General Terms of Use for the Customer Portal of DIgSILENT GmbH

The following Terms of Use apply in the relationship between you and DIgSILENT GmbH (hereinafter referred to as 'DIgSILENT') for use of the customer portal of DIgSILENT GmbH (hereinafter referred to as 'Customer Portal'):

§1 Service description, general access authorisation

1. The Customer Portal offers you, amongst other things, the possibility to address support requests to DIgSILENT in a secured virtual space, to view a history of old support requests, to use a search engine for DIgSILENT products and to download installation files, manuals and other documents in a download area.
2. Only companies within the meaning of § 14 of the Civil Code (Bürgerliches Gesetzbuch – BGB), legal entities under public law or special funds under public law who are existing customers of DIgSILENT are authorised to use the Customer Portal.
3. The Customer Portal is only available in English. You can direct your support requests to DIgSILENT in German, English and Spanish.
4. A contract for the use of the Customer Portal between you and DIgSILENT comes into effect through your registration.

$2 User account, registration, access rights

1. In order to use the functions of the Customer Portal, you must log in onto the website https://www.digsilent.de (hereinafter referred to as 'Website') with your user ID and password.
2. You receive the user ID and the password by registering for a user account. You can reach the website for registering via the link 'User Registration'. You must first enter your personal information on the registration website. The mandatory fields are marked with an asterisk (*). By clicking on the 'Register' button, you shall have finished the registration process and sent your registration request to DIgSILENT. However, the registration process can only be completed once you have accepted these Terms of Use by clicking on the corresponding checkbox.
3. DIgSILENT shall check your registration request to ascertain whether, in particular, you meet the requirements of § 1 para. (2). In case of doubt, DIgSILENT is entitled to request further proof (e.g. presentation of the trading license).
4. In the event of successful registration, you shall receive a confirmation email with your user ID and your password from DIgSILENT, which allows you to log into the Customer Portal in the future, generally within one working day.
5. The data entered for the registration must be true. In the event that these details change, you are obliged to inform DIgSILENT of the change without delay via the contact form provided on the website or by email to mail@digsilent.de. If you provide inaccurate information for the registration or neglect to make the subsequent corrections, DIgSILENT is entitled to exclude you from further use.
6. If you no longer wish to use the Customer Portal, you can delete your user account by contacting DIgSILENT via the contact form provided on the website or by email (mail@digsilent.de), and arrange for the deletion.

$3 Obligation to cooperate, prohibition of abuse, blocking a user account

1. The use of the Customer Portal with the full scope of functionality requires a functioning and continuous Internet connection as well as sufficient bandwidth and the availability of a web browser. You are responsible for providing and maintaining the functionality of the Internet connection and the web browser.
2. Personal access data (such as user ID/password) may not be disclosed to unauthorised third parties and is to be kept protected against access by unauthorised third parties. If there is reason to suspect that unauthorised persons have obtained information on the access data, you must contact DIgSILENT immediately and notify the latter about the unauthorised acquisition of information. In addition, you are required to log out after visiting the Customer Portal in a proper way, i.e. by clicking on the 'Logout' button. You are liable for any misuse which results from the unauthorised use of the password.
3. In case of breach of these Terms of Use or the misuse of the user account, DIgSILENT has the right to exclude you at any time from the further use of the Customer Portal. In such a case, DIgSILENT is entitled to block and/or delete your user account temporarily or permanently.

§4 Warranty and liability

1. DIgSILENT is only liable for damages, irrespective of the legal reasons,
   1. insofar as DIgSILENT, its legal representatives or vicarious agents are guilty of wilful intent or gross negligence,
   2. in the case of culpable damage to life, body and health,
   3. in the case of defects that DIgSILENT has fraudulently concealed,
   4. in the case of culpable breach of essential contractual obligations,
   5. insofar as, according to product liability law for personal injury or property damages, liability is attached to privately used objects.

   DIgSILENT is not liable for further claims for damages.

2. An essential contractual obligation is an obligation wherein its fulfilment allows for the proper execution of the contract in the first place, and which the contractual partner relies on or may rely on regularly with regard to its compliance.
3. However, DIgSILENT is only partially liable for the contractually-typical, reasonably foreseeable damages in the case of slightly negligent breach of essential contractual obligations (excluding wilful intent and gross negligence).
4. The contractually-typical, foreseeable damages shall be estimated in the amount of the contractual value of the service concerned.

§5 Data protection

DIgSILENT shall respect and protect your personal data. Your data shall be used by DIgSILENT solely in accordance with legal provisions. You can find further information in the declaration on data protection.

§6 Changes in the Terms of Use

1. DIgSILENT reserves the right to change the Terms of Use in a way that is reasonable for you and only with effect for the future, provided that this is necessary in order to adapt to amended legal or technical framework conditions, or to expand upon or supplement the scope of services.
2. You shall be expressly advised by DIgSILENT regarding any changes in the Terms of Use. You are entitled to object to the incorporation of the amended Terms of Use within four weeks of receipt of the notification. If you do not object to the incorporation of the amended Terms of Use in a timely manner, the amended Terms of Use shall be considered as included in the contractual relationship, provided that DIgSILENT has advised you at the beginning of the period on the intended meaning of your behaviour. In the case that you object to the inclusion of the amended Terms of Use in a timely manner, DIgSILENT reserves the right to terminate the contractual relationship without notice and to delete your customer account by prior notification via email.

§7 Miscellaneous

1. The law of the Federal Republic of Germany exclusively applies to all disputes arising from these Terms of Use. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) as well as of international private law is excluded.
2. The exclusive place of jurisdiction for all claims shall be at the registered office of DIgSILENT, provided that you are a trader, a legal entity under public law or a special fund under public law.
3. Should one provision of these Terms of Use be or become void, other provisions shall remain in force. Statutory provisions shall apply instead of the invalid provisions.

As of: 07.05.2018