Agreement
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to the OGIS GmbH ("OGIS", "us",
"we", or "our") Site. By using the Site you represent that you have
read, understood and accepted these Terms and agree to be bound by
them. Your use of the Site will be deemed to be acceptance by you
of these Terms in their entirety. If you do not agree to these Terms,
and to be bound by any changes to them in future, please do not use
the Site.
Fees
The use of the Site is free. The current fee for the use of the Online
Glass Engineering Softwareare is 2.995 Euro
per year. We reserve the right to change our fees at any time. Unless
otherwise stated, all fees are quoted in Euro.
Warranty
It may happen that the access to our website and/or the proper representation
of your order is impaired caused by technical problems of third parties
that are out of the sphere of influence of OGIS, such as for example
(but not limited to) the use of an inappropriate software for the
representation and/or hardware (for example a browser), by troubles
in the communication network of other operators, computer failure
at internet providers or online services, by incomplete and/or not
actualised offers on so-called proxy servers (intermediate memories)
of commercial and/or non-commercial providers and online services.
OGIS reserves the right, to interrupt the accessibility of the internet
pages of OGIS for the purpose of maintenance or repairs. OGIS will
try to execute these works during noon time (MEZ). OGIS guarantees
best possible publication of your order according to the respective
actual state of art. For orders placed or modifications informed about
via telephone, OGIS is not responsible for the correctness of their
publication.
You understand that your complaints against OGIS have to be in writing.
In case OGIS is responsible for the fault, OGIS will make use of its
contracted right to rework or to eliminate this fault.
Applicable Law
You agree that the laws of the Federal Republic of Germany will govern
these Conditions of Use and the full connection of duties between
the parties, under exclusion of the UN-sales laws. If, within these
conditions, an agreement is to be confirmed in writing, it is understood
that the sending of an email message fully corresponds to these requirements.
Insofar the contract partner of OGIS is a merchant according to the
Federal Commercial Law, or is a legal person of the Public Right or
of a public legal Separate Property, it is acknowledged and agreed
that Düsseldorf is only place of jurisdiction for all disputes arising
directly or indirectly out of the contract. Even if one of the clauses
of these General Business Conditions is or becomes invalid, this does
not influence the validity or application of all other conditions.
Disclaimer
THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON OR AVAILABLE
THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,
VIDEO, AUDIO, AND HYPERLINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH
NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OGIS DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION AND MATERIALS. IN ADDITION, OGIS DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE,
COMPLETE OR CURRENT. NEITHER COURSE OF CONDUCT NOR TRADE USAGE SHALL
ACT TO ALTER OR MODIFY THESE TERMS AND CONDITIONS. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
OGIS GmbH
November 2005
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