SILICONSOFTWARE Imprint, liability, copyright and security

	Imprint
	Liability
	Copyright
	Security and Privacy Statement

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Imprint

Please read the document before you access the SILICONSOFTWARE web site

Liability

Information on Terms of Use

Acceptance of terms.

The services that SILICONSOFTWARE provides to you are subject to the following Terms of Use. SILICONSOFTWARE reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Copyright" hypertext link located in the navigation bar of our Web pages.

Description of services.

Through its network of web properties, SILICONSOFTWARE provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

Personal and non-commercial use limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and protection of personal information.

See the Privacy Statement disclosures relating to the collection and use of your information.

Notice specific to software available on this web site.

Copyright

Any software that is made available to download from the Services ("Software") is the copyrighted work of SILICONSOFTWARE and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, SILICONSOFTWARE GmbH hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions or merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, SILICONSOFTWARE may make available as part of the services or in its software products, tools and utilities for use and/or download. SILICONSOFTWARE does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in SILICONSOFTWARE software products.

Restricted rights legend. Any software which is downloaded from the Services is provided with restricted rights. Use, duplication, or disclosure is subject to restrictions. Manufacturer is SILICONSOFTWARE, Seckenheimer Straße 12, 68165 Mannheim, Germany.

Notice specific to documents available on this web site.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that

(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,

(2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and

(3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the www.silicon-software.de or www.silicon-software.com Web site or any other SILICONSOFTWARE owned, operated, licensed or controlled site. Elements of SILICONSOFTWARE Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SILICONSOFTWARE Web site may be copied or retransmitted unless expressly permitted by SILICONSOFTWARE.

SILICONSOFTWARE and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. SILICONSOFTWARE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall SILICONSOFTWARE and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. SILICONSOFTWARE and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Notices regarding software, documents and services available on this web site.

In no event shall SILICONSOFTWARE and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Member account, password and security.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SILICONSOFTWARE immediately of any unauthorized use of your account or any other breach of security. SILICONSOFTWARE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SILICONSOFTWARE or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No unlawful or prohibited use.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SILICONSOFTWARE server, or the network(s) connected to any SILICONSOFTWARE server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SILICONSOFTWARE server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of services.

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

SILICONSOFTWARE has no obligation to monitor the Communication Services. However, SILICONSOFTWARE reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SILICONSOFTWARE reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

SILICONSOFTWARE reserves the right at all times to disclose any information as SILICONSOFTWARE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SILICONSOFTWARE's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. SILICONSOFTWARE does not control or endorse the content, messages or information found in any Communication Services and, therefore, SILICONSOFTWARE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized SILICONSOFTWARE spokespersons, and their views do not necessarily reflect those of SILICONSOFTWARE.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials provided to SILICONSOFTWARE or posted at any SILICONSOFTWARE web site.

SILICONSOFTWARE does not claim ownership of the materials you provide to SILICONSOFTWARE (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting SILICONSOFTWARE, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all SILICONSOFTWARE Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. SILICONSOFTWARE is under no obligation to post or use any Submission you may provide and SILICONSOFTWARE may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that

(a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services,

(b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and

(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By Posting Images, you are granting

(a) to all members of your private community (for each such Images available to members of such private community), and/or

(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Links to third party sites.

The links in this area will let you leave site of SILICONSOFTWARE. The linked sites are not under the control of SILICONSOFTWARE and SILICONSOFTWARE is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SILICONSOFTWARE is not responsible for webcasting or any other form of transmission received from any linked site. SILICONSOFTWARE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SILICONSOFTWARE of the site.

Unsolicited idea submission policy.

SILICONSOFTWARE or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of SILICONSOFTWARE might seem similar to ideas submitted to SILICONSOFTWARE. So, please do not send your unsolicited ideas to SILICONSOFTWARE or anyone at SILICONSOFTWARE. If, despite our request that you not send us your ideas and materials, you still send them, please understand that SILICONSOFTWARE makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Information to the data security of www.silicon-software.com and www.silicon-software.de

At SILICONSOFTWARE, we are committed to protecting your privacy and to developing technology that gives you the most powerful and secure online experience. You can travel through most of our site without giving us any information about yourself. But sometimes we do need information to provide services that you request, and this statement of privacy explains data collection and use in those situations. This privacy statement explains data collection and use practices of silicon-software.de or silicon-software.com; it does not apply to other online or offline SILICONSOFTWARE sites, products or services. Please read the complete silicon-software.de or silicon-software.com privacy statement.

