1. Scope of application

1.1. These TOU shall apply to all buyers and/or users (hereinafter both together referred to as 'USER') who have purchased and/or use one or more products of the product systems ORTOMAT and ALTECNO (hereinafter referred to as 'PRODUCT') according to the respective current and previous catalogs (published at www.infraport.world/dataonly). The right to supplement/change the product system range is reserved.

 

1.2. With the purchase of a PRODUCT the USER acquires a DATAONLY license for 3 years, which can be renewed and extended. With the commissioning of the PRODUCT, the USER accepts the TOU in its currently valid version (published on www.infraport.world/dataonly).

 

2. Scope of services

2.1. DATAONLY is a service provided by vonRoll hydro (suisse) ag, hereinafter also referred to as, VRHS', located in Zug, Switzerland.

 

2.2. DATAONLY consists of the transfer of the data generated by the PRODUCT (hereinafter 'DATA') to the USER's system environment during the DATAONLY period of use agreed with the USER in each case. In the absence of any other agreement, the period of use shall be 3 years. The period of use may be renewed and extended

 

2.3. VRHS reserves the right to modify the service offer at any time

 

3. Use of DATAONLY

3.1. In accordance with the provisions of these TOU, VRHS grants the USER the non-exclusive, non-transferable right, limited in time and place, against payment, to use DATAONLY for his own purposes

 

3.2. The USER's right of use is locally limited to the use in the country of his registration. The right of use exists for the duration of the contract and under the condition that the contractually owed payments are made in full in each case.

 

4. Backup and archiving of DATAONLY data

4.1. The backup and archiving of DATA is the sole responsibility of the USER.

5. License fee and costs

5.1. The fee for the DATAONLY license is due for the entire period of use and is payable in advance. The amount of the license fee shall be based on the price list applicable at the beginning or at the time of renewal of the use, which is published on www.infraport.world/pricingdataonly.

 

5.2. Any communication costs shall be invoiced separately and additionally to the USER.

 

5.3. For the installation and commissioning of DATAONLY a compensation is due, which will be invoiced separately and according to time and effort.

6. Warranty

6.1. VRHS does not warrant the accuracy or completeness of the DATA generated by DATAONLY.

 

6.2. The USER is solely responsible for the correctness and completeness of the DATA..

 

6.3. VRHS excludes all warranty claims to the extent permitted by law

7. Liability

7.1. VRHS is liable only for direct damage caused intentionally or by gross negligence by the persons acting and authorized to act on behalf of VRHS (hereinafter referred to as 'PERSONS').

 

7.2. Liability for vicarious agents and auxiliary persons is excluded in full.

 

7.3. In case of negligent violation of essential contractual obligations VRHS is only liable for the foreseeable, typical damage caused to the USER by its persons. Liability under this paragraph shall in any event be limited to the amount of the five most recent annual fees paid by USER under this TOU. Essential obligations according to this paragraph are obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the USER may rely. In all other respects VRHS shall not be liable for negligence on account of the conduct or omission of its persons, auxiliary persons and subcontractors.

 

7.4. In no event shall VRHS be liable for any indirect and/or consequential damages such as loss of profits, claims of third parties, etc.

 

7.5. VRHS shall not be liable for end devices of the USER or third parties (e.g. computer, cell phone etc.).

 

7.6. DATAONLY is provided via open networks which are basically accessible to everyone. VRHS shall not be liable for any damages arising from the use of these networks. In particular, VRHS shall not be liable for damages incurred by the USER and/or third parties as a result of transmission errors, technical defects, malfunctions, interruptions and delays (in particular also in processing), illegal interference with or overloading of the facilities of network and/or telecommunication operators, wilful blockage of electronic access, malfunctions, interruptions or other inadequacies on the part of network and/or telecommunication operators and/or as a result of force majeure (e.g. warlike conflicts).

