II. Scope of Services
III. Registration and Account
IV. Obligations of the User
VI. Indemnity / Liability and Responsibility of the User
VII. Liability and Warranty
VIII. Payments to Stefan Trost Media
IX. Payments to the User
X. Copyrights and Rights of Use
XI. Data Protection
XIII. Commercial Use
XIV. Blocking, Deletion and Termination
XVI. Applicable Law and Contractual Language
XVII. General Provisions
(1) „GlobalSoftwareIndex.com“ includes all current and future contents, information, functions and services as well as the entire platform and technology that Stefan Trost Media provides at the Internet address www.globalsoftwareindex.com and sub domains.
(2) „Stefan Trost Media“ or „we“ stands for the company Stefan Trost Media as well as for the servants, agents and representatives of Stefan Trost Media. For contact information, please refer to the imprint of GlobalSoftwareIndex.com on globalsoftwareindex.com/imprint respectively globalsoftwareindex.com/impressum.
(3) „User“, or „you“ is, who registers on GlobalSoftwareIndex.com, who posts contributions on GlobalSoftwareIndex.com and/or who is using the contents, information, functions and/or services of GlobalSoftwareIndex.com (with or without registration) and/or who is using GlobalSoftwareIndex.com in any other way.
(4) „Contributions“ are all contents and information submitted, distributed, offered, published, sent via email or otherwise made available on GlobalSoftwareIndex.com by the user including but not limited to software profiles, comments, discussions, articles, tests, tutorials, user profiles, messages, texts, images, photos, graphics, avatars, artistic works, software, data, files, patterns, multimedia works, music, sounds, videos and other creative works.
II. Scope of Services
(1) Stefan Trost Media provides an internet platform at www.globalsoftwareindex.com on which users can post contributions regarding the subject software.
(2) The use of GlobalSoftwareIndex.com is free of charge for the user. Possible additional, fee-based services or premium functions, such as switching off ads, are clearly marked as such and can be booked by the user voluntarily. When booking fee-based services or premium functions, the user is clearly notified of the respective costs before contract formation.
(3) The contributions from users and the contents of GlobalSoftwareIndex.com are not verified by Stefan Trost Media or independent instances. They are only intended to provide general information and entertainment and they are no substitute for professional advice. Therefore, you should use the information contained therein only with caution, using common sense and in doubt, only after an independent professional review.
(4) The opinion represented in the contributions is solely the opinion of the corresponding user and does not necessarily reflect the opinion and view of Stefan Trost Media or GlobalSoftwareIndex.com on the corresponding subject.
(5) Please note, that a continuous and periodic monitoring of the contents, information and contributions posted by users is not possible for us and such a control is also not reasonable with no evidence of a violation of law. Regarding this, we also point to §7 German Tele Media Act (Telemediengesetz, TMG). As service provider in terms of §8, §9 and §10 TMG, we are not obligated to monitor transmitted or stored information of third parties or to search for circumstances which indicate illegal activities. Obligations to the removal or blockage of the use of information according to the general laws remain untouched from this, even in the case of non-responsibility. As soon as we are aware of such infringements, we will remove the respective contents immediately.
(6) We do not assume any warranty and guarantee for the contributions of users and we are neither responsible nor can we be held responsible for the content of user contributions. In particular, but not exclusively, we do not assume any warranty, guarantee or liability for advice, treatment proposal, comment, diagnosis and/or suggestion that may be found within user contributions independent of type and subject of the contribution and we are indemnified by you from any loss or damage arising within this context. Note that anybody – regardless of his qualifications – can write contributions on GlobalSoftwareIndex.com and we do not verify the information contained in the contributions. We expressly point out that we cannot verify these contributions particularly on their completeness, accuracy, quality, timeliness, suitability, legality, safety and/or usefulness. The information will never be as current as the date on which you retrieve the information. We assume no obligation to keep the information up to date.
(7) Please note that the contributions on GlobalSoftwareIndex.com cannot replace professional advice and may not be understood in terms of professional advice. Therefore, you should not use GlobalSoftwareIndex.com for emergencies and not as a substitute for professional advice of any kind. Therefore, in all cases and for each topic and subject on GlobalSoftwareIndex.com, we recommend a professional advice from a trained and competent specialist for the corresponding subject.
