Terms of Use

Date May 2018

1. Consent:

By registering or using the website in any other manner, you accept the following WTUs. Do not use this website if you do not agree with these WTUs or any parts thereof.

2. Use of the Website:

These WTUs apply to the use of any website operated by Mindbreeze International Services GmbH, Honauerstrasse 2, 4020 Linz, Austria (subsequently referred to as "Mindbreeze") and to all content, particularly information, developer tools, download areas, discussion forums, wikis, blogs, etc. included on these pages (subsequently referred to as "content"), regardless of whether this website is hosted and/or operated by Mindbreeze itself or by a third party.

Mindbreeze only permits you to view and download the content of this website for personal use and for non-commercial purposes. The content of this website is protected by copyright; existing copyright and ®/© notices must be left unaltered.

Mindbreeze reserves the right to alter and/or modify the WTUs at any time without notice. The user undertakes to observe the current WTUs applicable at the time of use and will familiarize himself with any possible alterations to these before using the website.

Furthermore, Mindbreeze reserves the right to alter this website and its content at any time and without notice, to delete it or add to it, and to temporarily or permanently prohibit access to this website and its content and/or cease operation of the entire website or parts thereof.

Gender-free spelling has been used in the German version of the report to improve readability. All notations apply equally for both sexes.

3. Registration, Password, Communications from Mindbreeze:

Certain pages of the Mindbreeze website may be password-protected. In the interests of security for business transactions, these pages can only be accessed by registered users. There shall be no entitlement to registration by Mindbreeze. Mindbreeze reserves the right to make websites that could previously be accessed freely subject to registration and to revoke access authorization by blocking access data without stating its reasons.

If registration is required, truthful information must be provided for registration purposes and any subsequent changes must be communicated to Mindbreeze without delay. So that Mindbreeze is also able to contact you, please make sure that the e-mail address you specify during registration is one that you check regularly. Legally binding declarations on the part of Mindbreeze may (unless written form is expressly required) be sent by Mindbreeze to the e-mail address entered by the user during registration. They shall become effective immediately upon arriving in the user's mailbox.

Authentication is effected by means of OpenID.

Your access data allows you to make use of the services offered on the website (e.g., downloads, creating forum and wiki entries, adding comments, …) and/or otherwise submit legally binding declarations. Mindbreeze shall not require the user to prove his identity by submitting his signature or another code, unless express provision is made for this in individual cases.

Any person who proves his identity by entering the access data shall (regardless of his internal legal relationship to the respective user) be entitled to submit legally binding declarations to Mindbreeze on behalf of the user. Mindbreeze shall not be obliged to check the authorization more extensively.

The user is obliged to keep his access data secret. He shall be liable for all attributable damage and consequential damage incurred by Mindbreeze or by third parties as a result of authorized or unauthorized use of the access data, particularly as a result of his failure to keep the access data secret or transferal to third parties.

The user shall be able to block his access data (deletion of the registration) and is obliged to do so if he suspects that his access data may have fallen into the hands of unauthorized persons. The user must initiate blocking (deletion) himself electronically without delay, or by sending an e-mail to office@mindbreeze.com, and additionally over the telephone by calling +43 732 606162 620 in all cases; the customer is aware that blocking can only be effected during Mindbreeze's standard office hours (Mon. - Fri. 9.00 a.m. to 5.00 p.m. Linz local time). Mindbreeze shall not be obliged to check the identity of the person requesting the blocking. If ongoing contractual relationships, contractual interests or statutory duties to preserve records present an obstacle to complete deletion, blocking will only apply to further use in this case.

4. Intellectual Property:

The entire content of this website (including all documents and text), as well as all rights to copyrights, rights of use, intellectual property, patent or trademark rights — but not limited to these — shall remain the property of Mindbreeze or its licensors.

The content of this website can in no way be construed so as to tacitly transfer a license or title to a copyright, software product, patent, trademark or other industrial property right owned by Mindbreeze or a third party, either by way of estoppel or in any other manner.

All specified trademarks are registered trademarks of Mindbreeze or its suppliers.

Any reproduction, manipulation, circulation or other use of the content is expressly prohibited, unless its has been approved in writing in advance.

All content and software displayed or made available to download on Mindbreeze's websites and in the context of its services is protected by copyright. The user may only install and/or use software that is subject to a license agreement after accepting the terms of the license agreement.

If software does not contain a license agreement, the user shall be granted a revocable, non-exclusive, non-transferable license to use the software and for other use of the respective websites and services in accordance with these terms of use. Any other use is not permitted.

In the event of copyright violations, trademark violations or other rights violations on the part of the user, the user shall indemnify Mindbreeze against all claims and actions.

Protected trademarks owned by Mindbreeze, in particular its name, company, brand and logo, may only be used with express written permission.

The brand names and designs used in conjunction with Mindbreeze business activities are legally protected in favor of Mindbreeze. The content of this website shall not grant the user license rights or other rights to use brand names and designs owned by Mindbreeze and its suppliers. The user may not use these brand names and designs as part of his company or otherwise use them to distinguish his business operations and/or use them as part of a domain name or other address in electronic media, such as the Internet, etc. Nor may he claim them for himself.