 

7.7. VRHS reserves the right, in the event that security risks are identified, to interrupt and/or block the use of DATAONLY at any time and for the duration VRHS deems necessary, without prior notice, until such risks are remedied. VRHS is also entitled to interrupt access for maintenance work. VRHS is not liable for any damages resulting from such interruptions or blocks.

8. IP rights to DATAONLY

8.1. All copyrights, trademarks and other intellectual property rights in DATAONLY (in particular designs, concepts, portals and software) as well as in other related services and installations shall be the unrestricted and exclusive property of VRHS or its licensors.

9. Handling DATAONLY data

9.1. The USER shall be solely responsible for the safe, correct and lawful use of the DATA and shall in particular observe the applicable legal provisions of the relevant jurisdictions

 

9.2. VRHS shall not be liable for any breach of data protection regulations, if such breach is the result of unlawful and/or unauthorized access and/or manipulation by third parties and/or the USER or is the result of force majeure

 

10. Safety

10.1. The USER shall take suitable precautions against loss of data and to prevent access to its DATA by unauthorized third parties

 

10.2. Due to the encryption used, it is generally not possible for unauthorized persons to view the DATA. Nevertheless, even with all state-of-the-art security measures, absolute security cannot be guaranteed.

 

10.3. The USER is aware of the following risks in particular and shall bear their consequences:

• insufficient system knowledge of the USER
• insufficient security precautions on the part of the USER
• unlawful access (hacking) to the USER's system environment
• consequences of damage to DATAONLY caused by computer viruses and similar events at the USER.

11. Involvement of third parties

11.1. VRHS shall be entitled, at its sole discretion, to engage third parties to fulfill its obligations.

12. Start, scheduling and renewal of DATAONLY

12.1. DATAONLY shall commence upon commissioning and shall be concluded for a definite period of time. The contract shall terminate automatically at the end of the contract agreed upon in each case, for the first time after the expiration of 3 years since the first commissioning.

 

12.2. Upon termination of the DATAONLY Agreement, the transfer of DATA to the USER's system environment shall also end simultaneously and automatically.

 

12.3. If the agreement is not to end as agreed, but is to be extended without any gaps, the USER shall extend DATAONLY for a further specified period no later than 8 weeks prior to the end of the agreement. Should a USER violate DATAONLY in a serious way, in particular by not paying the due license fee, costs and/or by violating property rights in due time, VRHS shall be entitled not to renew or to block DATAONLY. There shall be no pro rata claim for repayment of the license fee already paid.

12.2. Mit der Beendigung des DATAONLY-Vertrages endet gleichzeitig und automatisch auch die Transferierung der DATEN auf die Systemumgebung des USER.

12.3. Soll der Vertrag nicht wie vereinbart enden, sondern lückenlos verlängert werden, hat der USER DATAONLY spätestens 8 Wochen vor Vertragsende um eine weitere bestimmte Zeit zu verlängern. Sollte ein USER DATAONLY in schwerwiegender Weise verletzen, insbesondere durch nicht fristgerechte Bezahlung der fälligen Lizenzgebühr, Kosten und/oder durch Verletzung von Schutzrechten, ist VRHS berechtigt DATAONLY nicht zu erneuern oder zu sperren. Ein anteilsmässiger Rückforderungsanspruch auf die bereits bezahlte Lizenzgebühr besteht nicht.

13. Changes to the terms of use

13.1. VRHS reserves the right to modify these TOU at any time (in particular the range of services and prices). The corresponding publication will be made on www.infraport.world/dataonly.

14 Applicable law, place of jurisdiction and final provisions

14.1. These TOU shall be governed exclusively by Swiss law without regard to its conflict of law provisions.

 

14.2. The place of jurisdiction for all disputes in connection with these TOU is the registered office of VRHS. VRHS is entitled to sue the USER at his place of residence/registered office.

 

14.3. These TOU are written in different languages. In the event of contradictions, the German version shall prevail.

 

14.4. These TOU shall apply as of 01.07.2022 and shall replace all previous versions as of this date.