(8) Please note, that for websites and Internet services, interruptions, failures and breakdowns can never be excluded. Therefore, GlobalSoftwareIndex.com is always offered subject to the reservation of availability. In particular, Stefan Trost Media assumes no liability for interruptions, failures and/or breakdowns of devices of third parties and for other areas that are beyond the control and responsibility of Stefan Trost Media. However, Stefan Trost Media also reserves the right to take GlobalSoftwareIndex.com offline for an indefinite period of time, for example, to perform maintenance operations.
(9) For the use of GlobalSoftwareIndex.com, an internet access is required. The user has to take care for his Internet access and the associated technical requirements and programs on his own responsibility and has to bear the costs and fees arising in this context by himself.
III. Registration and Account
(1) A use of GlobalSoftwareIndex.com in its entirety requires a registration by the user. The registration can be done on en.globalsoftwareindex.com/register or de.globalsoftwareindex.com/registrieren. By registering, GlobalSoftwareIndex.com automatically creates an account for the user. The account can be used in all available language versions of GlobalSoftwareIndex.com, independent from the language version in that you have registered.The registration can be done on en.listlex.com/register or de.listlex.com/registrieren. By registering, GlobalSoftwareIndex.com automatically creates an account for the user. The account can be used in all available language versions of GlobalSoftwareIndex.com, independent from the language version in that you have registered.
(2) The user can choose a personal username and a password during registration. The username has to start with a capital letter and can contain letters, numbers and spaces. Not allowed are usernames containing no letters at all or that are shorter than 4 characters. The password has to be at least 6 characters in length.
(3) The chosen username may not violate the rights of others. So, it is not permitted, for example, to select a username, which simulates or pretends a non-existent relationship with other people, brands, products or companies. Furthermore, usernames may not be offensive, defamatory, hateful, provocative, insulting, misleading, threatening, obscene, vulgar, pornographic, violent, discriminatory, racist, illegal, unlawful or otherwise objectionable. Stefan Trost Media reserves the right to terminate the user and delete the corresponding account, when such an infringement should become known.
(4) The selected username, the date of birth as well as the gender can not be changed by the user after the first entry after the registration. If you want to have a different username, please sign in again under that other new username. If you can prove a sex change, we are willing to change the gender of your account.
(5) The user agrees to make true, current, accurate and complete information about himself according to the specifications of the registration form and update this data in the event of a change immediately.
(6) In addition, the user also agrees to make true, current, accurate and complete information about himself after his registration and keep this information up to date.
(7) If Stefan Trost Media should notice, that the data specified by the user is not correct, Stefan Trost Media has the right to terminate the user and to block or delete the corresponding account.
(8) The user must keep his password secret from third parties and is solely responsible for its secrecy. The user has to take all measures to ensure the security of his account and to protect his account against misuse, unauthorized access or unauthorized use. We point out that no employee of GlobalSoftwareIndex.com will ask you for your password, your access data or other personal data or user data. If someone should ask you for this or similar data, please report that to Stefan Trost Media and do not pass any data.
(9) If third parties should come into possession of the access data of the user, the user is obligated to immediately inform Stefan Trost Media about that and change his password.
(10) Furthermore, the user is obligated to inform Stefan Trost Media immediately about any kind of misuse of his account or access data or any other form of security violations.
(12) The user is fully responsible for all actions that are carried out using his access data and/or his account.
(13) Stefan Trost Media does not assume any responsibility or liability for claims, violations of the law, losses or damages of any kind resulting from third parties using your account with or without your knowledge.
(14) The user can access and modify his personal data and settings for his account in the section "Account" after his login on GlobalSoftwareIndex.com.
(15) An account is not transferable. The user may not rent, lend, sell, license or transfer his account in any other way. All rights on the account expire with the death of the user.
(16) People under the age of eighteen years may not register without the consent of their legal guardians. Please note, that GlobalSoftwareIndex.com can contain content that is not suitable for children and adolescents. Therefore, legal guardians should support and assist their children in the use.
