Disclaimers and Limitations
Throughout this agreement IKS means Salzburg Research Forschungsgesellschaft mbH (or any person it authorizes).
1. Responsibility of Contributors. Those who post material to, provide links to material from, or otherwise make material available by means of the Websites (Contributor or Contributors) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:
- the downloading, copying and use of the materials you make available will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party;
- you have fully complied with any third-party licenses relating to such materials, and have done all things necessary to successfully pass through to end users any required terms;
- the materials you make available do not contain any viruses, worms, Trojan horses or other harmful or destructive content;
- the materials you make available are not obscene or libelous, and do not violate the right of privacy or publicity of any third party; and
- you have, in the case of computer code, accurately categorized and described the type and nature of the materials if and when requested by IKS to do so.
- on the day of the conclusion of this agreement you do not know of any circumstances which would create an impediment to the actual use of your intellectual property.
Without limiting any of those representations or warranties, IKS has the right (though not the obligation) to, in IKS’s sole discretion: (a) remove any content that, in IKS’s reasonable opinion, violates any IKS policy or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.
2. Responsibility of Website Users. IKS has not reviewed, and cannot review, all of the material, including computer software, available on or by means of IKS’s websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the IKS website, IKS does not represent or imply that it endorses the material there available, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The IKS websites may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The IKS websites may also contain material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IKS disclaims any responsibility for any harm resulting from the use by IKS’s visitors of IKS’s websites, or from any downloading by those visitors of content available on or by means of IKS’s websites.
3. Changes. Content contained on IKS’s websites may be changed at the sole discretion of IKS and without notice. When making an amendment to this Agreement, IKS will post a notice on http://iks-project.eu. If you do not agree with the amendment, you must cease to use the Websites. If you continue to use the Websites after 10 days from the day of the notice, you are deemed to have accepted the amendment. Nothing else may amend this Agreement.
4. Content Posted on Other Websites. IKS has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which IKS’s websites links, and that link to IKS’s websites. IKS does not have any control over those non-IKS websites and webpages, and is not responsible for their contents or their use. By linking to a non-IKS website or webpage, IKS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. IKS disclaims any responsibility for any harm resulting from your use of non-IKS websites and webpages.
5. LIMITATION OF WARRANTIES OF IKS. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM IKS’S WEBSITES IS PROVIDED “AS IS,” AND IKS, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, IKS, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT IKS’S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH IKS’S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT IKS, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY OF IKS. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL IKS, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF IKS’S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF IKS, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SALZBURG RESEARCH WARRANTS AND IS LIABLE ONLY TO THE EXTENT PROVIDED FOR BY AUSTRIAN CURRENT COMPULSORY LAW I.E. INTENT AND GROSS NEGLIGENCE. SALZBURG RESEARCH IS NOT LIABLE FOR THIRD PARTIES WHO ARE OR SHOULD BE ACTIVE IN RELATION TO THIS AGREEMENT
8. Indemnification. You agree to defend, indemnify and hold harmless IKS, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys’ fees, arising out of your use of IKS’s websites, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.
9. Waiver of Rescission. To the extent permitted by Austrian compulsory law you waive your right to challenge this agreement, to demand its modifications or rescission or to claim that agreement was not concluded validly or is null and void.
10. Severability. Should any provision of this agreement be or become illegal or unenforceable the remainder of this agreement shall not be affected. These provisions are automatically replaced by valid and enforceable provisions, which achieve the intended effect as well as possible.
Agreement Provenance and Licensing
This agreement is based on Mozilla’s Legal Disclaimers and Limitations. At the time of policy drafting, the URL for these disclaimers and limitations was http://www.mozilla.com/en-US/about/legal.html
This document is licensed under the Creative Commons Attribution-Share Alike License version 3.0 or any later version.