TERMS OF USE

User Agreement with CMS Systems AG

The CMS Systems AG website includes a number of webpages operated by CMS Systems AG.

Your use of the CMS Systems AG website is based on your acceptance of the conditions, notices and terms listed herein without any modification. When you use the CMS Systems AG website, you are agreeing to abide by these conditions, notices and terms.

Modification of These Terms

CMS Systems AG reserves the right to change the conditions, notices and terms under which the website operates, including but not limited to changes that pertain to the actual use of the website.

Links to Third Party Sites

The CMS Systems AG may link to external websites (further referred to as linked sites). These linked sites are not governed by CMS Systems AG and we are not responsible for anything these linked sites contain, which may include any links leading to other websites or the transmission of any information received by the linked sites. CMS Systems AG does not webcast or use any other form of transmission received from the linked sites. CMS Systems AG includes these links on our website for your convenience and does not constitute our endorsement of the site by CMS Systems AG or any of our subsidiaries.

No Unlawful or Prohibited Use

One of the conditions of your use of the CMS Systems AG website is you will not use the site for unlawful or otherwise prohibited purposes based on the conditions, notices and terms. You may not use the CMS Systems AG website to disable, impair, overburden or damage the CMS Systems AG website or to impede the ability of others to use or enjoy the site. You are prohibited from gathering or attempting to gather information or materials in a manner that isn’t intentionally provided through the CMS Systems AG website.

Use of Communications

The CMS Systems AG website may contain chat areas, forums, communities, bulletin board services, news groups, calendars, personal web pages or other methods of communication that allow you to interact with a group or the general public (collectively called communication services herein). In using the CMS Systems AG website, you agree to use these communication services for the sole purpose of sending and receiving messages and materials that relate to the specific communication service and are appropriate for the site. When you use the CMS Systems AG communication services, you agree you will not use it to:

Abuse, stalk, harass, defame, threaten or otherwise harm the legal rights, including the privacy rights of other users.
Upload, post, publish or otherwise distribute any materials, information or topics that are considered profane, infringing, obscene, inappropriate, defamatory or otherwise unlawful.
Upload files that consist of software or other protected materials covered under intellectual property laws or the rights of privacy unless you are the owner, have been granted control over the rights of such content or have otherwise obtained the consent from the rightful owner.
Upload files that contain corrupted files, viruses or other programs or software designed to damage another user’s computer.
Post an advertisement or other offer to buy or sell goods or services for business purposes beyond what is allowed by the communication service used.
Forward or conduct contests, surveys, chain letters or pyramid schemes.
Download files posted by other users that you are aware or should be aware cannot be legally obtained in such a manner.
Delete or misrepresent author attributions, proprietary designations or other legal proper notices, including the source of any software or other materials that may be contained within an uploaded file.
Violate any code of conduct or other protocols applied to any specific communication service provided.
Collect any information about other users, such as their email addresses, without their explicit consent.
Violate any laws or regulations that apply.

CMS Systems AG is under no obligation to monitor any communication services provided. However, we do reserve the right to review any materials posted to communication services or to remove any such materials at our own discretion. CMS Systems AG reserves the right to terminate access to communication services, in whole or in part, at any time without prior notice and for any reason.

CMS Systems AG also reserves the right to disclose any information as deemed necessary per applicable regulations, laws, government request or legal processes or to refuse to post, remove or edit any materials at our sole discretion.

CMS Systems AG encourages all users to exercise caution when supplying personal information about themselves or their children through communication services. We do not control or endorse any content, including messages and information, present within communication services and therefore, CMS Systems AG retracts all liability in regard to communication services and the actions that may result from its use. Managing parties are not authorized by CMS Systems AG to speak on behalf of the company and their views are not necessarily a reflection on the views of CMS Systems AG.

Any materials uploaded to a communication service may be limited in their reproduction, dissemination or usage. You have full responsibility for holding to these limitations if you choose to download these materials.

Materials Provided by or Posted to CMS Systems AG

CMS Systems AG claims no ownership over the materials provided by CMS Systems AG, which may include suggestions and feedback, or any materials posted, uploaded, inputted or otherwise submitted to the CMS Systems AG website or any associated services (herein called submissions). However, in uploading, inputting, providing, posting or submitting any submissions to the site, you grant CMS Systems AG, its affiliates and any other sublicensees your permission to use the content in regular operations of online business, including, but not limited to, distributing, copying, publicly displaying, transmitting, publicly performing, editing, reproducing, reformatting or translating your submission, as well as publishing your name in association with your submission.

CMS Systems AG will not compensate you for the use of your submission. CMS Systems AG is not obligated to use or post any submission provided and may remove any submission at its sole discretion at any time.

In uploading, providing, posting, inputting or submitting your submission, you acknowledge full ownership and control over the rights of the submission, including, but not limited to, all the rights needed to post, input, upload, provide or otherwise submit the submission.

