Terms of Use

  1. Use of the website of NUMERIK JENA  GmbH (hereinafter referred to as: “NJ”), including the data available for download, is governed exclusively by the following Terms of Use. Only in the case where a consideration-based contractual relationship already exists between the user and NJ (e.g. a supply or service contract) and the specific use of the web pages of NJ (the download or upload of files in particular) represents the provision of a service or the fulfillment of an obligation by NJ or by the user under the terms of that contractual relationship, shall the provisions of that contractual relationship govern such usage.
     
  2. The web pages of NJ are aimed exclusively and explicitly at entities operating within their commercial or freelance professional activity or acting as agents for such entities (companies in particular) and are not aimed at private end users, since NJ only offers products that are not intended for sale to private end users.
     
  3. NJ may grant to the user certain rights relating to certain files on its web pages (files available for download in particular) or impose on the user certain obligations for handling the data concerned. The scope of the rights granted or the user obligations imposed relating to specific files ensues from paragraphs 11 and 12 of these Terms of Use. Insofar as NJ is entitled to terminate the granting of rights (license agreement) for good cause, the user must permanently delete the files as well as all copies and edits immediately. The source code for the software available for download is not provisioned to the user unless this software is Open Source software, the license conditions for which stipulate disclosure of the source code.
     
  4. NJ has checked all files available for download prior to their being provisioned using the latest, standard virus scanners. Nonetheless, this does not fully eliminate the risk of computer viruses or an undetected intrusion into the web pages of NJ or any modifications to the data contained therein. The user is also obliged to run his own virus check on downloaded files prior to their execution or opening.
     
  5. The user must check all downloaded files that he intends to use within his own productive environment prior to such use in a secure and shielded test environment, as NJ is unable to test the functionality of such files under all potential application conditions.
     
  6. NJ’s liability for the slightly negligent infringement of duties that are not key contractual duties, is ruled out in all cases. NJ’s liability for slightly negligent infringements of key contractual duties is limited to typical loss that can be foreseen when the contract is concluded, unless such loss ensues from death, physical injury or ill health. Key contractual duties are those whose fulfillment is required to enable the contract to be properly executed at all and upon which the contracting partner may regularly rely. Furthermore, statutory liability regulations, specifically exemptions of NJ’s liability for the provisioning of data free-of-charge (loan/gift), remains unaffected.
     
  7. Insofar as NJ is linked to web pages of third-party websites, NJ makes no claim of ownership to the content of such linked pages.
     
  8. Insofar as NJ grants the option to enter personal data onto its web pages, such data is used purely for contacting the interested parties and will not be passed onto third parties.
     
  9. German law shall govern to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The sole place of jurisdiction is Jena.
     
  10. Copyright
    Copyright © NUMERIK JENA GmbH. All rights reserved. All text, images, graphics, sound documents, animations and video sequences on this website are governed by copyright and/or other laws on the protection of intellectual property rights. Unless specified otherwise in paragraphs 11 and 12, reproduction, revision or use in other electronic or printed publications is not permitted without the explicit consent of NUMERIK JENA GmbH.
     
  11. Documents in the download area may only be reproduced and passed on to third parties by the user in their original state. However, extracts may be taken from the documents and employed in the user’s own product manuals. Use of these documents is free-of-charge. Safety instructions stated within documents must be observed.
     
  12. The user may pass on software from the download area to third parties. The software must not be revised, edited or re-engineered. Use of the software from the download area is free-of-charge.