(17) Non-registered users can only use selected functions to a limited extent on GlobalSoftwareIndex.com.
(18) The user should therefore check always and prior to each writing and saving of a contribution, if he is logged in, since the corresponding contribution is otherwise possibly considered irrevocably as a Guest contribution without a name. Additionally, we recommend that you save your contributions regularly during processing and write it in advance in a text editor.
(19) Contributions that have been written as Guest can not subsequently be assigned to another account or username nor can they be edited or deleted by the user after the first save.
(20) There is no entitlement to participation or persistence of a registration.
IV. Obligations of the User
(1) The user has to ensure, that all information he transmits to Stefan Trost Media and on GlobalSoftwareIndex.com is complete, correct and current.
(2) The user is obligated to take all necessary measures to avoid or reduce losses or damages.
(4) The user should be aware, that each user is personally responsible for his account and for his contents, information, contributions and actions on GlobalSoftwareIndex.com and therefore, each user also has to bear possible resulting legal consequences by himself (cf. Section VI, Indemnity / Liability and Responsibility of the User).
(5) The user agrees not to submit, distribute, offer, publish, email, link or otherwise make available any content, information or contribution, that is hateful, defamatory, deceptive, inappropriate, despicable, malignant, hurtful, provocative, disrespectful, pestering, abusive, insulting, degrading, youth endangering, harmful, harassing, tortious, threatening, immoral, obscene, vulgar, pornographic, discriminatory, violence requesting, violence glorifying, extremist religious, extremist political, racist, disorderly, punishable, criminal, illegal, unlawful or in any other way objectionable.
(6) The user agrees not to submit, distribute, offer, publish, email, link or otherwise make available any content, information or contribution that the user is not authorized to pass on and/or that violates the rights of third parties, including, but not limited to infringements of copyrights, patents, trademarks, rights to privacy, protection of personality rights, data protection rights, trade secrets, non-disclosure agreements or other property or privacy rights.
(7) The user agrees not to submit, distribute, offer, publish, email, link or otherwise make available any content, information or contribution, containing or referring to programs, files or code, designed or suitable for manipulating, reading out, blocking, turning off, misusing and/or otherwise affecting systems, computers, software, hardware and/or telecommunication devices from Stefan Trost Media, GlobalSoftwareIndex.com and/or third parties noticeable or not noticeable in any harmful way. In particular, but not exclusively, this includes malicious software such as viruses, trojans, worms, bots, spyware, spiders, scrapers, manipulated files or similar programs, files and code.
(8) Regarding your contributions, please also note Section V (Contributions).
(9) The user agrees to properly back up all contents and data published, transmitted, received and stored on GlobalSoftwareIndex.com outside of GlobalSoftwareIndex.com.
(10) The user agrees not to use GlobalSoftwareIndex.com for any other than its intended purposes and not to disturb, interrupt, overload and/or otherwise influence the technical operation and/or the technical functions of GlobalSoftwareIndex.com and/or its affiliated servers.
(11) The user agrees, not to interfere or constrain other users in the exercise of functions and/or services of GlobalSoftwareIndex.com and not to spy out other users or to try in any way to get the passwords or access data of other users or to use unauthorized an account of a third party. Likewise, the user is not permitted to systematically capture, spy out or collect information from and about other users or to pass information from and about other users to third parties without legal foundation.
(12) The user agrees not to pretend to be another person. In particular but not exclusively, it is not permitted to pretend to be a representative and/or a responsible person of GlobalSoftwareIndex.com or to feign a not existing connection or relationship with representatives or responsible persons of GlobalSoftwareIndex.com.
(13) The user agrees, not to use technical means to automatically post contributions, send messages, manipulate ratings, generate clicks on contributions or to otherwise interfere with the system.
(14) The user is not allowed to modify, decompile, reverse assemble, disassemble, adapt, translate or otherwise change, reduce and/or expand GlobalSoftwareIndex.com and the functions, codes and scripts of GlobalSoftwareIndex.com and/or to create derived products from them. In particular, methods such as reverse engineering or other methods to deduce the source code of GlobalSoftwareIndex.com are prohibited. Furthermore, the access or attempted access to data, databases, files and/or information that is not directly accessible through the user interface of GlobalSoftwareIndex.com, is prohibited.
