General Terms and Conditions of Use for the “FAKOLITH Product Finder” software provided free of charge by FAKOLITH Farben GmbH
§ 1 Scope of application
These General Terms and Conditions of Use govern the relationship between FAKOLITH Farben GmbH, Carl-Benz-Straße 19, 64658 Fürth/Odw. and users who make use of the FAKOLITH Product Finder provided free of charge and without obligation by FAKOLITH Farben GmbH.
The user warrants that he or she has unlimited legal capacity and that, if acting as a representative, he or she has appropriate power of representation.
You can access the Terms of Use at any time on the FAKOLITH Farben GmbH website under the URL https://www.fakolith.de/nutzungsbedingungen-profi/. A copy of these Terms of Use will not be sent to you by e-mail or otherwise stored for you.
§ 2 Purpose of use
FAKOLITH Farben GmbH provides the user with the FAKOLITH Product Finder free of charge as a non-binding selection aid. The FAKOLITH Product Finder is not intended to replace advice on the use, suitability, applicability etc. of the products of FAKOLITH Farben GmbH.
§ 3 Liability
(1) Our website is designed in such a way that the data entered by the user causes the output of certain results. It is not the responsibility of FAKOLITH Farben GmbH, but of the user or the planner or the person responsible for the project in question, to check these results before they are used and to make sure that they are really suitable for the application in question. The user himself is responsible if and as far as he bases his decisions on the results of the FAKOLITH Product Finder.
The information on our website corresponds to the latest state of technical testing and experience in the use of our products. The planner and also the user are not thereby released from their individual obligation to test the products and materials under their own responsibility for their suitability for the intended use under the respective object conditions in a professional manner. All information on our website are therefore merely aids without guarantee for faultlessness or accuracy of calculation for a specific application.
FAKOLITH Farben GmbH is not responsible for planning, results, costs or similar, if these are solely based on the output of the FAKOLITH product finder provided. FAKOLITH Farben GmbH is likewise not responsible for ensuring that the state of the art and safety concerns have been taken into account in the planning by the user. The use of the FAKOLITH Product Finder is the sole responsibility of the user.
(2) FAKOLITH Farben GmbH has no influence on the object conditions and the various factors that may affect the processing and use of its products. Therefore, no guarantee of a work result or liability, from whatever legal relationship, can be established from the information obtained with the FAKOLITH Product Finder, unless we are charged with intent or gross negligence in this respect.
(3) FAKOLITH Farben GmbH has prepared the content of this website with due care and accuracy. Nevertheless, it does not guarantee the use of the content of this website in terms of correctness and accuracy. The entire content of this website is provided “as is” without warranty of any kind, either express or implied. FAKOLITH Farben GmbH disclaims all warranties, including the implied warranties of merchantability and fitness for a particular purpose.
(4) In addition, FAKOLITH Farben GmbH does not warrant that the functions contained on its website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server is free of viruses or other harmful components.
(5) No legal claims may arise from the use of FAKOLITH Farben GmbH products for other purposes or in a manner other than that intended and described without the prior written consent of FAKOLITH Farben GmbH. FAKOLITH Farben GmbH disclaims any liability for direct, indirect, incidental or consequential damages, losses or expenses in connection with or arising out of the impossibility of using the information or application programs contained on this website for any particular purpose.
(6) Insofar as FAKOLITH Farben GmbH is liable according to these principles, this liability shall be structured as follows:
In cases of intent or gross negligence on the part of FAKOLITH Farben GmbH or a representative or vicarious agent, as well as in cases of culpably caused injury to life, body or health, FAKOLITH Farben GmbH shall be liable in accordance with the statutory provisions.
Otherwise, FAKOLITH Farben GmbH shall only be liable in accordance with the Product Liability Act, for culpable violation of essential contractual obligations or insofar as FAKOLITH Farben GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality. The claim for damages for the culpable breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless another of the cases listed here is given at the same time.
The aforementioned provisions shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. They shall also apply to the claim for reimbursement of futile expenses. A change of the burden of proof to the disadvantage of the user is not connected with the above regulations.
§ 4 Rights of use
FAKOLITH Farben GmbH is the exclusive owner of the rights to the FAKOLITH Product Finder. It reserves all rights to the software, insofar as these have not been expressly granted to the user in these terms of use. FAKOLITH Farben GmbH grants the user a non-exclusive right to use the FAKOLITH Product Finder for an unlimited period of time (hereinafter referred to as “license”). The License entitles the user to use the FAKOLITH Product Finder for the intended purpose.
In particular, the user is prohibited from reproducing, renting or leasing the FAKOLITH Product Finder in whole or in part, translating, editing or otherwise redesigning the software, sublicensing the software or publicly reproducing the software by wire or wireless means, including making it publicly available in such a way that it is accessible to members of the public from locations and at times of their choosing. The user is also prohibited from decompiling, disassembling or reverse engineering the software, unless the user is entitled to do so under relevant mandatory copyright law.
The license is non-transferable, except for the transfer of the program copy of the Software downloaded by the User, provided that the User renders the program copy installed on his computer unusable at the time of transfer.
§ 5 Trademarks and Copyright
This website contains the trademark of FAKOLITH Farben GmbH. All rights to the intellectual property contained on this website, such as copyrights, trademarks, trade secrets and patent rights, are reserved. Access to this website does not grant any right to copy or use any intellectual property of FAKOLITH Farben GmbH. All rights to the source code of the software are the exclusive property of FAKOLITH Farben GmbH. The user has no right whatsoever to access the source code or to have the source code handed over. § Section 69e of the German Copyright Act remains unaffected.
§ 6 Final provisions
There are no ancillary agreements to these Terms of Use. Amendments or supplements to this agreement must be made in writing, unless the text form is stipulated in this agreement.
These Terms of Use shall apply exclusively. Any terms and conditions of the user that deviate from or conflict with these Terms of Use shall not apply; this shall also apply if FAKOLITH Farben GmbH does not expressly object to the terms and conditions of the user.
Should individual provisions of these Terms of Use prove to be invalid, void or unenforceable or become invalid, void or unenforceable, this shall not affect the validity of the agreement as a whole. In this case, the parties shall replace the invalid, void or unenforceable provision with one that comes as close as possible in economic terms to the intended purpose in a legally permissible manner.
Insofar as the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or relocates his place of residence or habitual abode outside Germany after conclusion of the contract, or his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the use shall be the place of business of FAKOLITH Farben GmbH.
The usage relationship and all disputes arising from or in connection with this contractual relationship shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
FAKOLITH Farben GmbH | 02/23