Terms and Conditions of Use for
We are delighted that you have found our Unicon Software Internet portal (hereafter referred to as the “Unicon website”). We hope that you will find a product to suit you and take away plenty of ideas to help you design your commercial IT environment. Please take some time to read through these terms and conditions; if required, you can print them out by clicking on the relevant icon or save them to your own computer.
2. Access to the Unicon Website
Due to the nature of the Internet and computer systems, Unicon does not accept any liability for the uninterrupted availability of the Unicon website. Moreover, Unicon reserves the right to cease or limit the operation and/or provision of the website either in whole or in part at any time.
3. Use of the Unicon Website and the Content and Information Provided
All information published by Unicon is made available to users free of charge, unless otherwise specified. Each user may use and store (download) the information provided for his own personal needs. Any other use of the information, especially replication, modification or integration in publications or websites of any kind, is only permitted with prior consent from Unicon or the particular owner of the information. Unicon would like to point out that content and information may be subject to property rights; such property rights (in particular rights to the use of names and trademark rights) remain exclusively with Unicon or the relevant third-party owners.
All information provided by Unicon has been researched and compiled with the greatest care and to the best of its knowledge and belief, and, if originating from a third party, has been adopted without any alteration. However, it is the responsibility of every user to check that the information provided is correct, complete and up-to-date. Any Unicon liability due to incompleteness, incorrectness or outdatedness of the information concerned as well as any liability for damages resulting from any misinterpretation of the information provided by the user shall be limited to gross negligence or intent on the part of Unicon.
When using the Unicon website, the user shall also ensure that such use or any associated activity does not, under any circumstances:
- cause damage to persons, in particular minors, or infringe their personal rights;
- transgress standards of public decency;
- violate industrial property rights and copyright or other property rights;
- convey contents infected by viruses, so-called Trojan horses or other programs that can damage the software;
- enter, save or send hyperlinks or contents, which the user is not entitled to enter, save or send, particularly if these hyperlinks or contents violate obligations to maintain confidentiality, are unlawful or in breach of contract and are simply deliberately incorrect; and/or
- distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions or the like or incite persons to take part in competitions, snow-ball systems, chain letters, pyramid games and comparable activities.
Unicon shall not be liable for damages resulting from any misuse by the user of the information offered.
4. Links/Content Provided by Third Parties
The Unicon website may contain links and/or other references to websites of third parties. Unicon accepts neither any liability for the content of these third-party websites nor any ownership of these websites and/or their content, as Unicon does not have any influence over the linked content and information and does not monitor this content and information on a regular basis. Similarly, Unicon shall also not be liable for the quality, correctness and/or completeness of information from third parties where such information is explicitly indicated as such on the Unicon website. This also applies expressly to all information and content provided by Unicon sales partners on the Unicon website.
5. Software Downloads
The use of any software offered by Unicon for download is governed by the applicable license conditions of the authorized supplier or the manufacturer concerned (license agreement). These terms and conditions are transferred with the appropriate software as a file or can be obtained from the manufacturer/authorized supplier of the software on request. As a rule, the software cannot be installed without the user’s prior acceptance of the terms and conditions of the license agreement.
The software offered is – unless otherwise specified – intended only for downloading and usage by end users and may only be used by end users. Any other use will be pursued according to criminal and civil law. Mandatory user rights shall remain unaffected within the particular scope of the law as applicable for the respective area of validity.
Unicon accepts no liability for loss occurring directly or indirectly through the use of downloaded files.
6. Important Information About Computer Viruses
Although Unicon makes every endeavor to keep the Unicon website virus-free, Unicon cannot provide any warranty or accept any liability for the Unicon website being virus-free. Before downloading information, software and documents, the user shall ensure that appropriate security precautions are taken and appropriate virus scanners used, both for his own protection and to prevent viruses infecting the Unicon website.
7. Rules for Use and Responsibility for Passwords
The user is solely responsible for safeguarding any password issued for use of certain areas of the Unicon website against misuse. Should a user discover that his password has unintentionally been made accessible to any unauthorized persons or third parties or that there is a risk of misuse, the user is requested to inform Unicon of this immediately. Unicon will then take appropriate action to block the affected password. Notwithstanding this, however, Unicon shall not be liable for any damages resulting from any misuse of passwords, unless such misuse was caused by gross negligence or willful intent on the part of Unicon or a vicarious agent of Unicon. Unicon shall also be entitled to revoke or restrict access authorization at any time by blocking the access data, without being required to cite reasons.
8. Limitation of Liability
Unicon shall not be liable for any consequential damages, especially lost profits, production losses, interruption of operations or loss of data unless such liability is mandatory by law. As far as the liability can be excluded or limited according to law, but has not already been excluded or limited elsewhere within these terms and conditions of use, Unicon’s liability to the user shall be limited to an aggregate maximum sum of €12,500. Mandatory legal liability exists in particular in the event of a grossly negligent violation of important obligations or willful conduct on the part of Unicon.
9. Court of Jurisdiction/Applicable Law
Unicon does not accept any responsibility for the fact that information, software and/or documents from the Unicon website may also be accessed or downloaded at locations outside the country concerned, or that the downloading of such information, software and/or documents is permitted in these locations. Users who access the Unicon website from locations outside the country concerned are solely responsible for compliance with regulations that apply under the laws of that particular country. Accessing or downloading information, software and/or documents from the Unicon website from countries where such access or download is illegal is explicitly prohibited by Unicon.
The laws of the Federal Republic of Germany are applicable. The court of jurisdiction is Munich as long as such place of jurisdiction can rightfully be agreed with the user.
10. Legal information
© 2020 Unicon Software Entwicklungs- und Vertriebsgesellschaft mbH
This document is copyrighted. All rights reserved.
eLux® and Scout Enterprise Management Suite® are registered trademarks of Unicon Software Entwicklungs- und Vertriebsgesellschaft mbH in the European Union and in the USA.
ScoutaaS® is a registered trademark of Unicon Software Entwicklungs- und Vertriebsgesellschaft mbH in the European Union and in the USA.
ScoutaaS TM is a registered trademark of Unicon Software Entwicklungs- und Vertriebsgesellschaft mbH in Japan.
All other product names are registered trademarks of their relevant owners.