(15) The user agrees not to submit, distribute, offer, publish, email, link or otherwise make available any mass mails, mass content, spam, identical or substantially identical contributions, chain letters, snowball systems or the like.
(16) GlobalSoftwareIndex.com may not be used without permission and separate contract for commercial or business purposes regardless of which type (for example advertisements). Please observe the respective rules and regulations for infringements in Section XIII (Commercial Use).
(17) On GlobalSoftwareIndex.com, advertisements marketed by Stefan Trost Media are placed. The user agrees, that such advertising may be placed in the immediate surrounding and within his contributions.
(1) Each user is responsible for his own contributions.
(2) The language of the contribution has to match the respective language version of GlobalSoftwareIndex.com (English contributions in the English language version, German contributions in the English language version and so on).
(3) The user should try to pay attention to the spelling, grammar, punctuation as well as to a correct upper and lower case writing in his contributions as far as possible.
(4) The user should be aware, that the content, he makes available on GlobalSoftwareIndex.com, may be accessed worldwide by any person. Furthermore, the user should keep in mind, that it can systematically be searched for content on GlobalSoftwareIndex.com by using Internet search engines or integrated search features of GlobalSoftwareIndex.com. Therefore, the user should only publish content that is intended for the public or that can be made public.
(6) Please also note for your contributions particularly the Sections IV (Obligations of the User), VI (Indemnity / Liability and Responsibility of the User), X (Copyrights and Rights of Use), XI (Data Protection), XII (Confidentiality) and XIII (Commercial Use).
VI. Indemnity / Liability and Responsibility of the User
(1) Each user is personally responsible for his own contents, information, contributions and actions on GlobalSoftwareIndex.com.
(2) Stefan Trost Media does not assume any responsibility or liability for users as well as for their contributions, contents, information and actions on GlobalSoftwareIndex.com. This applies in particular, but not exclusively, to cases in which contents, information, contributions and actions of users violate the law (for example, violations of the copyright law, the trademark law or the personality rights of third parties).
(4) The user is fully responsible for all actions that are carried out using his access data and/or his account.
(5) Stefan Trost Media does not assume any responsibility or liability for claims, violations of the law, losses or damages of any kind resulting from third parties using your account with or without your knowledge.
(7) You agree to fully indemnify Stefan Trost Media from all third party claims of any kind resulting from the contents, information and contributions submitted, distributed, offered, published, sent via email or otherwise made available by you.
(8) You agree to fully indemnify Stefan Trost Media from all third party claims of any kind resulting from an application of the contents, information and contributions submitted, distributed, offered, published, sent via email or otherwise made available by you.
(9) You agree to fully indemnify Stefan Trost Media from all third party claims of any kind resulting from a violation of third party rights committed by you.
(10) You agree to fully indemnify Stefan Trost Media from all third party claims of any kind resulting from your actions on GlobalSoftwareIndex.com.
(11) You agree to fully indemnify Stefan Trost Media from all third party claims of any kind resulting from the use of your account by a third party.
(12) The indemnification granted according to paragraphs VI.6, VI.7, VI.8, VI.9, VI.10 and VI.11 also includes the obligation, to fully indemnify Stefan Trost Media from any legal defense costs, including court costs, lawyers fees and costs caused by cease and desist letters. Hereby, the user expressly agrees with this regulation.
(13) This indemnification remains valid even after the ending of this contract, regardless of the reason why the contract was ended.
VII. Liability and Warranty
(1) Any use of the contents, information, functions and/or services of GlobalSoftwareIndex.com is at the user's own risk.
(2) Each user should use the contents, information and contributions available on GlobalSoftwareIndex.com only with caution, using common sense and, in doubt, only after an independent, professional verification.
(3) Stefan Trost Media does not assume any responsibility or liability for users or third parties.
(4) Stefan Trost Media does not assume any warranty and is not liable for third-party information and contents, such as contributions of users, in accordance with the provisions of Sections § 7, § 8, § 9 and § 10 of the German Tele Media Act (Telemediengesetz, TMG).
