1. Applicability
1.1 These General Terms of Use (hereinafter "GTU") apply to the use of the services provided by DEHN SE, Hans-Dehn-Straße 1, 92318 Neumarkt (hereinafter "DEHN") on the part of DEHN's website which is not freely accessible under the name DEHN-Web-Account and all Webapplications provided by DEHN under the DEHN-Web-Account including all functions accessible via the DEHN-Web-Account and the Webapplications (hereinafter all of these together referred to as the "Services").
1.2 The respective Special Terms of Use (hereinafter "STU") apply in addition to these GTU to use of the individual Webapplications. These STU must be agreed to separately before using one of the Webapplications. If use of a Webapplication requires software to be downloaded, the Special Licence Conditions (hereinafter "SLC") must also be agreed to before using the software.
1.3 In the case of discrepancies between these GTU, the respective STU and/or the respective SLC, the following order of priority applies:
1. Special Licence Conditions ("SLC"),
2. Special Terms of Use ("STU"),
3. General Terms of Use ("GTU").
1.4 Only entrepreneurs within the meaning of section 14 German Civil Code (Bürgerliches Gesetzbuch – BGB), i.e. natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession (hereinafter "Customer"), are entitled to register for the Services. Consumers are excluded from registration and use.
1.5 Terms and conditions of the Customer which deviate from these GTU or supplementary terms and conditions of the Customer only apply if DEHN has agreed to these in writing.
1.6 These GTU replace all earlier terms of use.
1.7 DEHN reserves the right to amend these GTU with effect for the future at any time without giving reasons. DEHN will inform its Customers of amendments in a suitable form (e.g. by email sent to the email address provided by the Customer). Each Customer has the right to terminate the user agreement for DEHN-Web-Account within 4 (four) weeks of receipt of the amendment notification from DEHN. If the Customer does not terminate the user agreement within this period, the amended version of the GTU will be deemed to have been accepted. DEHN will point out the significance of the 4-week period to the Customer separately in the amendment notification.
2. Conclusion of agreements and registration of a DEHN-Web-Account
2.1 Use of the Services requires a user account (hereinafter "DEHN-Web-Account") and the Customer's agreement to these GTU.
2.2 A DEHN-Web-Account is a prerequisite for registering for and using Webapplications. Only after registration and logging into a DEHN-Web-Account for the first time can the Customer conclude user agreements for Webapplications and open user accounts for Webapplications (hereinafter "Webapplications-Accounts").
2.3 Registration for a DEHN-Web-Account takes place via the registration form provided by DEHN.
2.4 The person who sets up a DEHN-Web-Account (hereinafter "Registered Person“) or a Webapplications-Account (hereinafter "Webapplications-Administrator“) for the Customer must be an employee of the Customer and have sufficient authorisation to conclude such agreements on behalf of the Customer.
2.5 Once the Registered Person has filled in all of the mandatory fields and has agreed to these GTU on behalf of the Customer, the Registered Person can send the registration request to DEHN. By sending the registration request, the Registered Person submits a binding offer to conclude the user agreement for the DEHN-Web-Account on behalf of the Customer. DEHN subsequently reviews the registration request. If the offer is accepted DEHN sends confirmation in electronic form to the email address provided on the registration form. This confirmation email constitutes acceptance of the offer to conclude the user agreement for the DEHN-Web-Account.
2.6 The confirmation of registration contains a hyperlink. The Registered Person can log in for the first time using this hyperlink. Logging in for the first time entails entering the email address provided on the registration form and the password chosen by the Registered Person on the registration form.
2.7 The confirmation of registration in clause 2.5 neither gives rise to a user agreement for the individual Webapplications, nor is there a right to use Webapplications on the basis of this user agreement. Use of the individual Webapplications requires a separate user agreement to be concluded in each case and, in addition to these GTU, is subject to the respective STU and SLC which also apply.
2.8 The Webapplications-Administrator can grant employees of the Customer authorisation to use Webapplications (hereinafter "Authorised Users"). For this the Webapplications-Administrator can open sub-accounts for a Webapplication on the basis of the respective applicable STU (hereinafter "Webapplications-Useraccounts"). The Webapplications-Administrator can grant Authorised Users different rights in accordance with the respective applicable STU.
2.9 The Webapplications-Administrator can invite additional persons to use Webapplications on a temporary basis (hereinafter "Guests"). For this the Webapplications-Administrator can open guest accounts for a Webapplication on the basis of the respective applicable STU (hereinafter "Webapplications-Guestaccounts"). The Webapplications-Administrator can grant Guests different rights in accordance with the respective applicable STU.