The user will inform Mindbreeze immediately upon discovering that third parties have breached Mindbreeze's industrial proprietary rights. The user will assist Mindbreeze in resisting such infringements to the best of his ability.

5. Privacy:

Data protection is of particularly high importance to the Fabasoft Group. Fabasoft AG and its subsidiary companies have dedicated themselves to the protection of data and, in particular, of personal data. Mindbreeze GmbH is a subsidiary of Fabasoft AG. Exactly how Mindbreeze uses and protects personal data, such as first and surnames, email addresses or telephone numbers, will be outlined in more detail in our privacy statement.

6. Content provided by the User (Third Party Content):

Mindbreeze grants users access to online resources, such as download areas, discussion forums, communication services, personalized content and products offered in conjunction with other partners of Mindbreeze free of charge and allows users to import content on their own responsibility. The services can be configured, altered, restricted, upgraded and suspended by Mindbreeze at its own discretion, without informing users. Mindbreeze accepts no responsibility for any delay, deletion, deficient transfer or memory failure affecting communication between users or in conjunction with personalized areas. Neither does Mindbreeze guarantee that the hard- and/or software used for the services will function properly at all times or that any faults in the hard- and/or software will be corrected.

Mindbreeze reserves the right to refuse the user access to services at any time without stating its reasons, or to delete the user's registration completely, including all account information.

Mindbreeze shall not be obliged to save or store the content transferred by users or to forward messages to the user or to third parties.

The person who created the corresponding content shall be solely responsible for all information, data, text, software, music, sounds, photos, graphics, videos, messages or other content that is published or transferred privately. This means that the respective user—and not Mindbreeze—shall be held fully responsible for any content. Mindbreeze shall not be obliged to monitor content and therefore shall not be liable for the accuracy, suitability and quality of such content. The user is aware that in using the services he may be exposed to content supplied by other users which may be insulting, offensive, illegal or otherwise objectionable.

The user undertakes to release and indemnify Mindbreeze and its affiliated companies, branch offices, employees and business partners from and against all claims or actions asserted by third parties by reason of or in connection with content that the user enters, publishes or transfers within the scope of the services or by reason of the user's use of the services. This shall also apply to the costs of prosecution (e.g. lawyers' fees).

The user may not use the websites and services for unlawful purposes or purposes prohibited by these terms of use and shall indemnify Mindbreeze against all claims and actions.

The user is expressly referred to the provisions of the Pornography Act, the Prohibition Act and the relevant criminal legislation, according to which the transfer, distribution and presentation of certain content is prohibited or made subject to statutory provisions.

Furthermore, the user shall take note of the provisions of the Telecommunications Act and the duties it imposes on the owners of terminal equipment. He undertakes to adhere to the provisions of the Telecommunications Act and the relevant telecommunication standards prescribed by law, as well as all other statutory provisions, in particular the Data Protection Act.

The user undertakes to observe the statutory provisions and shall be solely responsible to Mindbreeze for observing these statutory provisions. The user undertakes to indemnify Mindbreeze against all claims and actions justifiably brought against Mindbreeze under criminal or civil law, in court or out of court, on account of the content placed into circulation by the user, in particular private criminal action on grounds of defamation, offense or discredit (Sections 111, 115, 152 of the Austrian Criminal Code), proceedings in accordance with the Media Law, the Copyright Act, the Trademark Act, the Act Against Unfair Practices or on grounds of defamation of character and/or discredit under civil law (Section 1330 of the Austrian General Civil Code). If claims of this nature are brought against Mindbreeze, it shall be at the sole discretion of Mindbreeze to decide how it reacts, except where Mindbreeze is guilty of gross negligence. The user responsible for the content shall not be able to raise a plea of insufficient legal defense.

The user further undertakes to inform Mindbreeze immediately and in full, in the event that claims are brought against him, either in court or out of court, as a result of his use of the contractual services and will offer Mindbreeze the opportunity to become involved or to intervene in support of the user (at Mindbreeze's discretion).

Although Mindbreeze is not obliged to monitor the services and use thereof, it reserves the right to inspect content provided by users and to remove it at any time at its own discretion. Any claim to compensation for resulting damage is excluded.

By providing, uploading, entering, placing or transferring content, the user declares that he possesses all authorizations required for this and grants Mindbreeze a right of use that is unrestricted and unrestrictable in terms of time and place, in particular the right to save, reproduce, transfer, publish, edit, translate and reformat the content, or to use it in any other way, all of this with or without mentioning the user's name. Mindbreeze may publish the user's name in connection with his content at its own discretion in the context of the services, unless the user has expressly stated his intention to the contrary. The user will not assert his own proprietary rights to the content, information, experiential values and materials provided by him.

The user shall have no entitlement to remuneration in the event that his content is used.

7. Web analytics service

For web analytics services being used at www.mindbreeze.com, please see section 2.4 of our privacy statement.

