(as
of
August
2003)
1.
Scope
1.1
Any
use
of
this
web
site
provided
by
DKS
Dienstleistungsgesellschaft
für
Kommunikations-anlagen
des
Stadt-
und
Regionalverkehrs
mbH
-
and/or
its
affiliates
("DKS"),
"DKS
Web
Site",
is
subject
to
these
Terms
of
Use.
These
Terms
of
Use
may
be
amended,
modified
or
replaced
by
other
terms
and
conditions,
e.g.
for
the
purchase
of
products
and
services.
With
log-in,
or
where
a
log-in
is
not
required,
in
accessing
or
using
the
DKS
Web
Site
these
Terms
of
Use
are
accepted
in
their
then
cur-rent
version.
1.2
If
the
User
uses
this
DKS
Web
Site
as
business
customer,
i.e.
that
it
is
not
acting
for
purposes
which
are
outside
its
trade,
business
or
profession,
or
as
administration
customer,
§
312e
para.
1
sentence
1
no.
1 -
3 of
the
German
Civil
Code
does
not
apply.
2. Services
2.1
This
DKS
Web
Site
contains
specific
information
and
software,
as
well
as -
as
the
case
may
be -
related
documentation,
for
viewing
or
downloading.
2.2
DKS
may
stop
the
operation
of
the
DKS
Web
Site
in
full
or
in
part
at
any
time.
Due
to
the
nature
of
the
internet
and
computer
systems,
DKS
cannot
accept
any
liability
for
the
continuous
availability
of
the
DKS
Web
Site.
3. Registration,
Password
3.1 Some
pages
of
the
DKS
Web
Site
may
be
password
protected.
In
the
interest
of
safety
and
security
of
the
business
transactions,
only
registered
Users
may
access
said
pages.
DKS
reserves
the
right
to
deny
registration
to
any
User.
DKS
particularly
reserves
the
right
to
determine
certain
sites,
which
were
previously
freely
accessible,
subject
to
registration.
DKS
is
entitled,
at
any
time
and
without
obligation
to
give
reasons,
to
deny
the
User
the
right
to
access
the
password-protected
area
by
blocking
its
User
Data
(as
de-fined
below),
in
particular
if
the
User
·
uses
false
data
for
the
purpose
of
registration;
·
violates
these
Terms
of
Use
or
neglects
its
duty
of
care
with
regard
to
User
Data;
·
violates
any
applicable
laws
in
the
access
to
or
use
of
the
DKS
Web
Site;
or
·
did
not
use
the
DKS
Web
Site
for
a
longer
period.
3.2
For
registration
the
User
shall
give
accurate
information
and,
where
such
information
changes
over
time,
up-date
such
information
(to
the
extent
possible:
online)
without
undue
delay.
The
User
shall
ensure,
that
its
e-mail
address,
as
supplied
to
DKS,
is
current
at
all
times
and
an
address
at
which
the
User
can
be
contacted.
3.3 Upon
registration
the
User
will
be
provided
with
an
access
code,
comprising
a
User
ID
and
a
password
("User
Data").
On
first
access
the
User
shall
promptly
change
the
password
received
from
DKS
into
a
password
known
only
to
the
User.
The
User
Data
allows
the
User
to
view
or
change
its
data
or,
as
applicable,
to
withdraw
its
consent
to
data
processing.
3.4 The
User
shall
ensure
that
User
Data
is
not
accessible
by
third
parties
and
is
liable
for
all
transactions
and
other
activities
carried
out
under
its
User
Data.
At
the
end
of
each
online session,
the
User
shall
log-off
from
the
password
protected
websites.
If
and
to
the
extent
the
User
becomes
aware
that
third
parties
are
misusing
its
User
Data
the
User
shall
notify
DKS
thereof
without
undue
delay
in
writing,
or,
as
the
case
may
be,
by
e-mail.
3.5 After
receipt
of
the
notice
under
paragraph
3.4,
DKS
will
deny
access
to
the
password-protected
area
under
such
User
Data.