(5) For free services, the liability of Stefan Trost Media is limited to intent and gross negligence (§ 521 of the German Civil Code (BGB), Liability of the donor (Haftung des Schenkers)). The warranty of Stefan Trost Media for free services is governed by § 524 of the German Civil Code (BGB), Liability for material defects (Haftung für Sachmängel).
(6) For services with costs, besides cases of intent and gross negligence, Stefan Trost Media is also liable in the event of an essential infringement of a contractual obligation. However, the liability for an essential infringement of a contractual obligation is limited to the loss, Stefan Trost Media could have foreseen due to the circumstances known at the time of entering into this contract with the user.
(7) For the culpable injury to life, body or health, besides cases of intent and gross negligence, Stefan Trost Media is also liable for simple negligence.
(8) Stefan Trost Media does not assume any warranty or liability for that GlobalSoftwareIndex.com meets the requirements and expectations of the user as well as for the results and consequences arising from using GlobalSoftwareIndex.com or arising from the application of the contents, information and contributions of GlobalSoftwareIndex.com.
(9) Stefan Trost Media does not assume any warranty or liability for the completeness, correctness, accuracy, quality, actuality, timeliness, reliability, fitness for a particular purpose, safety, legal applicability, helpfulness, effectiveness and/or usefulness of the contents, information and contributions, which can be found on GlobalSoftwareIndex.com.
(10) GlobalSoftwareIndex.com is always offered subject to the reservation of availability. Stefan Trost Media assumes no responsibility or liability for that GlobalSoftwareIndex.com is always available reliable, error-free, secure, trouble-free, on time and without interruption. Particularly, but not exclusively, this applies, when the access to GlobalSoftwareIndex.com is restricted by circumstances, that are beyond the area of responsibility of Stefan Trost Media. However, Stefan Trost Media also reserves the right to take GlobalSoftwareIndex.com offline for an indefinite period of time, for example, to perform maintenance operations.
(11) Stefan Trost Media assumes no responsibility or liability for any memory losses, loss of data, interruptions, possible disturbances and/or failures in the transmission of data and/or the involved communication networks; for errors or delays in transfer and/or deletions of user contributions; for electrical power outages, as well as for failures or problems with servers, computers and/or systems that are not within the control of Stefan Trost Media. In particular, Stefan Trost Media assumes no liability for interruptions, failures and/or breakdowns of devices of third parties and for other areas that are beyond the control and the responsibility of Stefan Trost Media.
(12) No liability is accepted for losses or damages resulting from the inability or impossibility to use GlobalSoftwareIndex.com and the contents, information, contributions, functions and services of GlobalSoftwareIndex.com.
(13) Except for the fulfillment of payment obligations, no contracting party is liable against the other contracting party for non-performance or delay in performance of the contract, if the non-performance or delay is due to circumstances beyond the control of the respective Party. Such circumstances include in particular: acts of god caused by natural events, operational disorders, fire damage, interference by public authorities, war, terrorism, riots, strikes and/or lockouts, failures of the general electrical power supply and telecommunication circuits as well as failures due to the provider.
(14) For all linked or embedded plug-ins, services, libraries, scripts and codes from third parties on GlobalSoftwareIndex.com, the licensing is not with Stefan Trost Media, but with the third party, that is also responsible for any resulting claims and warranties.
(15) GlobalSoftwareIndex.com contains links to external websites and services of third parties on whose contents we do not have any influence. Therefore, we can not accept any responsibility and liability for these external contents as well as for possible changes to these contents. For the contents of linked websites, only their operators are responsible. For illegal, incorrect or incomplete contents of external websites and especially for losses and damages resulting from the use or disuse of contents of external websites, only the provider of the respective website is liable, not the one, who only refers to the respective website by using links. A permanent control of the contents of linked websites is not possible. Therefore, we ask you to inform us immediately about any links referring to illegal contents, so that we can remove the respective links.
(16) Stefan Trost Media will block the access to and/or delete illegal contents, information and contributions or links referring to illegal contents immediately after taking note. In addition, Stefan Trost Media is entitled to terminate the respective users and to block or delete the appropriate account. Stefan Trost Media will only make the access to blocked content possible again, if the user can prove, that the illegal state has been remedied. The burden of proof for this lies with the user.