8. Content provided by Mindbreeze:

- Marketing documents, white papers, Mindbreeze Press

You are entitled to use, copy and pass on documents and associated graphics available on this server, provided that the documents and graphics are used, copied or passed on (and downloaded) in their entirety, left unchanged and retain their © or copyright notice. The documents and graphics are intended solely for information purposes and may not be used commercially. The documents and associated graphics may contain technical inaccuracies and typographical errors. Mindbreeze may make alterations or additions at any time, and may also prohibit use entirely. Please also observe items 4 and 10!

- Software:

With the exclusion of third party content, all software offered by Mindbreeze as a download is protected by copyright in favor of Mindbreeze and/or its suppliers. Use of the software is subject to the provisions of the Test Installation Agreement and any license provisions contained in the software, which the user accepts in full by downloading and/or installing the software. Please also observe items 4 and 10!

- Knowledge Base:

Experiential values and information on specific problems experienced in the past are contained in the Mindbreeze Knowledge Base. This content is intended solely for information purposes and may not be used commercially. Mindbreeze does not guarantee accuracy of the information or that solutions described in the Knowledge Base will lead to the desired outcome and/or meet the user's expectations. The user acknowledges that the content displayed is a shortened or summarized description of a possible approach to a problem. In particular, Mindbreeze shall not be held liable in the event that the content does not apply to all systems or if its causes damage to hard- or software or data or for consequential damage resulting from this. Mindbreeze may make alterations or additions at any time, and may also prohibit use entirely. Please also observe, in particular, item 10!

9. Links:

Links contained on this website provide access to websites not monitored by Mindbreeze. Since Mindbreeze has no influence over the content of these websites, Mindbreeze does not adopt this content as its own and shall not be held responsible or liable for it. In particular, a link shall not constitute a requirement to access the link.

10. Exemption from Liability:

This website and its content are provided "as they are" and "as they are provided". You expressly agree that you use the website at your own risk. You understand and agree that you are solely responsible for any damage, for example in relation to your company activities, to your computer system or for loss of data which may occur as a result of accessing, using or downloading from the website.
The content available on this website (such as product developer blogs) is intended merely as non-binding information and constitutes a "snap-shot", without obligations for future development. In particular, no undertaking as to actual product development and/or that the technologies described will actually be used in product development can be derived from such content.
Except in cases of deliberate damage and personal injury, Mindbreeze rejects all forms of liability and guarantee. Mindbreeze shall, under no circumstances, declare its tacit or conclusive intention to dispense with the limitation of liability.
Mindbreeze does not guarantee the usability or accuracy of the information and its suitability for a particular purpose. Neither does it guarantee that the information is free from material defects and defects of title.
Mindbreeze does not guarantee that this website or its content meets its visitors' requirements or that the website and its content will be provided correctly, lawfully, without interruption, in good time, securely or free from defects or that any errors will be corrected. Neither does Mindbreeze accept any guarantee for consequences resulting from the use of the website or its content or for the accuracy, completeness or reliability of the information provided on the website.
Under no circumstances, including in cases of negligence, can Mindbreeze be held responsible for any direct, indirect, accidental or specific damage or consequential damage caused as a result of use or non-usability of the website or its content, unauthorized access, the alteration of data or other information that is sent or received or that is not sent or received, including, but not limited to damage caused by loss of profit, loss of data or other intangibles, even if the possibility of such damage has been pointed out to Mindbreeze. This shall not apply in cases of intent and in the event that liability is prescribed by law.
Mindbreeze shall bear no costs whatsoever in the event that use of this website or the content offered on it causes you to have to maintain, repair, replace or otherwise correct your equipment or data.

11. Rights:

All rights not expressly granted to the user in writing by Mindbreeze are expressly reserved by Mindbreeze. Mindbreeze may revoke rights granted at any time and without stating its reasons.

12. General Information, Place of Jurisdiction, Applicable Law:

This website is controlled, maintained and managed by Mindbreeze from its head office in Austria. Mindbreeze makes no claim as to whether the content of the website is also suitable or available for use outside of Austria or whether access to the website might be prohibited in other countries. Your use of the website must not breach Austrian laws and regulations. If you use the website outside of Austria, you do so on your own initiative and are responsible for observing the applicable local laws.

The European Commission is providing a platform for online dispute resolution (ODR) which is available at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes with traders. You can also contact Mindbreeze at any time in advance via the email address office@mindbreeze.com.

Mindbreeze is neither obliged to invoke nor has committed itself to invoking an alternative dispute resolution within the meaning of the Austrian Federal Law “Alternative-Streitbeilegung-Gesetz” (AStG).

Austrian law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods and with the exception of the conflict of laws rules of international private law. The sole place of jurisdiction shall be the competent court in Linz or, at Mindbreeze's option, also the contractual partner's general place of jurisdiction or place of jurisdiction designated by law.

In the event that parts of the terms of use are invalid, this shall not affect the validity of the remainder. The ineffective clause shall be replaced with another one, which most closely reflects the financial purpose and intention of the original clause.

13. Authoritative Version:

This agreement was originally drawn up in German and translated into English. In the event of discrepancies between the versions and/or vagueness in the translation, the German version shall be authoritative.