Access
by
the
User
will
only
be
possible
again
upon
the
User's
application
to
DKS
or
upon
new
registration.
3.6 The
User
may
at
any
time
request
termination
of
its
registration
in
writing,
provided
that
the
deletion
will
not
violate
the
proper
performance
of
contractual
relationships.
In
such
event
DKS
will
remove
all
user
data
and
other
stored
personally
identifiable
data
of
the
User
as
soon
as
these
data
is
no
longer
needed.
4. Rights
of
Use
to
Information,
Software
and
Documentation
4.1 The
use
of
any
information,
software
and
documentation
made
available
on
or
via
this
DKS
Web
Site
is
subject
to
these
Terms
of
Use
or,
in
case
of
updating
information,
software
or
documentation,
subject
to
the
applicable
license
terms
previously
agreed
to
with
DKS.
Separately agreed
to
license
terms
shall
prevail
over
these
Terms
of
Use.
4.2
DKS
grants
User
a
non-exclusive
and
non-transferable
license,
which
may
not
be
sublicensed,
to
use
the
information,
software
and
documentation
made
available
to
the
User
on
or
via
the
DKS
Web
Site
to
the
extent
agreed,
or
in
the
event
of
no
such
agreement
to
the
extent
of
the
purpose
intended
by
DKS
in
making
same
available.
4.3
Software
shall
be
made
available
at
no
expense
in
object
code.
There
shall
be
no
right
for
the
source
code
to
be
made
available.
This
shall
not
apply
to
source
code
related
to
open
source
software,
which
license
conditions
take
priority
over
these
Terms
of
Use
in
the
case
of
transfer
of
open
source
software
and
which
conditions
require
the
making
available
of
the
source
code.
In
such
case
DKS
shall
make
the
source
code
available
in
return
for
the
payment
of
costs.
4.4 Information,
software
and
documentation
may
not
be
distributed
by
the
User
to
any
third
party
at
any
time
nor
may
it
be
rented
or
in
any
other
way
made
available.
Unless
such
is
allowedby
ma ndatory
law,
the
User
shall
not
modify
the
software
or
documentation
nor
shall
it
disassemble,
reverse
engineer
or
decompile
the
soft-ware
or
separate
any
part
thereof.
The
User
may
make
one
backup
copy
of
the
software
where
necessary
to
secure
further
use
in
accordance
with
these
Terms
of
Use.
4.5
The
information,
software
and
documentation
are
protected
by
copyright
laws
as
well
as
international
copy-right
treaties
as
well
as
other
laws
and
conventions
related
to
intellectual
property.
The
User
shall
observe
such
laws
and
in
particular
shall
not
modify,
conceal
or
remove
any
alphanumeric
code,
marks
or
copyright
notices
neither
from
the
information
nor
from
the
software
or
documentation,
or
any
copies
thereof.
4.6 §§
69a
et
seq.
of
the
German
Copyright
Law
shall
not
be
affected
hereby.
5.
Intellectual
Property
5.1
Notwithstanding
the
particular
provisions
in §
4 of
these
Terms
of
Use,
information,
brand
names
and
other
contents
of
the
DKS
Web
Site
may
not
be
changed,
copied,
reproduced,
sold,
rented,
used,
supplemented
or
otherwise
used
in
any
other
way
without
the
prior
written
permission
of
DKS.
5.2
Except
for
the
rights
of
use
and
other
rights
expressly
granted
herein,
no
other
rights
are
granted
to
the
User
nor
shall
any
obligation
be
implied
requiring
the
grant
of
further
rights.
Any
and
all
patent
rights
and
licenses
are
expressly
excluded.
6.