2.10 For the avoidance of doubt, a user agreement is not concluded between DEHN on the one hand and Registered Persons, Webapplications-Administrators, Authorised Users or Guests on the other. The user agreement is concluded exclusively with the Customer.
3. Use of the Services
3.1 The requirement for use of the Services is an internet-capable end device installed with an operating system and a web browser, both of which must be marketable and up-to-date. Moreover, use of the Services requires an internet connection with a sufficient data transfer rate.
3.2 The Customer is responsible for ensuring that the technical prerequisites in its area of responsibility are met and maintained for access to and use of the Services.
3.3 The Customer must ensure that the data provided by its Registered Persons, Webapplications-Administrators and Authorised Users are always up-to-date and will update it as necessary. Personal access data (such as passwords) may not be passed on to third parties and must be stored in a manner which prevents the data being accessed by third parties. Passwords should be changed at regular intervals for security reasons. If there are reasons to believe that unauthorised persons have gained access to or knowledge of the access data, the Customer must inform DEHN of this by email without undue delay and change its access data without undue delay.
3.4 The Customer is responsible for accounts of its Registered Persons, Webapplications-Administrators and Authorised Users who leave the Customer's company or whose access authorisation for the DEHN-Web-Account or for individual Webapplications is to end being deactivated without undue delay. The same applies to the accounts of Guests whose access authorisation for individual Webapplications is to end. If deactivation is not possible for technical or other reasons, the Customer must inform DEHN without undue delay.
3.5 The Customer must not misuse the Services. Misuse of the Services will especially be where the Customer (i) provides information which, to the best of its knowledge, is incorrect, or (ii) takes measures which are aimed at circumventing technical protection measures, or (iii) goes beyond the agreed scope of use.
3.6 The Customer undertakes not to carry out electronic attacks on the Services. Electronic attacks especially include attempts to overcome, circumvent or otherwise disable DEHN's security mechanisms, the use of computer programs to automatically read data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures which could damage DEHN.
3.7 The Customer undertakes not to upload any illegal, infringing, insulting, defamatory, discriminatory, inhuman, racist, anti-constitutional, sexist, violence-glorifying or pornographic content.
3.8 If the Customer gains knowledge of content which is in breach of clause 3.7 of these GTU, it will remove this content immediately if the content originated from its Registered Persons, its Webapplications-Accounts, Webapplications-Useraccounts and Webapplications-Guestaccounts of the Customer which were used to breach these GTU, the STU and/or the SLC of the Webapplications.
3.9 DEHN is entitled to remove infringing content, especially content which is in breach of clause 3.7 of these GTU, and to restrict access to certain functions or to block the DEHN-Web-Accounts, Webapplications-Accounts, Webapplications-Useraccounts and Webapplications-Guestaccounts of the Customer which were used to breach these GTU, the STU and/or the SLC of the Webapplications.
3.10 The Customer will ensure that its Registered Persons, its Webapplications-Administrators, its Authorised Users and/or its Guests take note of and comply with the provisions of these GTU and the respective applicable STU and SLC.
3.11 The Customer must accept responsibility for breaches by its Registered Persons, its Webapplications-Administrators, its Authorised Users and its Guests of the provisions of these GTU and the respective applicable STU and SLC as well as other unlawful acts by its Registered Persons, its Webapplications-Administrators, its Authorised Users and its Guests as its own unlawful acts and will indemnify DEHN against all damages and reasonable expenses resulting therefrom.
3.12 The Customer is itself directly liable for infringements of rights of third parties to these third parties for which it, its Registered Persons, its Webapplications-Administrators, its Authorised Users and its Guests are responsible. In the case of justified claims by third parties based on such infringements, the Customer is obliged to indemnify DEHN in full unless it can prove that it was not responsible for the infringement which caused the damage. DEHN reserves the right to bring claims against the Customer, its Registered Persons, its Webapplications-Administrators, its Authorised Users and its Guests. The Customer will indemnify DEHN from all claims which its Registered Persons, its Webapplications-Administrators, its Authorised Users and its Guests bring against DEHN on grounds of use of the Services.
4. Services provided by DEHN
4.1 The content, scope and quality of the Services is set out exclusively in the Specification of Services available at https://www.dehn.de/de/leistungsbeschreibung-services.
4.2 The Services are provided by DEHN exclusively as web-based Services for which the use of a web browser is necessary, unless the STU provide otherwise for the individual Webapplications.
4.3 The documents and data available to download from the DEHN-Web-Account, such as 3D product data (hereinafter "Document Downloads"), is only intended to provide general indications and are exclusively intended as assistance or support for the Customer's business operation. They do not replace a professional assessment and advice in the individual case which must be carried out by the Customer itself.
