1. Rights of use to information, data files and documents
DQS grants user a non-exclusive and non-transferable license to use the information, data files and documentation made available to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by DQS in making same available.
2. Duties of the user
In accessing or using the DQS website, the user shall not
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called "spam") or
• inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
The DQS website may contain hyperlinks to the web pages of third parties. DQS shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as DQS does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.
4. Liability for defects of title or quality
Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
5. Other liability, viruses
Although DQS makes every endeavor to keep the DQS website free from viruses, trojan horses and other harmful pro-active systems, DQS cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep the DQS website virus-free, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, data files or documentation.
Clauses 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the user's disadvantage.
6. Data privacy protection
For collection, use and processing of personally identifiable data of the user, DQS shall comply with applicable laws on data privacy protection. By submitting the data, user agrees to have their data processed electronically. Users may rescind their acceptance at any time, but not retroactively. Upon advance written or electronic notification, users are also authorized to review the content and extent of their own data stored by DQS. For more details please refer to the data privacy protection clause on the website.
DQS would like to point out that the Internet is a public communication system and as such subject to new security gaps at any time. In spite of state-of-the-art technology DQS does not and can not know about these gaps beforehand. After cognizance and review of security gaps, DQS will initiate defensive measures as required.
7. Supplementary agreements, place of jurisdiction, applicable law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Frankfurt if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).