Terms and conditions
to use the web-based software CSE PROSaR.
1. Subject matter of the contract and formation of the contract
1.1 The subject of the contract is the provision and use of a web solution for the CSE-PROSAR software and any internet service required for this. CSE-PROSAR is provided for use in 3 versions:
- CSE PROSaR Standard
- CSE PROSaR Advanced
- CSE PROSaR Professional
In the following, all 3 versions are referred to as CSE PROSAR.
1.2 The subject of this contract is still the licensing of CSE PROSAR for one of the user’s end devices. The software is licensed and the CSE PROSAR internet service is operated by the CSE-Engineering Center of Safety Excellence GmbH, Joseph-von-Fraunhofer-Str. 9, 76327 Pfinztal (hereinafter referred to as “CSE-Engineering”).
2 License and Usage Rights
2.2 The CSE PROSAR software and the CSE PROSAR Internet service are subject to copyright protection, in part patent law, as well as other industrial property rights and contain the manufacturer’s trade secrets.
2.4 The retranslation of the software code, as well as the software code loaded in the source code from the portal (e.g. TypeScript, HTML, json) into other code forms (e.g. through decompilation) as well as other types of re-indexing of the various manufacturing stages (e.g. reverse engineering) are not permitted, except in cases where Section 69e (1) Act on Copyright and Related Rights (UrhG) is in effect.
2.5 The user is not authorized to use the CSE PROSAR software or CSE PROSAR internet services in a way that could damage these services or impair their use by third parties. The user is not authorized to use the services to attempt to gain unauthorized access to services, data, accounts or networks in any way.
3 Availability and Requirements
3.1 CSE-ENGINEERING is not responsible for errors in the configuration of the user; in the user’s network; Interruptions or other disruptions to Internet access of the user; General malfunctions in the internet provider of the CSE-PROSAR internet service, as well as malfunctions affecting several or many servers in the data center / hosting provider used for the CSE PROSAR internet service. This also includes a disruption caused by force majeure.
3.2 The requirement for using the CSE PROSAR software is the use of one of the systems or browsers published by CSE-ENGINEERING (e.g. under “www.cse-prosar.de”). CSE-ENGINEERING has the right to adapt this list of supported systems or browsers from time to time in accordance with technical progress.
3.3 The use of the Internet can result in costs that must be borne by the user. Due to the regular establishment of Internet connections, we expressly recommend the use of Internet connections with so-called flat rates, i.e. Services for which no individual time, dial-in or volume fees are billed.
3.4 Due to the way CSE PROSAR works and due to disruptions, calculations via the Internet can and will be carried out with a time delay.
4 Data protection
4.1 By using CSE PROSAR, the user agrees to the transfer of system-relevant information and login data. The collection, processing and use of his data are subject to the applicable data protection regulations.
4.2 CSE-ENGINEERING reserves the right to place advertisements within the framework of the internet service. There is no entitlement to partial or complete hiding of such content.
5.1 CSE-ENGINEERING guarantees that the software was developed with the greatest care. However, it is not possible to guarantee absolutely error-free software. The software is adapted to the state of the art by CSE-Engineering and if errors occur, CSE-Engineering endeavors to correct them promptly.
6.1 CSE-ENGINEERING is only liable in cases of positive breach of contract, negligence when concluding the contract, delay, unavailability, unauthorized actions and for other legal reasons only in the case of intent and gross negligence.
6.4 The scope of CSE-ENGINEERING’s liability under the Product Liability Act remains unaffected.
7 Third party property rights
7.1 CSE-ENGINEERING guarantees that the software is free of third party rights to the best of its knowledge and that its use in accordance with the contract does not infringe third party property rights.
7.2 If the contractual use is impaired by property rights of third parties, CSE-ENGINEERING has the right to a reasonable extent for the customer to purchase licenses and / or to change the software, in whole or in part, or against reimbursement to withdraw the purchase price.
8 Contract duration and termination
8.1 The contract begins with the first commissioning of CSE PROSAR with the CSE PROSAR internet service from CSE-ENGINEERING and applies for the agreed period of use of the software or the CSE PROSAR internet service.
8.2 This period may be extended in accordance with a subsequently acquired extension of the service life of the CSE PROSAR Internet service.
8.3 The contract ends after the agreed period of use and any extensions have expired. CSE-ENGINEERING has the right to delete configuration and usage data immediately at the end of the contract. CSE-ENGINEERING also has the right to permanently save certain login and configuration data in order to detect or prevent misuse of the CSE PROSAR internet service.
8.4 The contract can be terminated by CSE-ENGINEERING at the end of the agreed period of use. The termination can be made by CSE-ENGINEERING in electronic form, i.e. also by email or by display in the CSE PROSAR software or the CSE PROSAR internet service.
8.5 The right to termination without notice for an important reason remains unaffected.
9 Final provisions
9.1 The customer has no right to offset or withhold payment, unless the claim is undisputed or has been legally established by a court.
Should individual provisions of this contract not be legally effective in whole or in part or lose their legal effectiveness later, this shall not affect the validity of the rest of the contract.
9.2 The place of jurisdiction is Karlsruhe