Duties
of
the
User
6.1 In
accessing
or
using
the
DKS
Web
Site
the
User
shall
not
·
harm
other
persons,
in
particular
minors,
or
infringe
their
personal
rights;
·
breach
public
morality
in
its
manner
of
use;
·
violate
any
intellectual
property
right
or
any
other
proprietary
right;
·
upload
any
contents
containing
a
virus,
so-called
Trojan
Horse,
or
any
other
program
that
could
damage
data;
·
transmit,
store
or
upload
hyperlinks
or
contents
to
which
the
User
is
not
entitled,
in
particular
in
cases
where
such
hyperlinks
or
contents
are
in
breach
of
confidentiality
obligations
or
unlawful;
or
·
distribute
advertising
or
unsolicited
e-mails
(so-called
"spam")
or
inaccurate
warnings
of
viruses,
defects
or
similar
material
and
the
User
shall
not
solicit
or
request
the
participation
in
any
lottery,
snowball
system,
chain
letter,
pyramid
game
or similar
activity.
6.2
DKS
may
deny
access
to
the
DKS
Web
Site
at
any
time,
in
particular
if
the
User
breaches
any
obligation
arising
from
these
Terms
of
Use.
7.
Hyperlinks
The
DKS
Web
Site
may
contain
hyperlinks
to
the
web
pages
of
third
parties.
DKS
shall
have
no
liability
for
the
contents
of
such
web
pages
and
does
not
make
representations
about
or
endorse
such
web
pages
or
their
contents
as
its
own,
as
DKS
does
not
control
the
information
on
such
web
pages
and
is
not
responsible
for
the
contents
and
information
given
thereon.
The
use
of
such
web
pages
shall
be
at
the
sole
risk
of
the
User.
8.
Liability
for
defects
of
title
or
quality
8.1. Insofar
as
any
information,
software
or
documentation
is
made
available
at
no
cost,
any
liability
for
defects
as
to
quality
or
title
of
the
information,
software
and
documentation
especially
in
relation
to
the
correctness
or
absence
of
defects
or
the
absence
of
claims
or
third
party
rights
or
in
relation
to
completeness
and/or
fitness
for
purpose
are
excluded
except
for
cases
involving willful
misconduct
or
fraud.
8.2 The
information
on
the
DKS
Web
Site
may
contain
specifications
or
general
descriptions
related
to
the
technical
possibilities
of
individual
products
which
may
not
be
available
in
certain
cases
(e.g.
due
to
product
changes).
The
required
performance
of
the
product
shall
therefore
be
mutually
agreed
in
each
case
at
the
time
of
purchase.
9.
Other
Liability,
Viruses
9.1 The
liability
of
DKS
for
defects
in
relation
to
quality
and
title
shall
be
determined
in
accordance
with
the
provisions
of §
8 of
these
Terms
of
Use.
Any
further
liability
of
DKS
is
excluded
unless
required
by
law,
e.g.
under
the
Act
on
Product
Liability
or
in
cases
of willful misconduct,
gross
negligence,
personal
injury
or
death,
failure
to
meet
guaranteed
characteristics,
fraudulent
concealment
of a
defect
or
in
case
of
breach
of
fundamental
contractual
obligations.
The
damages
in
case
of
breach
of
fundamental
contractual
obligations
is
limited
to
the
contract-typical,
foreseeable
damage
if
there
is
no willful
misconduct
or
gross
negligence.
9.2 Although
DKS
makes
every endeavor
to
keep
the
DKS
Web
Site
free
from
viruses,
DKS
cannot
make
any
guarantee
that
it
is
virus-free.
The
User
shall,
for
its
own
protection,
take
the necessary
steps
to
ensure
appropriate
security
measures
and
shall
utilize
a
virus
scanner
before
downloading
any
information,
software
or
documentation.
9.3 §§
9.1
and
9.2
do
not
intend
nor
imply
any
changes
to
the
burden
of
proof
to
the
User's
disadvantage.
10.
Export
Controls
10.1
The
export
of
certain
information,
software
and
documentation
may,
e.g.
due
to
its
nature
or
intended
use
or
final
destination,
be
subject
to
authorization.
