1.1 QWICS Enterprise Systems, Prof. Dr. Philipp Brune, (hereinafter referred to as "Service Provider") provides a community website (hereinafter referred to as "the Portal") on qwics.org, through which properly registered users (hereinafter referred to as "Users") can, among other things, use a demo version of the QWICS software free of charge for exclusive evaluation. Further information on the services offered can be found in the service description, point 4.
1.2 These Terms of Use govern the provision of services by the Service Provider and the use of these services by Users.
1.3 Information about the service provider can be found here.
The Service Provider reserves the right to change these Terms of Use at any time with effect within the existing contractual relationships, insofar as this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical framework conditions. The service provider will inform the users of such changes separately and in good time. The change becomes part of the contract if the user does not contradict the service provider in writing or text form within 30 calendar days after receipt of the change notification of inclusion in the contractual relationship.
3.1 The use of the portal requires a registration of the user. To do this, the user must enter his first and last name, his valid e-mail address and choose a password. Before submitting the entries, the registration can be cancelled at any time by closing the browser. After the opt-in to these Terms of Use and the Privacy Policy (which can be found here), the user is asked to verify the registration by confirming the automatically to his specified email address (double opt-in). For a password reset, the user also receives an automatically generated e-mail to the specified e-mail address of the user. There is no claim to the use of the portal. The service provider is entitled to reject registrations without giving reasons.
3.2 Registration is only permitted if the user is of legal age and has unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, registration must be carried out by a natural person with unlimited legal capacity and power of representation.
4.1 The Service Provider shall make a voluntary online service available to the Users on the Portal. This online service consists mainly of the free provision of a software demo version, combined with web-based development tools (e.g. code editor, database frontend) and a demo COBOL application (hereinafter referred to as "demo version") for use in the web browser at qwics.org.
4.2 The Service Provider shall endeavour to ensure that its services can be used as uninterruptedly as possible. However, technical malfunctions (e.g: power interruption, hardware and software failure, technical problems in the data lines) temporary restrictions or interruptions occur.
4.3 The Service Provider is entitled at any time to change services provided free of charge on the Portal, to make new services available free of charge and to discontinue the provision of services free of charge.
5.1 The contents available on the portal are predominantly protected by copyright or other protective rights and are the property of the service provider. Users may only use this content in accordance with these Terms of Use and within the framework specified on the Portal.
5.2 The user declares that the data (contents of third parties) he may have entered are free of third party rights and indemnifies the service provider against any claims by third parties, in particular for infringements of industrial property rights.
6.1 The right of use is limited to access to the Portal and to the non-commercial use of the services available on the Portal within the framework of the provisions of these Terms of Use.
6.2 The demo version is for software evaluation, software development and testing purposes only. Only synthetic or anonymized data may be processed or stored with the demo version. It is prohibited to process or store real company data (in particular data of real persons).
6.3 The user himself is responsible for the creation of the necessary technical prerequisites in the user's area of responsibility for the contractual use of the services. The service provider does not owe the user any advice or support in this regard; this also includes the demo version.
The rights to the QWICS software (Open Source Software - Free Software) are granted under the GNU General Public License, Version 3 (GPL-3.0), which the user can view via the following link. The rights to the QWICS JDBC driver and the QWICS JavaScript library are granted under the GNU Lesser General Public License, Version 3 (LGPL-3.0). The user can view this license here.
8.1 The services available on the Portal are intended exclusively for non-commercial use. Any use for or in connection with any commercial purpose is prohibited unless such use has been expressly permitted by the Service Provider in advance in writing. Unauthorised commercial use includes in particular
- all offers and applications for paid content, services and/or products, both from our own and third parties,
- all offers, applications and activities with a commercial background, such as competitions, raffles, barter, advertisements or pyramid schemes.
8.2 You are prohibited from engaging in any activity on or in connection with the Portal that violates any applicable law or infringes the rights of any third party.
8.3 You are also independent of any violation of the law.
- the distribution of viruses, Trojans and other harmful files;
- the sending of junk or spam mails and chain letters;
- the dissemination of offensive, indecent, sexually explicit, obscene or defamatory content or communication as well as content or communication that is/is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (explicitly or implicitly) is prohibited.
8.4 You are also prohibited from taking any action that is likely to impair the smooth operation of the portal, in particular to excessively load the systems of the service provider.
8.5 If there is a suspicion of illegal or punishable actions, the service provider is entitled and, if necessary, obliged to check your activities and, if necessary, to take appropriate legal steps. This may also include the referral of a case to the public prosecutor's office.
9.1 The service provider may temporarily or permanently block access to the portal for users if there are concrete indications that the respective user violates or has violated these terms of use and/or applicable law, or if the service provider has any other justified interest in the blocking. In deciding whether to block a service, the service provider shall take due account of the legitimate interests of the user.
9.2 In the event of temporary or permanent blocking, the service provider blocks the user's access authorization and notifies him of this by e-mail.
9.3 In the event of a temporary blocking, the service provider reactivates the access authorization after the expiration of the blocking period and notifies of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently blocked users are permanently excluded from using the portal and may not re-register on the portal.
10.1 The Service Provider's claims include the responsible handling of the Users' personal data (hereinafter referred to as "Personal Data"). The personal data resulting from the registration on the portal as well as from the use of the available services will therefore only be collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and permitted by statutory provisions or ordered by law. The service provider will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.
10.2 The Service Provider will only use your personal data if you have expressly consented to this. You can revoke your consent at any time.
If the user suffers damage as a result of the use of the services provided free of charge on the portal and the service provider is liable in accordance with the statutory requirements, the service provider shall only be liable to the extent that the damage has arisen due to the breach of essential contractual obligations, or in the event of intent (including fraudulent intent) and gross negligence, as well as unlimited damage to life and limb.
12.1 Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with participation in the Portal shall be made in writing or by e-mail. The e-mail address of the service provider is info@qwics.org. The postal address of the service provider is: QWICS Enterprise Systems, Prof. Dr. Philipp Brune, Platz der Einheit 2, 60327 Frankfurt am Main, Germany.
12.2 Contact data are subject to change without notice. In the event of such a change, the service provider will inform you accordingly.
13.1 These Terms of Use shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the beneficiary, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13.2 The exclusive place of jurisdiction for all disputes arising from these terms of use shall be the registered office of the service provider if the contractual partner is a merchant, a legal entity under public law or a special fund under public law. In this case, the service provider is also entitled to sue at the user's place of business.
Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest in economic terms to the provision intended by the parties.