| 1. |
Scope
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| 1.1 |
The use of these Internet pages provided by PolyTechnos and/or its advised funds ("PolyTechnos Funds"), "PolyTechnos Website", is only allowed on the basis of these Terms of Use. These Terms of Use may be amended, modified, or replaced by other terms and conditions, e.g., for the purchase of products and services. Regardless of a login being required or not, by starting the use of the PolyTechnos Website these Terms of Use are accepted in their current version.
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| 1.2 |
If the User while using the PolyTechnos Website acts as business customer, i.e., that it is not acting for purposes which are outside its trade, business or profession, or that it acts as administration customer, § 312e paragraph 1 sentence 1 no. 1-3 of the German Civil Code does not apply.
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| 2. |
Services
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| 2.1 |
PolyTechnos offers on the PolyTechnos Website specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
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| 2.2 |
PolyTechnos may stop the operation of the PolyTechnos Website in full or in part at any time. Due to the nature of the Internet and computer systems, PolyTechnos cannot accept any liability for the continuous availability of the PolyTechnos Website.
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| 3. |
Registration, Password
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| 3.1 |
Some pages of the PolyTechnos Website may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. PolyTechnos reserves the right to deny registration to any User. PolyTechnos particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. PolyTechnos is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password protected area by blocking its User Data (as defined below), in particular if the User
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uses a false identity for the purpose of misleading others; |
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violates these Terms of Use or neglects its duty of care with regard to User Data; |
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did not use the PolyTechnos Website for a longer period. |
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| 3.2 |
For registration, the User shall give accurate information and, where such information changes over time, shall inform PolyTechnos thereof without undue delay. The User shall ensure that its E-Mail address, as supplied to PolyTechnos, will be current and an address at which the User can be contacted.
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| 3.3 |
Upon registration, the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access, the User shall change the password received from PolyTechnos into a password known only to the User. The User Data allows the User to view or change its data or, as the case may be, to withdraw its consent to data processing.
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| 3.4 |
The User shall ensure that the User Data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall logoff from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data, the User shall inform PolyTechnos thereof without undue delay in writing, or, as the case may be, by E-Mail.
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| 3.5 |
After receipt of the notice under paragraph 3.4, PolyTechnos shall deny access to the password protected area under such User Data. Access will only be possible again upon the User's application to PolyTechnos or upon new registration.
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| 3.6 |
The User may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event, PolyTechnos will delete all User data and other stored personally identifiable data of the User as soon as these data are not needed anymore.
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| 4. |
Rights of Use to Information, Software, and Documentation
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| 4.1 |
The use of any information, software, and documentation provided on the PolyTechnos Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with PolyTechnos. Separately agreed to license terms shall prevail over these Terms of Use.
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| 4.2 |
PolyTechnos grants the User a non-exclusive and non-transferable right to use the information, the software, and documentation made available to the User on the PolyTechnos Website to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by PolyTechnos in making same available.
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| 4.3 |
Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source codes related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case, PolyTechnos shall make the source code available in return for the payment of costs.
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| 4.4 |
Information, software, and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use.
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| 4.5 |
The information, software, and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.
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| 4.6 |
§§ 69a et seq. of the German Copyright Law shall not be affected hereby.
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| 5. |
Intellectual Property
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| 5.1 |
Notwithstanding the particular provisions in § 4 of these conditions, information, brand names, and other contents of the PolyTechnos Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise used in any other way without the prior written permission of PolyTechnos.
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| 5.2 |
Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, such as, but not limited to, company's name or to intellectual property rights such as patents, brands, or utility models.
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| 6. |
Duties of the User
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| 6.1 |
While using the PolyTechnos Website, the User shall not
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harm other persons, in particular minors, or infringe their personal rights; |
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breach public morality in its manner of use; |
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violate any intellectual property right or any other proprietary right; |
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upload any contents containing a virus, so-called Trojan Horse, or any other programme that could damage data; |
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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 illegal; |
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distribute advertising or unsolicited E-Mails (so-called "spam") or incorrect 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 action. |
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| 6.2 |
PolyTechnos may deny access to the PolyTechnos Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.
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| 7. |
Hyperlinks
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The PolyTechnos Website may contain hyperlinks to the Web pages of third parties. PolyTechnos accepts 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 PolyTechnos 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.
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| 8. |
Liability for Defects of Title or Quality
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| 8.1 |
Insofar as any information, software, or documentation is made available at no cost, any liability for defects as to quality or title of the information, software, 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 as well as personal injury or death.
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| 8.2 |
The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g., due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
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| 9. |
Other Liability, Viruses
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| 9.1 |
The liability of PolyTechnos for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these conditions. Any further liability of PolyTechnos is excluded unless required by law, e.g., in cases of willful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract typical, foreseeable damage if there is no willful misconduct or gross negligence.
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| 9.2 |
Although PolyTechnos makes every endeavor to keep the PolyTechnos Website free from viruses, PolyTechnos cannot make any guarantee that it is virus free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The User shall undertake all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the PolyTechnos Website.
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| 9.3 |
§§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
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| 10. |
Export Controls
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| 10.1 |
The export of certain information, software, and documentation may, e.g., due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform to the export regulations for information, software, and documentation, in particular with those of the EU as well as the individual EU member states and the U.S. PolyTechnos shall label information, software, and documentation in relation to German, EU and U.S. export control lists.
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| 10.2 |
The User shall particularly check and verify that
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the information, software, and documentation shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use; |
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no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.; |
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no undertaking or person named in the U.S. Warning List, U.S. Entity List, or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission; |
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the early warning advice notices of the respective German authorities shall be observed. |
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Access to software, documentation, and information on the PolyTechnos Website shall only take place if such conforms to the above tests and guarantees. Where the User does not comply with the above, PolyTechnos shall not be obliged to perform.
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| 10.3 |
Upon request, PolyTechnos shall inform the User of the relevant contact points for further information.
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| 11. |
Data Privacy Protection
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For collection, use, and processing of personally identifiable data of the User of the PolyTechnos Website, the Company shall comply with applicable laws on data privacy protection and the PolyTechnos Website Data Protection Privacy Policy, which is available per hyperlink on the PolyTechnos Website and/or on www.polytechnos.com.
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| 12. |
Supplementary Agreements, Place of Jurisdiction, Applicable Law
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| 12.1 |
Any supplementary agreement requires the written form.
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| 12.2 |
The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
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| 12.3 |
The PolyTechnos Website is operated and administered by companies with a business residence in Germany. PolyTechnos makes no representation that information, software, and/or documentation on the PolyTechnos Website are appropriate or available for viewing or downloading at locations outside of Germany. If Users access PolyTechnos' Website from outside of Germany, they are exclusively responsible for compliance with all local laws. Access to PolyTechnos' Website's information, software, and/or documentation from countries where such content is illegal is prohibited. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
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