The
User
shall
strictly
conform
with
the
export
regulations
for
in-formation,
software
and
documentation,
in
particular
with
those
of
the EU
as
well
as
the
individual
EU
member
states
and
the
USA.
DKS
shall
label
information,
software
and
documentation
in
relation
to
German
and
EU
export
control
lists
and
U.S.
Commerce
Control
List.
10.2 The
User
shall
particularly
check
and
verify
that
·
the
information,
software
and
documentation
shall
not
be
used
for
any
purpose
related
to
armaments,
nuclear
technology
or
weapons;
·
no
undertaking
or
person
listed
in
the
U.S.
Denied
Persons
List
(DPL)
shall
receive
commodities,
soft-ware
or
technology
of
U.S.
origin;
·
no
undertaking
or
person
named
in
the
U.S.
Warning
List,
U.S.
Entity
List
or
U.S.
Specially
Designated
National
List
shall
receive
items
of
U.S.
origin
without
a
license;
and
·
no
undertaking
or
person
named
in
the
Specially
Designated
Terrorists
List,
Foreign
Terrorist
Organizations
List,
Specially
Designated
Global
Terrorists
List
or
in
the
Terrorists
List
of
the EU
shall
receive
goods;
·
no
military
consignees
shall
be
supplied;
·
the
early
warning
instructions
of
the
respective
German
authorities
shall
be
observed.
Access
to
software,
documentation
and
information
on
the
DKS
Web
Site
shall
only
take
place
if
such
conforms
with
the
above
checks
and
guarantees.
Where
the
User
does
not
comply
with
the
above,
DKS
shall
not
be
obliged
to
perform.
10.3
Upon
request
DKS
shall
inform
the
User
of
the
relevant
contact
points
for
further
information.
11.
Data
Privacy
Protection
For
collection,
use
and
processing
of
personally
identifiable
data
of
the
User
of
the
DKS
Web
Site,
DKS
shall
comply
with
applicable
laws
on
data
privacy
protection
and
the
DKS
Web Site
Data
Protection
Privacy
Policy,
which
is
available
per
hyperlink
on
the
DKS
Web
Site and/or
on
www.dks-koeln.de.
12.
Supplementary
Agreements,
Place
of
Jurisdiction,
Applicable
Law
12.1
Any
supplementary
agreement
requires
the
written
form.
12.2
The
place
of
jurisdiction
shall
be
Munich
if
the
User
is a
merchant
in
terms
of
the
German
Commercial
Code
(Handelsgesetzbuch).
12.3
The
individual
pages
of
the
DKS
Web
Site
are
operated
and
administered
by
DKS
Dienstleistungsgesellschaft
für
Kommunikationsanlagen
des
Stadt-
und
Regionalverkehrs
mbH
-
and/or
its
affiliates.
The
pages
comply
with
the
law
applicable
in
the
country
where
the
responsible
company
has
its
business
residence.
DKS
makes
no
representation
that
information,
software
and/or
documentation
on
the
DKS
Web
Site
are
appropriate
or
available
for
viewing
or
downloading
at
locations
outside
such
country.
If
Users
access
DKS
Web
Site
from
outside
such
country,
they
are
exclusively
responsible
for
compliance
with
all
applicable
local
laws.
Access
to
DKS
Web
Site's
information,
software
and/or
documentation
from
countries
where
such
content
is
unlawful
is
prohibited.
In
this
case
and
where
User
seeks
to
do
business
with
DKS,
the
User
should
contact
the
DKS
representative
for
the
particular
country
for
country
specific
business.
12.4 These
Terms
of
Use
shall
be
governed
by -
and
all
disputes
relating
to
or
in
connection
with
these
Terms
of
Use
or
their
subject
matter
shall
be
resolved
in
accordance
with
-
the
laws
of
Germany,
to
the
exclusion
of
its
conflict
of
laws
rules.
The
application
of
the
United
Nations
Convention
on
Contracts
for
the
International
Sales
of
Goods
(CISG)
of
11
April
1980
is
excluded.
|