Terms of Service

Date of Statement: August 2016

1. Services 
1.1 algarve.digital offers on these web pages free specific information and software, possibly including documentation, for download.

1.2 In general, the site of Algarve.digital is available 24 hours a day, seven days a week. Due to the nature of the internet and computer systems, Algarve.digital accepts no liability for the continuous availability of the website of Algarve.digital. Algarve.digital is entitled at any time to adjust the operation of the website of Algarve.digital.

1.3 Algarve.digital offers the software, documentation and information exclusively for use by businesses and public bodies. The user declares that he
is using the website of Algarve.digital as or for a company, that is acting in the course of a commercial activity or own career, or for a public service
entity. § 312e paragraph 1 sentence 1 no . 1 - . 3 of the German Civil Code shall not apply.

2. Rights to use the software, documentation and information
2.1 The use of downloaded software, documentation and information is subject to these conditions or, in case of updating software, documentation or
information, previously agreed with Algarve.digital applicable license terms. Separately agreed license terms prevail over these conditions.

2.2 The user has the non-exclusive, non-transferable and free-of-charge right to use the delivered software, its documentation - if available - and information as well in the extent agreed, as agreed or if not agreed it corresponds to the purpose of the materials and making of Algarve.digital.

2.3 Software is provided for free in machine-readable form. There is no right for the source code itself. This excludes source codes of open source software, which license conditions require the making available of the source code and take priority in dissemination of open source software to these conditions. In this case, Algarve.digital will make the source code available for reimbursement.

2.4 Neither the software or its documentation or information may be sold at any time to third parties, rented or entrusted in any other way by the user. The user may change neither the software nor its documentation, reverse engineer or decompile and remove any parts, as far as the law does not allow anything else. The user may make a backup copy of the software if this copy is necessary for the secure further use .

2.5 The software, documentation and information are protected by copyright laws and international copyright treaties as well as other laws and agreements on intellectual property. The User shall observe such laws and in particular not remove alphanumeric identifiers, trademarks or copyright notices from the software or documentation or from the information.

2.6 §§ 69a et seq . German Copyright Act remain unaffected.

3. Duties of the user 
3.1 The user may not during usage of the website by Algarve.digital: persons, especially minors, harm or violate their personal rights; breach with his
conduct contrary to morality; harm intellectual property rights or other property rights; use any false identity for the purpose of misleading others;
transmit contents containing viruses, Trojan horses, hoax viruses or other programming that can damage software; insert hyperlinks or contents, save or send to which he is not entitled, in particular when these hyperlinks or contents breach confidentiality obligations or are illegal; call advertising or
unsolicited e- mails ("spam") or inaccurate warnings of viruses, defects or similar material or to participate in any lottery, snowball system, chain letter, pyramid game or similar activity.

3.2 Algarve.digital may deny access to the website of Algarve.digital any time, particularly if the user fails to fulfill its obligations under paragraphs 3.1,
7.1 or  8. Algarve.digital is not liable for damages arising from the access lock, unless in cases of willful misconduct, gross negligence or breach of contract of mandatory liability.

4. Hyperlinks
4.1 The site of Algarve.digital may contain hyperlinks to third party websites. Algarve.digital accepts for the content of this website no liability or
responsibility, nor adopt Algarve.digital these websites as its own. Their use is at your own risk.

5. Liability for Defects
5.1 If software, documentation or other information is entrusted at no cost, any liability for material and legal defects of the software, documentation and information, particularly for the accuracy, correctness, freedom from property rights and copyrights of third parties, completeness and / or usability - except for willful misconduct or fraudulent intent - is excluded.

5.2 The information may contain general descriptions of technical possibilities of individual products which may not be available in individual cases. The
desired characteristics of the products should therefore be specified in each individual case at purchase.

6. Other Liability, Viruses
6.1 The liability of Algarve.digital for material and legal defects is subject to the provisions of Section 5 of these conditions. Any further liability of Algarve.digital is excluded unless as willful misconduct, gross negligence, injury to life, body or health, due to assumption of a guarantee of quality, fraudulent concealment of a defect or due to breach of contract mandatory liability.

6.2 Although Algarve.digital constantly working to keep the website of Algarve.digital virus free, Algarve.digital does not guarantee freedom from viruses. Users are therefore advised to obtain prior to downloading software, documentation and information, even for appropriate security measures and virus scanners. Similarly, the user will use all reasonable security measures and virus scanners to transmit any viruses on the website of Algarve.digital.

6.3 A change in the burden of proof to the disadvantage of the user is not connected to the above provisions in paragraphs 6.1 and 6.2.

7. Intellectual property
7.1 regardless of the particular provisions in Paragraph 2 of these conditions, information, brand names and other contents of the website of Algarve.digital without prior written permission of Algarve.digital may not be altered, copied, reproduced, sold, rented, used, supplemented or otherwise exploited.

7.2 Outside the herein granted usage rights or other rights of any kind, in particular to the company name or to industrial property rights such as
patents, utility models or brands, no other rights are granted, yet this leads to a corresponding obligation of Algarve.digital to grant such rights.

8. Export control
8.1 The export of certain software, documentation and information can be subject to authorization - for exampledue to its nature or intended use or
final destination. The User shall strictly conform to the software, documentation and information of the EU or EU Member States export regulations
and the USA. Algarve.digital marks software, documentation and information regarding the approval to German, European and US export lists.

8.2 The user shall check and ensure that the delivered software, documentation and information will not be used for armaments, nuclear technology or weapons or other military use; nor companies or person named in the US Denied Persons List (DPL), contain US origin goods, US software or US technology; nor companies or person named in the US Warning List, US Entity List or US Specially Designated National List, shall receive US originating products without permission; the early warning instructions of the respective German authorities are observed. Access to software, documentation and information on the website of Algarve.digital shall only take place if these corresponds to the above checks and guarantees, otherwise Algarve.digital is not obliged to service.

8.3 Algarve.digital will name the user name the relevant contact points for further information at his request.

9. Privacy
9.1 if for the usage of the website of Algarve.digital or for provision of services by Algarve.digital storage and processing of personal data of the user
should be required, Algarve.digital will respect the rules of data protection laws .

10. Additional agreements, place of jurisdiction and applicable law
10.1 Additional agreements must be in written form.

10.2 Jurisdiction is Munich, if the user is a merchant in terms of the German Commercial Code.

10.3 German law applies, excluding the UN sales law.

This text is for information only. For legal purposes, please refer to the original version in German Language on richarddiks.com