4.4 DEHN will update the Document Downloads at varying intervals. The Customer must only use the current version of the Document Downloads in each case and check, before using the Document Downloads it has downloaded, whether DEHN has updated them in the meantime.
4.5 DEHN is not responsible for the Document Downloads being complete and correct.
4.6 DEHN is not responsible for the content of the Document Downloads complying with the current standards of technology.
4.7 DEHN reserves the right to adjust the Services to the market conditions on an ongoing basis. DEHN will inform its Customers of amendments which reduce the functionality of the Services in a decisive manner in a suitable form (e.g. by email sent to the email address provided by the Customer). Each Customer has the right to terminate the user agreement affected by the amendments within 4 (four) weeks of receipt of the amendment notification from DEHN. If the Customer does not terminate the user agreement within this period, the amended scope of services will be deemed agreed. DEHN will point out the significance of the 4-week period to the Customer separately in the amendment notification.
4.8 In the event of termination by the Customer in accordance with clause 4.7 DEHN will reimburse the Customer the fees already paid for the remaining term during which the Customer can no longer use the Services as a result of the termination.
4.9 DEHN reserves the right to cease providing the infrastructure on which the Services are based and the Services themselves. DEHN will inform the Customer 6 (six) months at the latest prior to this by email.
4.10 There is only a right to use the Services within the framework of the current and proven standards of technology. DEHN reserves the right to restrict access to the Services temporarily if this is necessary due to capacity limits or the security or integrity of the servers or to carry out technical measures serving the purpose of providing the Services properly or with improvements (e.g. for maintenance work). DEHN will inform the Customer of temporary restrictions in accordance with sentence 1 in a suitable manner (e.g. by email to an email address provided by the Customer or when logging into the DEHN-Web-Account).
4.11 DEHN reserves the right to use subcontractors to provide the Services.
5. Rights of use
5.1 The Services are protected by copyright.
5.2 Unless otherwise agreed in these GTU and the respective STU and SLC, the Customer is permitted to use the Services exclusively for its own internal business purposes. Use by companies affiliated with the Customer within the meaning of sections 15 et seq. German Stock Corporation Act (Aktiengesetz – AktG) is not permitted. Without DEHN's prior express consent or subject to provisions to the contrary in the GTU or the respective applicable STU and SLC, the Customer is prohibited from having the Services used by persons other than its employees in their roles as Registered Persons, Webapplications-Administrators or Authorised Users, using them for, offering them to or making them accessible to third parties, publishing or disseminating them.
5.3 A DEHN-Web-Account may only be used by the Registered Person, a Webapplications-Account may only be used by the Webapplications-Administrator, a Webapplications-Useraccount may only be used by the Authorised User and a Webapplications-Guestaccount may only be used by the Guest. DEHN-Web-Accounts, Webapplications-Accounts, Webapplications-Useraccounts or Webapplications-Guestaccounts must not be used by more than one person.
5.4 Beyond using the Services for their intended purpose, the Customer is not entitled to decompile, assemble, emulate or reproduce them.
5.5 With the confirmation of the registration in accordance with clause 2.5 DEHN grants the Customer for the term of the user agreement a non-exclusive, non-transferable right, limited in time, which cannot be sublicensed, to use the DEHN Web Account in accordance with the provisions of these GTU.
5.6 Further-reaching rights of use, especially rights to use Webapplications, are not granted by way of the confirmation of registration in accordance with clause 2.5.
5.7 The Document Downloads are protected by copyright. By way of the confirmation of registration in accordance with clause 2.5 DEHN grants the Customer a non-exclusive, non-transferable right, limited in time (until publication of a more up-to-date version) to use the Document Downloads in an unmodified form for internal business purposes. In the framework of a specific planning project the Customer is also permitted to pass on Document Downloads to its customers in an unmodified form; sublicensing in a manner which goes beyond this is not permitted. Trademarks, company logos, other marks or protective marks, copyright marks, serial numbers and other features serving to identify the Document Downloads may neither be removed nor changed.
6. Fees
6.1 DEHN will provide the Customer with use of the DEHN-Web-Account free of charge in accordance with the provisions of these GTU.
6.2 Deviating fee provisions can apply for the use of Webapplications.
7. Liability
7.1 DEHN will be liable without limitation in cases of injury to persons, for fraudulent intent and for all damages caused with intent or gross negligence by DEHN's statutory representatives or vicarious agents.
7.2 In all other respects DEHN is only liable in principle for breaches of material contractual obligations if DEHN is responsible for the breach. Material contractual obligations are contractual obligations which are essential to proper performance of the agreement and on the fulfilment of which the other party is generally entitled to rely and breach of which puts fulfilment of the purpose of the agreement at risk. Liability for breaches of such material contractual obligations is limited in terms of amount to the typical loss foreseeable at the time the agreement is concluded.
