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.
1.3 Information about the service provider can be found here.
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.
5.2 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.
6.2 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.
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.
9.2 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.
12.2 Contact data are subject to change without notice. In the event of such a change, the service provider will inform you accordingly.