2. Accessibility of DMM Web Site
User acknowledges that DMM expressly excludes any liability for the continuous availability of the Web Site. DMM additionally reserves the right to stop operating and/or provide partly or fully this Web Site or limit the access to it at any time and without further notice.
3. Use of the DMM Web Site and the Contents and Information provided
All information published by DMM will be provided for the user free of charge unless stated otherwise. Every user may use and document the offered information for his/her own personal needs. Any other use of the information, especially any type of replication, alteration, or integration in any type of publishing or advertisement of any type is only permitted with prior consent of DMM or the particular owner of the information. DMM specifically draws attention to the fact that contents and information can be subject to protective rights; any such protective rights (esp. names and trademarks) shall remain property of DMM at all times.
Contents are not intended for use outside Europe. All information has been gathered and checked by DMM with the greatest care and is supplied by DMM to its best knowledge and belief. As far as the information originates from a third party, it has been adopted without any alteration. DMM does not ensure that its site is without mistakes. DMM’s liability for any damages due to incorrectness, incompleteness, or missing actuality of the information supplied as well as any liability for damages resulting out of any possible misinterpretation of the supplied information by the user is limited to cases of gross negligence or intentional behaviour of DMM.
In addition, while accessing and or using the DMM Web Site the user shall ensure not to engage in any of the following activities:
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus ore a so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- distribute advertising or unsolicited e-mails (so called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snow-ball system, chain letter, pyramid game or similar activity
Furthermore, DMM is not liable for any damages resulting from any misconduct of the user with the information supplied.
4. Links / Contents and Information of Third Parties
The DMM Web Site may contain Links and references to web pages of third parties. DMM has no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as DMM does not have control over the information or contents on such web pages. Neither is DMM liable for the quality, correctness, or completeness of third party information expressly provided on the DMM Web site as third Party information including information supplied by sales partners.
5. Software Download
Any use of Software offered for download by DMM shall be subject to the relevant license conditions of the legitimate supplier or the particular manufacturer (license agreement). These terms will be transferred together with the software and/or are obtainable from the manufacturer/legitimate supplier of the Software. In general user will not be able to install such Software, before or without accepting the relevant licensing terms and conditions provided.
Software offered for download is only intended for private use or testing purposes. Any other use may and will be pursued according to criminal and civil law. Mandatory user rights shall remain unaffected within the particular scope of law as applicable in the respective territory.
DMM is not liable for damages resulting from the use of downloaded data files.
6. Important Notice on Computer Viruses
Although DMM makes every endeavour to keep the DMM Web Site free from viruses, DMM cannot provide any warranty or guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
7. Rules on Password Use and Responsibilities
It is within the User’s sole responsibility to secure any passwords and avoid any misconduct regarding the use of such passwords that he might have received for the use of the Web Site. If the user should discover that his password has been made accessible to an unauthorized person and/or third party or that there might exist any danger of misuse, User shall immediately inform DMM. DMM shall then take measures to block the respective password. DMM shall not be liable in contract, tort or under any legal theory that might considered to be applicable for any damages resulting from the any abuse of any Personal Passwords, unless such abuse was caused through the intentional or gross negligent behaviour of an DMM employee or a third party acting on behalf of DMM. In addition DMM reserves the right, at any time and without having to indicate any specific reasons, to cancel or limit the User’s right to access the password-protected area by blocking its User Data.
8. Limitation of Liability
DMM shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations, or loss of data unless such liability should be mandatory at law.
9. Jurisdiction / Applicable Law
The DMM Web Site is operated and administered only in and for countries in which DMM has a business residence. DMM makes no representation that information, software and/or documentation on the DMM Web Site are appropriate or available for viewing or downloading at locations in other countries world wide. If users access the DMM Web Site from other countries, they are themselves exclusively responsible for compliance with all local laws. Access to the DMM Web Site's information, software and/or documentation from countries, where such content is unlawful is expressly prohibited.
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