7.3 The upper limit for foreseeable typical losses is a sum of EUR 5,000.00 per damage event.
7.4 In all other respects DEHN's liability for damage caused negligently is excluded. This also applies for the benefit of DEHN's statutory representatives and vicarious agents.
7.5 The aforementioned limitations of liability do not apply to cases where DEHN expressly assumes an express guarantee or to cases of liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).
7.6 Strict liability for compensation for defects which existed at the time when the agreement was concluded is excluded.
7.7 Compensation claims against DEHN and its statutory representatives and vicarious agents lapse as a matter of principle one year after they arise. Excluded from this are the cases mentioned in clause 7.1 and liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).
8. Term and termination
8.1 The user agreement for the DEHN-Web-Account runs for an unlimited term.
8.2 The Customer can terminate the user agreement for the DEHN-Web-Account ordinarily at any time without observing a notice period in accordance with the following clauses 8.3 and 8.4.
8.3 If the Customer has subscribed for one or more Webapplication(s) under a DEHN-Web-Account, termination of the user agreement for the DEHN-Web-Account automatically leads to simultaneous termination of all user agreements for the Webapplications subscribed for under this DEHN-Web-Account.
8.4 If the Customer has subscribed for one or more Webapplication(s) with a specific term under a DEHN-Web-Account, termination of the user agreements for this/these Webapplication(s) will only take effect, deviating from clause 8.3, on expiry of the respective term. Termination of the user agreement for the DEHN-Web-Account will simultaneously only take effect when the last user agreement for this/these Webapplication(s) comes to an end. The DEHN-Web-Account will remain active until the last user account for this/these Webapplication(s) comes to an end. The Webapplications-Accounts, Webapplications-Useraccounts and Webapplications-Guestaccounts for the Webapplications, the terms of which have not yet expired, will remain active until expiry of the respective term. During the period between access and when the termination takes effect, the Customer will be unable to subscribe for any further Webapplications under the DEHN-Web-Account concerned.
8.5 The Customer and DEHN have the right to terminate the user agreement for the DEHN-Web-Account and the user agreements for the individual Webapplications without notice for good cause. Good cause for DEHN will especially be where the Customer breaches a prohibition set out in clauses 3.5, 3.6 and 3.7 of these GTU or culpably and significantly oversteps the rights of use granted to it.
8.6 There will also be deemed to be good cause for DEHN within the meaning of clause 8.5 if the Customer, the Registered Person or one of the Customer's employees is added to an official sanctions list or if provision of the Services by DEHN is opposed by a country embargo or other sanction.
8.7 There will also be deemed to be good cause for DEHN within the meaning of clause 8.5 if DEHN is not permitted to enter into a contractual relationship with the Customer on grounds of internal compliance guidelines. This is the case, for example, if the Customer's registered office is in a country in which the Corruption Perceptions Index of Transparency International falls below the minimum standard permitted under the internal compliance guidelines (lower than rank 91 on the list).
8.8 Termination by the Customer must be declared using the settings in the Services provided for this purpose.
8.9 When termination takes effect the DEHN-Web-Account of the Customer will be deactivated and all data of this account will be deleted.
8.10 In the case of significant breaches of the above duties of the Customer and in the case of legitimate suspicion of such significant breaches, DEHN is entitled to block the Services for the Customer and its Registered Persons, Webapplications-Administrators, Authorised Users and Guests. DEHN will inform the Customer by email of the reason why its access has been blocked. Access will remain blocked until the breach of duty has been remedied and/or the Customer has credibly shown that it will refrain from future breaches. DEHN's right of extraordinary termination remains unaffected by the possibility of blocking access.
9. Data protection
9.1 When using the Services DEHN collects and processes personal data of the Registered Persons, Webapplications-Administrators and Authorised Users acting as or on behalf of the Customer. The data processing takes place on the basis of the Data Privacy Statement for the DEHN-Web-Account and DEHN's Webapplications.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, excluding conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with use of the Services is Nuremberg, Germany. DEHN is also entitled to file a claim at the place of the Customer's registered office. Mandatory statutory provisions, especially concerning exclusive places of jurisdiction remain unaffected.
10.2 If individual provisions of the GTU, STU and SLC should be or become invalid, this will not affect the validity of the other provisions. The invalid provision must be replaced by a provision which most closely reflects the sense and purpose of the invalid provision.
10.3 Amendments and additions to these GTU, the STU and the SLC must be in written form in order to be valid. This also applies to any amendments to this written form clause. There are no oral or written collateral agreements.
version of 20th November 2020