(18) This limitation of the liability and warranty remains valid even after the ending of this contract, regardless of the reason why the contract was ended.
VIII. Payments to Stefan Trost Media
(1) The registration and the use of GlobalSoftwareIndex.com is free to the user and with his registration and/or use of GlobalSoftwareIndex.com, the user does not enter into a commitment to use fee-based services and/or premium functions immediately or later.
(2) At any time, the user is free to transfer a voluntary donation to Stefan Trost Media. You can find information about donations on en.globalsoftwareindex.com/donate and de.globalsoftwareindex.com/spenden. If you donate at least € 10 and you mention the name of a user along with your payment, 70 percent of the amount (after deduction of possible applicable fees) are forwarded by PayPal to the named user. If the named user has not specified a PayPal address and the user can also not be reached via the contact details he has made, the 70 percent of the amount are paid back to the donor. The remaining amount as well as donations without a given name and donations under € 10 are used for the operation and the costs of GlobalSoftwareIndex.com.
(3) Additional, optional fee-based services or premium functions - such as switching off ads - can be booked on GlobalSoftwareIndex.com against paying a monthly fee. The respective prices or charges are displayed clearly when booking the corresponding offers.
(4) Fee-based services and premium functions will not be activated until Stefan Trost Media has received the corresponding payments in full. As soon as a fee-based service or a premium function is no longer covered by a corresponding payment of the user, for example, because the user has stopped making payments, the respective service or premium function will be disabled.
(5) Payments can be made via PayPal or, if a separate agreement has been made, by bank transfer. The PayPal address or the bank account details for the bank transfer will be published at the appropriate point or after the order process.
(6) Possible invoices are provided online. Unless otherwise agreed, Stefan Trost Media is not obliged to send a written invoice to the user.
(7) In the event of an ending of this contract, possible prepayments of fee-based services and premium functions will be refunded proportionately to the user. The same applies to the case, when a fee-based service or a premium function will be discontinued.
IX. Payments to the User
(1) Payments of Stefan Trost Media to the user require a separate written contract, that must have been approved by both, Stefan Trost Media and the user.
(2) Payments to the user are paid out by using PayPal. In order to receive payments, the user must have specified a PayPal address in his account.
(3) We would like to inform the user that possibly, he has to pay taxes on the payments. Each user is personally responsible for the correct taxation of his payments. The user agrees to indemnify Stefan Trost Media from all claims arising from a breach of this obligation.
X. Copyrights and Rights of Use
(1) Stefan Trost Media has to be informed immediately, when others think that their works have been exploited, used or reproduced without authorization. As far as the allegations prove to be justified demonstrably, Stefan Trost Media will prevent the corresponding contributions or contents from the access of third parties and/or delete them.
(2) With the input of a contribution or content on GlobalSoftwareIndex.com, the user grants Stefan Trost Media and related companies, affiliates and contractual partners an irrevocable, perpetual, non-exclusive, royalty-free, temporally and spatially unrestricted right to use, reproduce, host, publish, store, distribute, display, make publicly available, provide for retrieval, stream, transmit, transfer, edit, format, modify, use for marketing purposes, translate and/or cite the contribution or the content completely, partially and/or in an edited form, with or without naming names, and/or to derive new contents from it and to distribute such as well as the right to transfer and/or sub-license all of these rights to third parties.
(3) In addition to GlobalSoftwareIndex.com, the usage rights and exploitation rights granted pursuant to paragraph X.2 also apply to other media such as other websites, printed matters (such as books, newspapers and magazines), feeds, data mediums and all other currently known electronic and non-electronic forms of exploitation.
(4) The usage rights and exploitation rights granted pursuant to paragraph X.2 and X.3 remain valid even after the ending of this contract, regardless of the reason why the contract was ended.
(6) GlobalSoftwareIndex.com contains and is mainly composed of works of personal intellectual creation in the sense of the German Copyright Act (Urheberrechtsgesetz, UrhG). These works are intellectual property/copyrighted works of Stefan Trost Media, his suppliers or the respective author/user. It is neither allowed to copy, pass, imitate or to use these works wholly or partially nor to use them in any other than the intended purpose unless there is an explicit written permission to do so. Other applicable rights of GlobalSoftwareIndex.com remain unaffected from this.
