PublicDefault - XPLM Support

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.

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 Privacy Policy.

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.

Moreover, we offer users of our website the possibility to register for our Support Portal, specifying personal data.

During the registration process, data is entered into an entry form, transmitted to us, and stored.

The following mandatory data is collected during the registration process:

First name
Last name
Email address
Company

The following data are collected during the registration process, if they are specified by the user voluntarily:

Title (indirect: Gender)

During the course of the registration process, the user's consent is obtained for the data processing.

Prior to giving consent, the user is also informed of the right to withdraw consent at any time and that the lawfulness of processing based on consent before its withdrawal will not be affected by the withdrawal.

Furthermore, reference is made to the validity of the concrete privacy policy and to the fact that the user can view it at any time via the linked URL www.xplm.com/privacy-policy.

A registration of the user is required for the provision of specific content and services on our website.

Within the framework of our Support Portal we offer our clients various possibilities of the effective use of our Software-Support.

The data collected within the registration process serve the purpose of doubtlessly matching the registered user account with one of our clients. This serves the purpose of ensuring a specific support as well as determining if and under which modalities the respective user is entitled to the use of our support and services.

The legal basis for processing data is the consent given by the user pursuant to Art. 6(1) subparagraph 1 point (a) GDPR.

In case the processing of data serves the fulfillment of a contract with the relevant user, this constitutes additional legal grounds for data processing pursuant to Art. 6(1) subparagraph 1 point (b) GDPR.

The data will be deleted as soon as it is no longer needed for the purposes for which it was collected.

This is the case for data collected during the registration process when the registration for the Support Portal is cancelled or modified.

If you have given your consent for the processing of personal data, you can withdraw it at any time. In order to withdraw a given consent, you can also use the contact form available on every page of our website or you can contact us directly via email, for instance at .

Once you withdraw your consent, we will no longer process your personal data, unless there is a legal basis to process the data other than your consent, pursuant to Art. 6(1) subparagraph 1 point (a) GDPR.

The lawfulness of processing based on consent before its withdrawal will not be affected by the withdrawal.

Furthermore, you have the option to cancel your registration at any time by letting us know that you want your registered user account deleted. You can also use the contact form available on every page of our website for such a notification or you can contact us directly via email, for instance at .

In this case your user account as well as all data collected in relation to it will be immediately deleted, within 14 days at the latest, as long as there are no legal obligations that would prevent deletion.

In the case that the data stored about you is incorrect, incomplete, or there are other justified reasons to modify it, you can have us change the data at any time by informing us of your desire to change the data, specifying the data to be changed. In this case, we will perform the changes within 7 days. As soon as the changes have been made, the old data will be automatically deleted.

	Terms of Use	Privacy Policy
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 Privacy Policy. 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.
Registration for the Support Portal 1. Description and scope of data processing Moreover, we offer users of our website the possibility to register for our Support Portal, specifying personal data. During the registration process, data is entered into an entry form, transmitted to us, and stored. The following mandatory data is collected during the registration process: First name Last name Email address Company The following data are collected during the registration process, if they are specified by the user voluntarily: Title (indirect: Gender) During the course of the registration process, the user's consent is obtained for the data processing. Prior to giving consent, the user is also informed of the right to withdraw consent at any time and that the lawfulness of processing based on consent before its withdrawal will not be affected by the withdrawal. Furthermore, reference is made to the validity of the concrete privacy policy and to the fact that the user can view it at any time via the linked URL www.xplm.com/privacy-policy. 2. Purpose of data processing A registration of the user is required for the provision of specific content and services on our website. Within the framework of our Support Portal we offer our clients various possibilities of the effective use of our Software-Support. The data collected within the registration process serve the purpose of doubtlessly matching the registered user account with one of our clients. This serves the purpose of ensuring a specific support as well as determining if and under which modalities the respective user is entitled to the use of our support and services. 3. Legal basis for data processing The legal basis for processing data is the consent given by the user pursuant to Art. 6(1) subparagraph 1 point (a) GDPR. In case the processing of data serves the fulfillment of a contract with the relevant user, this constitutes additional legal grounds for data processing pursuant to Art. 6(1) subparagraph 1 point (b) GDPR. 4. Storage period The data will be deleted as soon as it is no longer needed for the purposes for which it was collected. This is the case for data collected during the registration process when the registration for the Support Portal is cancelled or modified. 5. Prevention of further data processing by the data subject / premature deletion of the collected data If you have given your consent for the processing of personal data, you can withdraw it at any time. In order to withdraw a given consent, you can also use the contact form available on every page of our website or you can contact us directly via email, for instance at . Once you withdraw your consent, we will no longer process your personal data, unless there is a legal basis to process the data other than your consent, pursuant to Art. 6(1) subparagraph 1 point (a) GDPR. The lawfulness of processing based on consent before its withdrawal will not be affected by the withdrawal. Furthermore, you have the option to cancel your registration at any time by letting us know that you want your registered user account deleted. You can also use the contact form available on every page of our website for such a notification or you can contact us directly via email, for instance at . In this case your user account as well as all data collected in relation to it will be immediately deleted, within 14 days at the latest, as long as there are no legal obligations that would prevent deletion. In the case that the data stored about you is incorrect, incomplete, or there are other justified reasons to modify it, you can have us change the data at any time by informing us of your desire to change the data, specifying the data to be changed. In this case, we will perform the changes within 7 days. As soon as the changes have been made, the old data will be automatically deleted.