitted.

2.2 q.beyond may any time make the use of its website or download offers dependent on the user being registered (clause 3).

2.3 Certain items on the q.beyond website may only be accessed by individually registered users. No user may make any claim concerning registration with q.beyond.

2.4 Given the nature of the Internet and computer systems, q.beyond cannot guarantee the uninterrupted availability of the q.beyond website.

3. Registration

3.1 q.beyond shall at any time be entitled to revoke, without indicating its reasons for doing so, existing registration or access rights to use the q.beyond website and to block the access data concerned.

3.2 The user undertakes to provide truthful information when registering, and to notify immediately of any changes. q.beyond will send confirmation e-mails to the user in the course of the registration process. The user is responsible for ensuring that the e-mails sent by q.beyond in the course of registration are received.

3.3 Once registered, the user will be assigned a user name and password (hereinafter “the access data”) via e-mail. The user must then replace the password assigned by q.beyond with a personal password known only to him or her. The user shall then make exclusive use of his or her own personal access data to view or change his or her details or, if necessary, revoke or extend consent to their use.

3.4 The user shall keep his or her personal access data secret. The user shall be responsible for all orders, declarations of intent, uses or applications made on the basis of his or her personal access data.

3.5 The user shall notify q.beyond immediately if he or she suspects that third parties are using these personal access data for unauthorised or improper purposes. q.beyond shall be entitled to block access in such cases. The user may at any time request in writing that his or her registration be cancelled. q.beyond shall in such cases delete all user data and all other stored personal data pertaining to the user, as soon as these data are no longer required for managing current contractual relationships.

4. License terms for information, software and documentation

4.1 q.beyond grants the user a non-exclusive, non-transferable right to employ, for their intended use, the corresponding content, information and software etc. to the extent agreed or, unless otherwise agreed, to the extent to which their provision and transfer by q.beyond fulfil the intended purpose.

4.2 If and insofar as certain software is offered in order to use content on the q.beyond website, q.beyond will provide it free of charge. This shall not imply any entitlement or claim to the source code of such free software. The above shall not apply to the source code of open-source software, whose license terms, which take precedence over these terms and conditions when supplying open-source software, stipulate the release of such source code. q.beyond shall provide the source code in such cases, subject to reimbursement of the corresponding costs.

4.3 Unless otherwise specified, software released for download by q.beyond may be used in accordance with ******

4.2 Used and stored on any personal computer. A backup copy may be made for future use on the basis of these GT&C.

4.4 No content or software from the q.beyond website shall be distributed, rented, leased or passed on in any other way or incorporated in any manner into the content offered on the user’s own website. Unless mandatory legal regulations permit otherwise, the user shall not alter, reverse-engineer or translate the software or its documentation or remove elements of it for own use.

4.5 The information, software and documentation on the q.beyond website are protected by copyright, license agreements or laws and agreements covering intellectual property. The user undertakes to abide by copyright and trademark rights of exploitation and use. Alphanumeric identifiers, brand and copyright notices shall not be removed from the information, the software or the documentation, or from copies thereof.

4.6 The use of content from this website on third-party websites that claim ownership of or title to posted content is not permitted. Separately agreed license terms shall take precedence over these terms and conditions.

4.7 Articles 69a et seq of the German law governing copyright (Urheberrechtsgesetz) shall otherwise remain unaffected.

5. Intellectual property

5.1 Notwithstanding the special provisions of clause 4 of these GT&C, no information, images, brand names or any other content on the q.beyond website shall be amended, copied, reproduced, sold, rented, used, supplemented or otherwise used without the prior written approval of q.beyond.

5.2 Subject to the sole exception of the usage rights expressly granted herein, the user is not granted any other rights of any kind, particularly but not limited to company name or industrial property rights, including patents, utility models, copyright or image or brand rights, nor shall q.beyond have any corresponding obligation to grant such rights.

