• upload malware, viruses, Trojan horses, hoax-viruses or
any other programs that could damage data or the
Service; or
• upload data (including hyperlinks) that may harm or
damage the Service, or data that you are not entitled to, in
particular illegal data or data in breach of confidentiality
obligations.
Updates, interruption and limitation of access to the
Service
Systemair may at any time limit your access to, or use of the
Service in order to limit damage caused Systemair, its
supplier(s) or other users, by your use, or the supply of, the
Service.
Systemair has the right to immediately suspend and/or deny
you use of the Service in order to stop further distribution of
data or information through the Service, if it is likely that such
distribution violates applicable law, or if your use of the
Service subject Systemair or its supplier(s) to liability.
Systemair has the right to update and modify the Service
from time to time, and such updates or modifications may
make it necessary for you to update, download or install
necessary applications. Updates, modifications or
maintenance may interrupt your use of the Service.
Systemair is entitled to further develop and improve the
Service, and for this purpose implement changes.
Modifications and adjustments to the Service and to this
Agreement
Systemair has at any time the right to execute changes to the
Service and to the Agreement in situations such as, but not
limited to, when laws, regulations, engineering standards or
other technical regulations change or are newly enacted.
Data and information
In connection with your use of the Service, data and
information will be collected. That data or information may
consist of, but is not limited to, data and information you
upload or provide directly through use of the Service, as well
as data and information sent, collected or made available
through use of the Service or through use of Systemair or
third party units, devices and/or machines connected or used
through the Service.
You hereby grant Systemair, its supplier(s) or affiliates, not
limited in time, the irrevocable right to compile, use, distribute,
display, store, process, reproduce, transfer to third parties,
create derivative works, including without limitation
comparative data sets, statistical analyses and use in any
other way, the data or information (1) for Systemair’s
purpose of providing the Service and (2) on an anonymized
or pseudonymized basis for the purpose of improving
Systemair’s, its supplier(s) or affiliates products and offerings,
provided such use is not prohibited by mandatory law.
You are responsible for, and warrant, that you have obtained
all rights, permissions and consents necessary to upload any
data or information. You have the sole responsibility for the
accuracy, quality, integrity, legality, reliability and
appropriateness of all the data and information.
You will defend, indemnify and hold blameless Systemair
from and against any losses arising out of or relating to any
third party claim concerning your infringement and/or
omission of your obligations under this article.
Personal data
In order for Systemair to provide the Service and to improve
Systemair’s products and offerings, data and information
may be collected as explained under Data and information
above.
Systemair, its supplier(s) or affiliates will also compile, store,
process and use personal data, such as, but not limited to,
name and address data and other information and data
related to you as a person, in order to provide the Service.
Systemair, its supplier(s) or affiliates may use subcontractors
to process your personal data, and the personal data may be
transferred to countries outside the EU/EES.
Through this agreement you hereby consent to Systemair’s
use of your personal data as explained above.
Indemnification
You will defend, indemnify and hold blameless Systemair, its
supplier(s), affiliates or licensors, and each of their
respective employees, officers, directors, and
representatives from and against any losses arising out of or
relating to any third party claim concerning: (a) your use of
the Service in a manner not authorised by this Agreement;
(b) violation of applicable law by you or your use of the
Service.
Limitation of liability
Systemair, its supplier(s) or affiliates will under no
circumstances be liable for any direct or indirect damages
such as, but not limited to, loss of profits, loss of business,
loss of use or of data, computer failure or malfunction,
interruption of business or for special, incidental, exemplary
or consequential damages of any kind whether under this
Agreement or otherwise, even if Systemair has been advised
of the possibility of such damages.
In no case will Systemair, its supplier(s) or affiliates
cumulative liability for all claims of damages arising out of or
related to this Agreement, and whether the claim for such
damages is based in contract, strict liability, negligence or
tort, or any other legal or equitable theory, other than liability
under mandatory law, exceed fifteen (15) percent of the
payments made by you for the use of the Service in the
twelve (12) months prior to such claim.
The rights and remedies contained in this Agreement are
exclusive and not cumulative.
Any claims in accordance with this provision are subject to a
limitation period of one (1) year after their coming into effect.
Confidentiality
You are required to keep confidential, even after the
termination of the Agreement, any information and data
disclosed between you and Systemair.
Term of Agreement, termination of Agreement
This Agreement becomes effective at the Effective Date. It
shall remain in force for the period of time specified in a
separate written agreement with Systemair, or if no such
agreement has been made, for the time you use the Service.
Systemair is entitled to (in addition to any other rights
Systemair may have) to terminate the Agreement with
immediate effect in the event that there is a breach of any of
the obligations set out in this Agreement.
Systemair is further entitled to terminate the Agreement with
immediate effect in the event that Systemair or its affiliate(s)
or subcontractor(s), for any reason, are prohibited or unable
to provide the Service.
20
To Next Page
Loading...
Need help?
General