LIABILITY DISCLAIMER

THE SOFTWARE, INFORMATION, SERVICES AND PRODUCTS MADE AVAILABLE THROUGH THE CMS SYSTEMS AG WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. THEREFORE, CHANGES MAY BE PERIODICALLY MADE TO THIS INFORMATION. CMS SYSTEMS AG AND ITS SUPPLIERS MAY MAKE ALTERATIONS AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME. ANY ADVICE RECEIVED THROUGH THE CMS SYSTEMS AG WEBSITE SHOULD NOT BE TAKEN AS MEDICAL, PERSONAL, LEGAL OR FINANCIAL ADVICE. YOU SHOULD CONSULT WITH THE APPROPRIATE PROFESSIONAL FOR THE NECESSARY ADVICE CUSTOMIZED TO YOUR PARTICULAR SITUATION.

CMS SYSTEMS AG AND ITS SUPPLIERS DO NOT REPRESENT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY AND ACCURACY OF ANY SOFTWARE, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE CMS SYSTEMS AG WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT OF THE APPROPRIATE LAWS, ANY SOFTWARE, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS ARE SUPPLIED “AS IS” WITHOUT ANY WARRANTY OR OTHER GUARANTEE. CMS SYSTEMS AG AND ITS SUPPLIERS REJECT ALL WARRANTIES AND CONDITIONS RELATING TO SOFTWARE, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS, INCLUDING ANY IMPLICATIONS OF WARRANTIES OR CONDITIONS RELATING TO THE MERCHANTABILITY OR FITNESS REGARDING A CERTAIN PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT OF THE APPROPRIATE LAWS, UNDER NO CIRCUMSTANCES WILL CMS SYSTEMS AG AND ITS SUPPLIERS BE HELD LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, BUT WITHOUT LIMIT TO, LOSS OF DATA, USE OR PROFITS, THAT MAY OCCUR BASED ON OR IN ANY WAY CONNECTED TO THE PERFORMANCE OF USE OF THE CMS SYSTEMS AG WEBSITE, SUCH AS WITH THE DELAY OR THE INABILITY TO USE THE CMS SYSTEMS AG WEBSITE OR ITS RELATED SERVICES, THE FAILURE OR PROVISION OF SERVICES PROVIDED OR FOR ANY SOFTWARE, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR OTHERWISE OCCURRING DUE TO THE USE OF THE CMS SYSTEMS AG WEBSITE, WHETHER BASED ON NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL MATTER. EVEN IF CMS SYSTEMS AG OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF ANY DAMAGES, DUE TO THE FACT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE. IF YOU ARE DISSATISFIED WITH YOUR EXPERIENCE WITH THE CMS SYSTEMS AG WEBSITE OR WITH ANY ASPECT OF THESE TERMS OF USE, YOUR SOLE METHOD OF RESOLUTION IS TO CEASE USE OF THE CMS SYSTEMS AG WEBSITE.

Termination and Access Restrictions

CMS Systems AG maintains the right, at its sole discretion, to cancel your access to the CMS Systems AG website and any related services, whether in whole or in part, without advanced notice. To the maximum extent of the law, this agreement is governed by the laws of the State of Illinois, USA, and you consent to the exclusive jurisdiction of the courts in the USA in all disputes that may occur relating to the use of the CMS Systems AG website. Use of the CMS Systems website is not authorized in any jurisdiction that does not accept the provisions included within these terms and conditions, including, but not limited to, this paragraph. You agree no partnership, joint venture, agency relationship or employment is present between you and CMS Systems AG as a result of your use of the site or your agreement to abide by these terms and conditions. The CMS Systems AG application of this agreement is restricted by current laws and legal processes. Nothing contained herein eliminates the right of CMS Systems AG to comply with court, law enforcement and governmental requirements or requests relating to your use of CMS Systems AG or information gathered by or provided to CMS Systems AG in regard to its use. If any element within this agreement is found to be unenforceable or invalid based on applicable law, including, but not limited to, the liability limitations or warranty disclaimers listed above, those unenforceable or invalid provisions are overridden by an enforceable, valid provision that best matches the original intent of the provision listed and the remaining portions of the agreement are still in effect. Unless otherwise specified, the agreement embodies the entire agreement between users and CMS Systems AG with respect to the CMS Systems AG website. It overrides all contemporaneous and prior communications, including proposals, either oral, written or electronic, between users and CMS Systems AG with regard to the website. A printed version of the agreement and any other notices provided via electronic format are admissible in administrative and judicial proceedings relating to this agreement to the same extent and conditions as other business-related documents and records that may have originally been generated or retained in printed form. It is the express desire of the parties involved that all related documents and this agreement be produced in English.

Copyright and Trademarks

Trademarks

The names of any actual products or companies mentioned herein may be trademarked by their respective owners. Any example organizations, people, companies, products or events depicted are fictional. There is no association to any existing organization, person, company, product or event, intended or implied.

Any rights not granted herein are reserved.

Notices and Procedures for Copyright Infringement Claims

Pursuant to Title 17, United States Code, Section 512(c)(2), any notifications of declared copyright infringement under United States copyright laws must be sent to the service provider’s designated agent. ALL INQUIRIES SENT THAT DON’T RELATE TO COPYRIGHT INFRINGEMENT WILL NOT RECEIVE A RESPONSE. See the Notice and Procedure for Making Copyright Infringement Claims.