Terms of Use

The present Terms of Use govern the use of WIKUS PARAMASTER (“Paramaster”) as an online cutting data program at www.paramaster.de and as an app of WIKUS-Sägenfabrik Wilhelm H. Kullmann GmbH & Co. KG (“Wikus”).

1.

Scope and object of the present Terms of Use

1.1

The present Terms of Use shall apply to contracts on the use of Paramaster. Provisions deviating from the present Terms of Use shall only apply if these have been confirmed by Wikus in writing. The present Terms of Use shall apply even if Wikus performs its services without reservation in the knowledge of terms and conditions of the User which conflict with or deviate from the present Terms of Use.

1.2

Wikus reserves the right to amend the present Terms of Use insofar as this is necessary for compelling reasons, in particular due to an altered legal situation or changes in the case law of the supreme court, technical changes or further developments, loopholes in the Terms of Use or other equivalent reasons, and does not unreasonably disadvantage the Users. The User shall be informed of amendments to the Terms of Use when he/she registers again. He/she can then accept the amended Terms of Use. In the event of services provided free of charge, Wikus shall be entitled to amend the Terms of Use at any time and to make new services available.

1.3

Wikus reserves the right to make changes to Paramaster insofar as this is acceptable to the Users, or to cease the use of Paramaster.

2.

Registration

2.1

The User can use Paramaster via the online cutting data program at www.paramaster.de and as an app. Use of Paramaster is free of charge, but requires registration. Upon registration, the User shall acknowledge the present Terms of Use in the version that is valid at the time of registration. After registration, the User shall receive an e-mail to the e-mail address provided by him/her. This link shall also contain clearance to use Paramaster. The clearance to use Paramaster shall be at the discretion of Wikus. There shall be no entitlement to use of Paramaster.

2.2

The User shall choose his/her own password. The password must be treated as strictly confidential and shall not be passed on to third parties. The User shall be responsible for any activities carried out when his/her access authorisation is used, including when it is used by third parties. The User shall inform Wikus immediately of an unpermitted use of his/her access authorisation.

2.3

Wikus shall be entitled to remove the User’s right to use Paramaster at any time without stating reasons.

3.

Rights of use

3.1

The User shall receive a simple, non-transferable right to use Paramaster for his/her own purposes which is restricted to the agreed period of use. The right of use shall include the reading and printing of the data provided in Paramaster. The User may use Paramaster exclusively for his/her own projects. Uses or utilisations of Paramaster which go beyond this require the written consent of Wikus in advance.

3.2

The systematic automated retrieval of data provided in Paramaster, the creation of systematic collections of this data and the use of this data for the purpose of the business-like dissemination of information (research and document retrieval on behalf of third parties) shall not be permissible. The Users shall not be permitted to pass the data provided in Paramaster on to third parties (even in part) unless this takes place in relation to a specific project. The Users shall not be permitted to misuse or compromise the services and functionalities of Paramaster or to perform illegal acts. The use of computer programs for an automatic readout of the data provided in Paramaster, e.g. crawlers, is also prohibited.

3.3

The User is obliged to advise the authorised users of the above provisions and to ensure compliance with these. The User is obliged to provide Wikus, on the latter’s request, with written information about the nature and scope of the use of Paramaster if there are objective indications of a use that is contrary to the contract. Other rights and claims of Wikus in the event of a use that is contrary to the contract shall remain unaffected.

4.

Warranty

4.1

The User shall be responsible for ensuring that the technical conditions for the use of Paramaster are met. Any system requirements can be found on the website paramaster.de. The User shall be responsible for the use of Paramaster, including for decisions or acts which he/she makes on the basis of the use of Paramaster.

4.2

Wikus does not guarantee that Paramaster meets the User’s expectations or that the latter will achieve a specific goal that is pursued by him/her with Paramaster. Wikus shall not be responsible for the currency, accuracy or completeness of the data provided via Paramaster. The data provided via Paramaster also come from third parties. Wikus shall not be responsible for data and contents of third parties which Wikus uses for the performance of its services.

4.3

Wikus does not guarantee that the offer will be available to the Users at certain times. Maintenance, security or capacity issues, as well as incidents which are not within the control of Wikus (e.g. disruptions of public communications networks, power failures etc.), may lead to temporary restrictions of the use of Paramaster. However, Wikus shall endeavour to keep Paramaster constantly available, as far as possible. Wikus shall remedy technical defects of Paramaster within a reasonable period. Wikus’ responsibility shall only extend to the point of transfer for the systems operated by it to the internet, but not to the systems of the User and data transmission lines on the other side of the point of transfer. It shall be the responsibility of the User to report any defects, faults or damages that occur immediately.

5.

Liability

5.1

Wikus shall be liable without limitation for damages arising from loss of life, physical injury or damage to health, as well as for damages which are due to the wilful intent or gross negligence of Wikus or one of its legal representatives or vicarious agents and for damages on account of the breach of a warranty provided by Wikus or the absence of a guaranteed property or on account of fraudulently concealed defects. Any further liability, in particular for slight negligence, shall be excluded. A liability in accordance with the German Product Liability Act shall remain unaffected.

5.2

The strict liability of Wikus for defects which were already available upon conclusion of the contract in accordance with Section 536a (1), 1st half-sentence, German Civil Code (BGB) shall be excluded.

5.3

The exclusion of liability and limitations of liability in accordance with this section shall apply accordingly in the event of claims against data supplies and their legal representatives, senior executives and other vicarious agents.

6.

General provisions

6.1

The place of fulfilment shall be Spangenberg. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law which are based on contracts shall be Frankfurt am Main. This shall also apply if the User does not have a general place of jurisdiction in Germany or the European Union or if the usual place of residence of the User is unknown at the time of the action being brought. The right to go to court in another statutory place of jurisdiction shall remain unaffected by this.

6.2

The law of the Federal Republic of Germany shall apply exclusively to all disputes connected to the use of Paramaster, irrespective of their legal basis, to the exclusion of the provisions regarding conflicts of laws which refer to another jurisdiction. The application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.

6.3

The present Terms of Use are available in various languages. The German version of the Terms of Use shall prevail and shall take precedence in case of doubt.