(7) All rights, including translation, reproduction and copying of the contents of GlobalSoftwareIndex.com or any part of it are reserved. Without explicit written permission of Stefan Trost Media or the respective author, it is not allowed to reproduce, publish or distribute the contents of GlobalSoftwareIndex.com in any form or to process, copy or distribute the contents of GlobalSoftwareIndex.com using electronic systems. We reserve the right to pursue legal infringements. The usual electronic processing by search engines is excluded from this and expressly welcome.
(8) Excluded from Paragraphs X.6 and X.7 are all cases that are expressly permitted by the German Copyright Act (Urheberrechtsgesetz, UrhG).
(10) All brand labels and trademarks, which are mentioned on GlobalSoftwareIndex.com and possibly protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owners. The mere mentioning of a brand label or a trademark does not imply that the brand label or trademark is not protected by third-party rights!
XI. Data Protection
(1) Stefan Trost Media ensures that within the service provision the applicable data protection regulations will be respected. All data will be used strictly task-related.
(2) For further information about the nature, scope and purpose of the collection and use of your data, please refer to our Data Privacy Statement, which can be found on globalsoftwareindex.com/privacy and globalsoftwareindex.com/datenschutz.
(3) Please help us, to protect your data. In your contributions, you should not publish personal data, such as e-mail addresses, other contact data or other information, allowing conclusions about your person, since your contributions will be publicly visible on the Internet and can therefore be retrieved by any Internet user worldwide. If you nevertheless do this, the publication of your data is your own responsibility. Under no circumstances, publish any data or content in your contributions that is not intended for the public. Please note, that your contributions can also be found by using search engines. The deletion or correction of data that has arrived in an index of a search engine or another indexing service, can often not be enforced.
(1) As far as the contracting parties transmit commercial or technical information which is marked as confidential or a contracting party becomes aware of information of the other party, which is usually considered as business secret or otherwise confidential, the contracting parties agree to treat such information confidential and not to make this information available to third parties or to use this information outside the implementation of this contract in any way without written consent of the other party. Corresponding obligations also apply to agreed prices and additional conditions.
(2) Confidential information is in particular: the terms of additional contracts as well as all used technologies and contents of personal communications. The contractual parties agree to make such information available to their employees or agents only if this is necessary for the execution of the contract.
(3) Not regarded as confidential information according to this provision is information that became public without any breach of confidentiality of a party as well as information that the announcing party has received from a third party lawfully.
(4) Excluded from this mutual obligation of confidentiality is information which is generally obvious; for which there is a legal, judicial or regulatory obligation to disclose; to whose use the concerned contracting party has consented, or which are necessary to ensure the safety of other users, the public, GlobalSoftwareIndex.com or Stefan Trost Media.
XIII. Commercial Use
(1) Stefan Trost Media provides all contents, information, functions and services of GlobalSoftwareIndex.com, if not regulated in a separate contract, solely for personal, non-commercial use. Hence, it is forbidden to use the contents, information, functions and services for commercial or business purposes of any kind.
(2) In particular, the user is prohibited to submit, distribute, offer, publish, email, link or otherwise make available any commercial advertising regardless of which type on GlobalSoftwareIndex.com without permission and authorization of Stefan Trost Media.
(3) Any commercial use by third parties requires a separate and mutually agreed contract between Stefan Trost Media and the respective third party.
(4) The user agrees to pay a contractual penalty of € 5,000 to Stefan Trost Media for each violation of the above regulations about commercial use.
(5) In the event that not contractually regulated commercial use becomes know, Stefan Trost Media reserves the right to terminate the respective user without warning, to delete his account and to remove the corresponding contents.
XIV. Blocking, Deletion and Termination
(1) Stefan Trost Media is entitled to terminate the user ordinary with a term of notice of one week at any time by e-mail and then to block or delete the account of the user. The right to extraordinary termination for an important reason remains unaffected.