Collecting your Personal Information

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you are registering before entering a contest, ordering e-mail newsletters, joining a limited-access premium site, signing up for an event, or when purchasing and registering SILICONSOFTWARE products. Personal information collected by silicon-software.de or silicon-software.com often is limited to e-mail address, language, country or location, but may include other information when needed to provide a service you requested.

For example: If you choose a service or transaction that requires payment, such as making a purchase in the Shop area of the Web site, we will request personal information necessary for billing and/or shipping, such as: name, address, telephone number, and credit card number.

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we keep this registration information on file with any information you've already given us on previous visits to our Web site. This is considered your personal profile.

Use of your Personal Information

We use your personal information for the following purposes:

• To make the site easier for you to use by not making you enter your personal information more than once.

• To deliver services that you request or purchase.

• To help you quickly find software, services or information on silicon-software.de or silicon-software.com.

• To help us create and publish content most relevant to you.

• To alert you to product upgrades, special offers, updated information and other new services from SILICONSOFTWARE.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

SILICONSOFTWARE may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to:

(a) conform to the edicts of the law or comply with legal process served on SILICONSOFTWARE or the site;

(b) protect and defend the rights or property of SILICONSOFTWARE and its family of Web sites, or

(c) act in urgent circumstances to protect the personal safety of users of SILICONSOFTWARE, its Web sites, or the public.

Your information may be stored and processed in the European Union or any other country in which SILICONSOFTWARE or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. SILICONSOFTWARE abides by the safe harbor framework as set forth by the E.U. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Control of your Personal Information

When you register, or otherwise give us personal information, silicon-software.de or silicon-software.com will not share that information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above.

Registering also allows you to tell us how or whether you want silicon-software.de or silicon-software.com to communicate with you. After registering, go to the Profile Center and establish your preferences in the Contact Options sections. There, you can decide what information you want to receive and how you want to receive it. Or you can tell us not to contact you.

silicon-software.de or silicon-software.com occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you could send us an email to “unsubscribe” the sending of information.

silicon-software.de or silicon-software.com may send out periodic e-mails informing you of technical service issues related to a product or service you requested. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service you have chosen.

Access to your Personal Information

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Profile Center. You can:

• View and edit personal information you have already given us at silicon-software.de or silicon-software.com.

• Tell us whether you want silicon-software.de or silicon-software.com to send you marketing information.

• Choose whether you want third parties to send you their offers by postal mail.

• Subscribe, or cancel subscriptions, to newsletters about our services and products.

Security of your Personal Information

silicon-software.de or silicon-software.com strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your Passport and password, so do not share these with others.

Use of Cookies

To ensure we are publishing content customers need and want, silicon-software.de or silicon-software.com collects site-visitation statistics using cookies. We only use this information in aggregated form and only use site-visitation statistics for improving our site.

When someone visits the site, a cookie is placed on the customer’s machine (if the customer accepts cookies) or is read if the customer has visited the site previously.

Web beacons, also known as clear gif technology, or action tags, assist in delivering the cookie. This technology tells us how many visitors clicked on key elements (such as links or graphics) on a silicon-software.de or silicon-software.com Web page. We do not use this technology to access your personally identifiable information on silicon-software.de or silicon-software.com; it is a tool we use to compile aggregated statistics about silicon-software.de or silicon-software.com Web site usage. We may share aggregated site statistics with partner companies but do not allow other companies to place clear gifs on our sites.

If you choose to not have your browser accept cookies from the silicon-software.de or silicon-software.com Web site, you will be able to view the text on the screens, however you will not experience a personalized visit nor will you be able to subscribe to the service offerings on the site.

Changes to this Statement

silicon-software.de or silicon-software.com will occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. For material changes to this Statement, silicon-software.de or silicon-software.com will notify you by placing prominent notice on the Web site.

This document was updated on 08/01/2002.

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