5.3 If and insofar as the user publishes suggestions or own ideas on the q.beyond websites, q.beyond may distribute and exploit such suggestions and ideas free of charge for the development, improvement and sale of the products from its portfolio.

6. Obligations of the user

6.1 The user shall only use the q.beyond website and its information, software and documentation for their proper purposes and within the framework of German law and the contractually agreed range of services. The user undertakes in particular:

  • not to misuse the q.beyond website or its information, software or documentation or to use these items contrary to common rules of acceptability;
  • not to commit any illegal acts in connection with such use with regard to third parties and in particular not to violate third-party property rights. The user shall not be entitled to make use of offers (including short-term temporary saving), make them available online or offline, or transmit or distribute such items or to refer to information that has illegal or immoral content;
  • to take all reasonable precautions to prevent other users, in particular children and young people, from gaining knowledge of or access to illegal or immoral content, in particular youth-endangering content, via the connection;
  • to abide by the recognised principles of data security;
  • not to transmit any content containing viruses, worms or other programs that could damage software or spy on data (so-called “malware”).

6.2 q.beyond may at any time block access to the q.beyond website, particularly if the user violates his or her obligations under these terms.

7. Hyperlinks

The q.beyond website contains links and/or other references to third-party websites, the content of which is outside q.beyond’s influence. q.beyond shall therefore not assume any liability or responsibility for such third-party content, nor shall it adopt such websites or their content as its own. The content of web sites accessed via hyperlinks is the exclusive responsibility of the owners and/or operators of the sites concerned.

All hyperlinks to other websites that might be posted on the q.beyond website are understood to be an aid to the user and shall not imply that q.beyond approves such websites or makes their content its own.

Linked pages were checked for possible legal infringement at the moment of posting, and no content was found to be in infringement of any law at that moment. However, permanent monitoring of the contents of linked pages for legal infringement is not feasible, other than in the event of a specific incident. q.beyond shall immediately remove such links upon becoming aware of legal infringement.

8. Liability

8.1 If and insofar as information, software or documentation is provided free of charge, all liability for material or legal defects in such information, software or documentation, with particular reference to accuracy, correctness, the absence of third-party property rights or copyright, completeness and/or usability, is hereby excluded, other than in the event of proven misrepresentation or malicious intent.

8.2 All liability on the part of q.beyond is otherwise excluded, unless q.beyond is made legally liable under the terms of product liability law or due to misrepresentation, gross negligence, injury to life, limb or health, due to the assumption of a quality guarantee, or due to fraudulent concealment of a defect or a breach of essential contractual obligations. Compensation for breach of essential contractual obligations shall nevertheless be limited to the foreseeable loss and damage typical for an agreement of this type, unless it involves misrepresentation or gross negligence.

8.3 Given the nature of the Internet, q.beyond cannot guarantee that it is virus-free. Before downloading information, software or documentation, the user must take appropriate security measures and employ virus scanners to protect himself or herself and block viruses emanating from the q.beyond website.

9. Subsidiary agreements, legal jurisdiction and applicable law

9.1 Subsidiary agreements have not been made and must in any case be made in writing.

9.2 The place of jurisdiction for business users is the German city of Cologne.

9.3 The individual pages of the q.beyond website are operated by q.beyond AG and/or its subsidiaries under its/their responsibility. The website complies with the requirements of the Federal Republic of Germany, where q.beyond AG has its registered place of business. q.beyond shall accept no liability for information, software and/or documentation from the q.beyond website which might be accessed from or downloaded to locations outside the country concerned. Users who access the q.beyond website from locations outside the Federal Republic of Germany are solely responsible for compliance with the relevant regulations and stipulations of their local, national or state law. Access to information, software and/or documentation on the q.beyond website from territories in which such access is illegal is not permitted. If this is the case, and the user wishes to establish commercial relations with q.beyond, the user should contact q.beyond AG at Richard-Byrd-Str. 4, D-50829 Cologne, Germany.

9.4 The laws of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall apply.