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.
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.
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.
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.
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.
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.
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.
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.
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