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Legal Notices
XPLM Support Portal Terms of Use
By using the XPLM Support Portal, Customer (hereinafter "you") agrees to the following terms and conditions ("Support Portal Terms of Use"), and to the XPLM General Terms and Conditions. XPLM reserves the right to change the Support Portal Terms of Use at any time.
1. General
The information published on the XPLM Support Portal was partly provided by third parties. XPLM accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims for damage caused by the use of any information provided, including any kind of information, which is incomplete or incorrect, will therefore be rejected. All offers are not binding and without obligation. XPLM reserves the right to amend, modify or delete parts of the pages or the complete content including all offers and information without prior notice. Should XPLM be informed of any violation of laws or/and third party rights or/and any illegal content on XPLM´s pages, the respective content will promptly be removed.
2. Availability
On the basis of the nature of the Internet and of computer systems, XPLM cannot guarantee an uninterrupted and constant availability of the XPLM Support Portal.
3. Referrals and links
XPLM accepts no responsibility for any contents linked or referred to from their pages to third party websites – unless XPLM has full knowledge of illegal contents and unless it would be technically possible and reasonable to prevent visitors of these sites from accessing such pages. XPLM explicitly declares that at the time of setting links no illegal contents were recognizable on the linked pages. XPLM has no influence on the current and future design and contents of the linked sites. A permanent control of third party websites is not possible for XPLM. XPLM distances itself explicitly from all content on all linked sites that may have been changed since the links were placed. This declaration applies for all the links and references set within the scope of XPLM′s own Internet offer and also for entries by third persons. Therefore, XPLM is not liable for illegal, faulty or incomplete content, and in particular for losses resulting from the use or non-use of information provided by third parties. XPLM is merely referencing to the respective publication by means of the links.
4. Intellectual Property
All rights to XPLM’s Software and Documentation you have access to, including but not limited to any solution concepts, printed materials, user manuals, any associated media, online and electronic documentation, software or hotfixes (hereinafter “Materials”) are the exclusive property of XPLM or third parties from whom XPLM has obtained licensing rights. This also applies to any modifications, extensions and customizations. All intellectual property rights of this software and any copy of this software will remain with XPLM or third parties from whom XPLM has obtained the rights.
The rights of use are defined within a software use and maintenance agreement, the General Terms and Conditions of XPLM or another contractual basis you need to agree to by placing your order. This contract represents the terms and conditions under which the Software has been licensed to you. When installing the software you confirm that a valid license agreement is in place and the content of that agreement is known, understood and accepted by you.
If the performance of the support yields copyrightable work results (e.g. software, specifications, customizing, support portal contents, hotfixes or other solutions), all intellectual property rights of these work results and any copy of this software will remain with XPLM.
It is prohibited to modify and/or remove any copyright notices and/or trademarks notices and/or other information of the content.
5. Access
Access to the Support Portal, including access to the service request function, will be granted only to your designated support contacts and the Materials may be used only in support of your authorized use of the product for which you have a current support contract. In addition, only Software you have a current support contract for will be maintained.
6. Infringements and violations of applicable law
Any activities by you in the context of the XPLM Support Portal that violate applicable law and/or infringe the rights of third parties and/or violate the principles of protection of minors are forbidden. Equally any activity by you that may serve to impair the normal mode of operation of this website shall be prohibited.
7. WARRANTY DISCLAIMER
THE MATERIALS IN THE SUPPORT PORTAL ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.XPLM EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY. NEITHER XPLM NOR ITS SUPPLIERS WARRANT THAT THE MATERIALS ARE SUITABLE FOR YOUR USE OR THAT DEFECTS IN THE MATERIALS WILL BE CORRECTED. FURTHERMORE, NEITHER XPLM NOR ITS SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XPLM S HALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Any claims for defects in quality and title in the software shall lapse if the items supplied under the contract were modified without the consent of XPLM and you fail to prove that the defect is not related thereto. This shall also apply if you engage third parties for modification of the software with the approval of XPLM. Furthermore, XPLM shall not be liable under warranty if you use the items supplied under the contract in deviation from the contractually agreed rights of use. The limitation period for defects in quality and title shall be 12 months.
8. Limitation of Liability
XPLM shall be liable only if any damage is caused by culpable breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of this contract and on the fulfilment of which you may rely regularly (essential obligation) and if any damage is based on injury to life, body or health or is caused by negligence or willful intent. Liability according to the regulations of the product liability law remains unaffected by this provision. The above mentioned exclusions and limitations apply only to the extent permitted by law. None of the statutory rights of consumers are affected.
Neither XPLM nor its suppliers shall be liable for incidental, consequential, indirect, special or punitive damages of any kind, loss of information or data, or other financial loss arising out of or in connection with the sale or use of these Materials. XPLM’s liability shall be limited to the yearly costs of the software maintenance.
9. Privacy and data protection
XPLM applies great care to the proper handling of personal data and compliance with the applicable provisions of data protection statutes.
For the specific handling of your personal data, please see our Data Protection Declaration.
10. Severability clauseiv
In case that any of the provisions of these Support Portal Terms of Use should become invalid or unenforceable, the remaining provisions hereby remain unaffected. The invalid regulation shall be replaced by a provision which most closely reflects the meaning and purpose of the invalid provision. This shall apply respectively in the case of gaps in these Support Portal Terms of Use.
Data Protection Declaration
XPLM Solution GmbH (thereinafter referred to as “XPLM”) is committed to providing its online users with services and information in an efficient and secure manner. This Data Protection Declaration explains what personal information is collected on this Website, how that information is used, and what measures XPLM takes to safeguard the privacy of its users.
What is personal data?
Personal data is general information about personal or functional circumstances of a specific natural person, for instance your name, your postal address, your telephone number and your date of birth. Information that cannot be directly associated with particular persons is not personal data.
What personal information is collected on the XPLM Support Portal?
There is a general registration requirement for users of the XPLM Support Portal. Therefore the following personal details will be collected: title, first name, last name, e-mail address and company. Therefore our web server may temporarily saves, by default, the connection data of the inquiring computer, the website you are visiting, the date and the duration of your visit, and if necessary the website from where you are visiting us.
How does XPLM use the information collected on the XPLM Support Portal?
Information about individual users collected on the XPLM Support Portal is used for internal business purposes. Only if you have given us your approval will we use this information to inform you of news, service upgrades or new services or products that may be of particular interest to you.
Does XPLM provide personal information collected on the XPLM Support Portal to third parties?
XPLM does not sell, trade or rent personal information collected online and will not knowingly disclose any individual personal information to any third party.
How can I change or update the information I provide on the XPLM Support Portal?
XPLM offers you the opportunity to change your account password at any time on the Support Portal. For other changes please contact us.
Does the XPLM Support Portal use cookies?
XPLM does use cookies on the Support Portal only to save Browser settings for the download confirmation.
What measures does XPLM take to safeguard its online users' privacy?
Please be advised that no data transmission over the Internet is 100 % secure. XPLM is committed to protecting users' personal information but cannot guarantee or warrant the security of this information when it is sent to, or through, the XPLM Support Portal. Such information is therefore transmitted on the user's own risk.
Privacy policy updates
This policy will be updated from time to time as necessary to add new XPLM Websites to its coverage or to address new services and functions. XPLM will provide you with notice of any changes or updates to this policy on the home page of each of the XPLM Websites.
Right to revoke
You have the right to revoke your consent to use your personal data at any time. In this case, please send your written notice of revocation to the address below.
XPLM Solution GmbH
Altmarkt 25
D-01067 Dresden
Germany
Attention: Legal Department
Right of access
On written request XPLM will inform you about the personal data collected.