Effective from Tuesday, 01 May 2018
1.1 These General Terms and Conditions of Use hereinafter referred to as the “GTCU”) regulate any and all present and future use of the platform www.fastgenomics.org between Comma Soft AG and the user (hereinafter referred to as the “User”).
1.2. If there are any continuous obligations that need to be met, Comma Soft AG shall reserve the right to amend these GTCU at any time, provided there are compelling grounds that make this necessary – in particular, a change in the legal situation or rulings from the highest judicial authority, technical changes or advancements, new organisational requirements relating to mass transportation, loopholes in the GTCU, changes in market conditions or other grounds of equivalent magnitude – and provided that such amendments do not unfairly disadvantage the Customer.
2.1 The subject matter of the GTCU is the conclusion of contracts at no charge concerning the use of online services and data deliveries provided by Comma Soft AG, where these can be retrieved by means of interfaces provided by Comma Soft AG for the purpose of using database works, databases, programs and other content therein (hereinafter referred to collectively as “Services”).
2.2 The contents of the Comma Soft AG Internet site “fastgenomics.org” and of other publications presented on the web site “www.fastgenomics.org” that Comma Soft AG has produced for presentation or advertising purposes represent a binding offer for free of charge using. The User has to declare that he wishes to gain access to the Services.
To do this, the user must register and log on to the website “www.fastgenomics.org”. By registering, he accepts the offer of Comma Soft AG and receives a usage right under the following conditions.
3.1 The Services and data deliveries by Comma Soft AG represent an information service that comprises a range of separate database works and databases (hereinafter referred to as “Databases”) and provides the ability to search via interfaces or data deliveries provided by Comma Soft AG, including access to the Database contents.
3.2 Only the registered User shall be authorised for use.
Comma Soft AG shall provide the User with a means of access, usually in the form of personal access details consisting of a user name and password; these details shall enable each search to be assigned to the User concerned. It shall not be possible for multiple persons authorised for use to gain access using the same personal access details simultaneously. The User shall be responsible for keeping the personal access details confidential and must prevent them being misused. The User shall assure Comma Soft AG that he shall keep his personal access details confidential and prevent them being misused. Passing on access details to employees of the User or to third parties who are not persons authorised for use shall be considered misuse. If the User becomes aware of misuse of access details, it must notify Comma Soft AG of this without delay. Comma Soft AG shall be entitled to block the access details immediately in the event that misuse has occurred.
3.3 The online services may be accessed and searched via the Internet. The User shall provide and cover the costs of the Internet connection for using the online services and for data deliveries via interfaces, plus any necessary software purchases and installations.
3.4 Comma Soft AG shall reserve the right to make technical changes, especially those relating to the search platform or data deliveries, and amendments to the hardware and software required to use the online services, in order to adapt in line with the state of the art or optimise online services. Comma Soft AG shall notify the User of said amendments in good time. In the case of any further development or amendment in the technical components by Comma Soft AG or a third party (e.g. affecting the operating system software or browser software), the User shall be responsible for ensuring that the necessary adjustments are made to the software and hardware deployed at its premises.
4. The duration of the use is not limited, but can be terminated by both parties at any time without prior notice. The user has only to unsubscribe. Comma Soft AG may terminate the service at any time.
5.1 When using online services, the User shall acquire the simple, non-exclusive right to use the contents of the online services in question; said right shall be nonsublicensable, may not be transferred to third parties and shall be limited to the term of this terms and conditions. Said right of use shall permit access to the relevant online services and the ability to search them, as well as downloading, printing out individual search results, and transferring individual search results or parts thereof to the User’s documents. This right of use does not entail any acquisition of other rights to the contents. All copyrights and other rights to the contents and additional documentation shall be reserved.
5.2 Use beyond this scope shall be excluded and shall require separate prior written consent from Comma Soft AG. Any use beyond the scope shall be excluded and shall require separate prior written consent from Comma Soft AG unless mandatory legal provisions permit use of this kind. In particular, this relates to the User or any other person authorised for use automatically retrieving contents, systematically producing collections of search results or data deliveries, and systematically processing search results, especially where this concerns duplicating parts of Databases that are material with respect to their nature or scope, removing references to copyright, copying saved search results to other data carriers or networks (with the exception of backup copies), updating search results for use in a local retrieval system, creating and using duplications that are not exclusively intended for the contractual partner’s own (professional) use, duplicating documentation – including parts thereof – and any form of commercial use that extends, particularly the resale of search results. Comma Soft AG shall be entitled to deploy technical measures that prevent impermissible use. The User may not use any means of surmounting or bypassing said measures.
5.3 We expressly point out that the data records used are from third parties who have given their consent to use on this website.
5.4 The placing of hyperlinks on our Internet pages, in particular of deep links, inline links or links in frame technology, is only permitted with our prior written consent.
5.5 Comma Soft AG shall expressly reserve the right to termination without notice with immediate effect in the event of unauthorised use.
5.6 In the event that the User or a person authorised for use violates the aforementioned provisions of use, Comma Soft AG shall be entitled to block the User’s access to the Services.
6.1 Comma Soft AG shall exercise the usual care of the kind that meets the requirements of a data collector in order to ensure that the Service’s contents are up to date and maintained; Comma Soft AG shall be reliant on the supply of data from third parties in order to do this. Comma Soft AG makes no guarantee that the contents provided with the Services and what has been selected in this respect are accurate, up to date and complete, especially in the case of collections relating to the field of law, assuming that said contents and selections are based on data supplied by third parties. The Customer shall be obligated to subject the contents to a plausibility check in line with their intended purpose.
6.2 The Service may be incorrect or unstable or unavailable at any time, no guarantee will be given.
6.3 The scientific statements are not reliable, papers and products based on FAST Genomics will be generates everyone at their own risk.
7. As the services offered by Comma Soft AG, which are offered via the platform “www.fastgenomics.org”, are free of charge, the liability of Comma Soft AG is limited to the following:
Comma Soft AG shall only be liable for damages other than those resulting from injury to life, body or health, insofar as these are based on intentional or gross negligence by Comma Soft AG or vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act and other mandatory legal provisions shall remain unaffected.
Comma Soft AG is liable for the actions of the partner companies only insofar as these fulfillment aids are provided and does not assume the guarantee for the availability or disruption-free of the services offered under links. In this case, Comma Soft AG also assumes no responsibility or liability for the fact that the services offered by the partner companies comply with the legal requirements.
8.1 These terms and conditions shall be governed exclusively by German law.
8.2 Should any of these conditions be or become invalid or not be performed between us and the customer, this shall not affect the validity of the remaining clauses. The same shall apply in case of a regulatory gap. The parties shall replace any invalid arrangement or fill the regulatory gap by an effective one which conforms as far as possible to the economic purpose of the invalid clause.