(3) If the user has not used his account for more than 6 months, Stefan Trost Media reserves the right, to block or delete the account without notifying the user.
(4) The user can terminate at any time and with immediate effect by using the function "Delete Account". A termination can not be undone.
(5) With the delition of the account, the username is deleted from the contributions of the user. This assignment can not be undone. Contributions can then no longer be associated with the respective previous user and the user can no longer edit his old contributions after the deletion of his account.
(6) In case of termination (regardless of which party has terminated and for which reason), blocking and/or other ending of the use of GlobalSoftwareIndex.com, the Sections VI (Indemnity / Liability and Responsibility of the User), VII (Liability and Warranty), X (Copyrights and Rights of Use), XII (Confidentiality), XVI (Applicable Law and Contract Language), as well as the Paragraphs 1, 4 and 5 of Section V (Contributions) remain valid.
(2) Stefan Trost Media can change, enhance and/or remove the services and functions of GlobalSoftwareIndex.com technically and substantially according to own visions and/or adapt them to changes in the user behavior.
(3) Stefan Trost Media reserves the right to offer particular or all contents, functions or services of GlobalSoftwareIndex.com fee-based in the future or to integrate additional fee-based contents, functions or services in GlobalSoftwareIndex.com.
(4) The user will be informed timely about changed fee-based contents, functions or services that affect him. Also in the case of such a change, the user has at any time the right to terminate by using the function “Delete Account”. Thus, also in the event that contents, functions or services, the user has used before, become fee-based, the user does not enter into any obligation to continue using them. If the user neither terminates nor pays for an offer, he has used before and that is fee-based now, the respective offer is disabled for the user or the user is terminated by Stefan Trost Media.
(5) Stefan Trost Media reserves the right to cease or temporarily disable GlobalSoftwareIndex.com and/or all or particular contents, functions or services at any time and without giving reasons.
XVI. Applicable Law and Contractual Language
(1) This contract and the use of GlobalSoftwareIndex.com are subject to the law of the Federal Republic of Germany and must be construed in accordance with this law, without giving principles of conflicts of law any effect.
(2) The contractual language and the legal language is German.
(3) The exclusive jurisdiction for all disputes arising out of or in connection with GlobalSoftwareIndex.com and this contract is the competent court of the city of Bottrop, Germany, if you are a merchant, a legal entity under public law or a special fund under public law or your residence or your habitual residence is not in Germany or you have transferred your residence or your habitual residence after conclusion of this contract abroad, or in the case that your residence or habitual residence is not known at the date, the complaint is filed.
(4) Excluded is the applicability of statutory conflict rules and the Agreement between the United Nations Convention on Contracts for the International Sale of Goods. The application of these provisions is explicitly excluded.
(5) With respect to the interpretation or construing of this contract, particularly in cases of conflict, only the German version of this contract is valid. This applies, even if Stefan Trost Media has provided a translation into another language. Translations into another language are only a service for users which are not German-speaking.
XVII. General Provisions
(2) If provisions of this contract are found void or unenforceable in whole or in part or provisions of this contract will lose their legal effect or feasibility, the validity of the remaining provisions of this contract are not affected. The same applies to loopholes in this contract.
(3) The not exercise or not immediate exercise of a right or an appeal from this contract does not constitute any renunciation of the corresponding right or appeal or of other rights or appeals.
(4) The partial enforcement of rights or appeals does not rule out a further enforcement of rights or appeals or the enforcement of additional rights or appeals.
(5) The rights and the appeals resulting from this contract are cumulative, not alternative.
(6) A company-law relationship or a joint venture is not justified by this contract. A sales representative relationship does not arise due to this contract. No party is accredited or in another way authorized to bind the other party by contract or to conclude contracts on behalf of the other party.
(7) For the purpose of contract compliance and thus to provide the contractually performances owed by Stefan Trost Media, Stefan Trost Media can also make use of third parties.
(9) Send any other questions, messages or notifications to us via the contact forms on globalsoftwareindex.com/contact or globalsoftwareindex.com/kontakt or to the postal address stated in the imprint.
(10) The validity of this contract commences on the date on which the user has agreed to the contract by the possibilities mentioned above.
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