Terms of use

1. Scope
1.1
Any use of this website provided by Ostral Pty Ltd is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Ostral website these Terms of Use are accepted in their then current version.

1.2
In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

2. Services
2.1
This Ostral website contains specific information, as well as - as the case may be - related documentation, for viewing or downloading.

2.2
Ostral may stop the operation of the Ostral website in full or in part at any time. Due to the nature of the internet and computer systems, Ostral cannot accept any liability for the continuous availability of the Ostral website.

3. Rights of Use to Information and Documentation
3.1
The use of any information and documentation made available on or via this Ostral website is subject to these Terms of Use or, in case of updating information or documentation, subject to the applicable license terms previously agreed to with Ostral. Separately agreed to license terms shall prevail over these Terms of Use.

3.2
Ostral grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Ostral website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Ostral in making same available.

3.3
Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the documentation.

3.4
The information and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, marks or copyright notices neither from the information nor from the documentation, or any copies thereof.

4. Intellectual Property
4.1 Notwithstanding the particular provisions in § 3 of these Terms of Use, information, brand names and other contents of the Ostral website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Ostral.

4.2
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5. Duties of the User
5.1
In accessing or using the Ostral website the User shall not - harm other persons, in particular minors, or infringe their personal rights; - breach public morality in its manner of use; - violate any intellectual property right or any other proprietary right; - upload any contents containing a virus, 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; or - 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, snowball system, chain letter, pyramid game or similar activity.

5.2
Ostral may deny access to the Ostral website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6. Hyperlinks
The Ostral website may contain hyperlinks to the web pages of third parties. Ostral shall have 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 Ostral does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

7. Liability for defects of title or quality
7.1
Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

7.2
The information on the Ostral website may contain specifications or general descriptions related to the possibilities of individual products or services which may not be available in certain cases (e.g. due to changes in products or services). The required performance of the product or service shall therefore be mutually agreed in each case at the time of purchase.

8. Other Liability, Viruses
8.1
The liability of Ostral for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of Ostral is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2 Although Ostral makes every endeavor to keep the Ostral website free from viruses, Ostral cannot make any 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.

8.3 §§ 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.