# #i18('site.registration.termsofuse')

Please read our terms and conditions attentively. By doing this and using the services and contents of the Internet platform www.UNITRACC.com (succeeding UNITRACC) you accept these conditions and terms as a binding part of the contract conditions.

UNITRACC is a web based Content- and Service-System of the Prof. Dr.-Ing. Stein & Partner GmbH in Bochum, the Information Desire Software GmbH in Mainz and of the visaplan GmbH in Bochum.

UNITRACC reserves the right to change these terms of use from time to time without prior notification. You are obligated to observe and follow the changes made within these terms and conditions and should also check and read the terms regularly, so that you are aware of possible changes.

## 1. Area of Application

These general terms and conditions apply for every user, who accesses or uses the free (succeeding USER) or cost-related (succeeding CUSTOMER) contents or services of UNITRACC. This includes the use or access of information, data, products or services belonging to UNITRACC.

By using UNITRACC you accept these conditions as mandatory.

Additional descriptions of the services and the valid price list complete the general terms and conditions.

Alternative and opposed terms of USERS and CUSTOMERS do not apply. This also applies if UNITRACC does not explicitly object.

## 2. Service and Performance Description

UNITRACC runs an Internet platform with information and service offers in form of electronical texts, animated and still pictures (computer animations), as well as audio signals. UNITRACC also offers possibilities for the realisation of further services with computer programs (software).

The information and service range is mainly aimed at specialists from the area "subterrestrial infrastructure". It is a precondition that professional knowledge is existent.

Beyond UNITRACCīs own contents and services, selected and authorised third parties (AUTHORS) are allowed to provide information and services and consequently spread these throughout the Internet. To be able to upload and provide information within the UNITRACC System an authorisation is needed. The user then receives the official status AUTHOR.

### 2.1 UNITRACC Copyright

USER and CUSTOMERS accept that the web based content and service system www.UNITRACC.de is a database produced by UNITRACC.

UNITRACC shall reserve all rights, especially the general terms and conditions of the contents and documents as well as the general copyright concerning other elements.

Brands, corporate logos, further characteristics or protective notes, originator notes, serial numbers as well as every identification possibility of UNITRACC or individual elements are not allowed to be removed or changed. This also applies to printed sections of the database.

### 2.2 Revisional Authority

UNITRACC is authorised to change, exchange remove or restrict the content and service offers of UNITRACC at any time - without prior notification or mentioning a reason.

At all times there is no entitlement to maintain specific offers, provided that this is not regulated contractually.

Should such a change result in a substantial restriction of the contents, available to the customers based on the license contract, then the due payment of the customer will be reduced accordingly.

## 3. Terms of Use

USER receive a basic right for the use of the information- and services of UNITRACC, CUSTOMERS receive a temporary usage right based on the contract. These rights are binding within the framework of the license agreement and the following regulations

This usage right is not transferable to a third party. Provided that the information or the services belong to third parties, the usage right can only be transferred based on the possibilities within the contractual transfer possibilities of UNITRACC. The copyright, license right and further property rights are specifically reserved.

The accessed documents are only to be used by the CUSTOMERS/USERS for their own use. Industrial transfer is forbidden, especially selling, renting, leasing or distributing information and services as a whole or in parts.

The use of access protected UNITRACC information and services by third parties is strictly forbidden. It is particularly forbidden to collect, duplicate or copy and save database elements or database related computer programs on retrieval systems and other data carriers for external use by unauthorised third parties.

Permanent storage of downloaded information is forbidden; the USER /CUSTOMER is entitled to print several documents.

UNITRACC is authorised to make technical arrangements, which prevents an incorrect use. This can be done especially with denial of access. The USER/CUSTOMER is obligated to provide UNITRACC with the necessary information and documents for an inspection.

## 4. Access

A large part of UNITRACCīs information and services underlies an access protection and/or is with cost, these services and information are only available after authorisation. Access authorisation will be confirmed per email by UNITRACC.

Access to the area with cost and the protected areas takes place via password protection and remote data transfer based on the USERīs/CUSTOMERīs access data (username and password).

Should there be more than one user in a company then each user has to be registered separately and receives their own access data. Every USER/CUSTOMER is obligated to keep the access data protected and prevent abuse through third parties. The firm also has to ensure that every USER/CUSTOMER maintains this obligation.

If the USER/CUSTOMERS notices an abuse of his access data, then he will inform UNITRACC immediately und will also change the password himself within the provided functions. UNITRACC can also be informed about the situation and be instructed to change the password.

This procedure also applies when the USER/CUSTOMER has forgotten the password a security check verifies the procedure. The USER/CUSTOMER is not entitled to a specific password.

The new password is then sent to an email address. This email address has to be registered at UNITRACC.

### 4.1 Registration

Visitors of UNITRACC have to be registered within the UNITRACC platform to receive access data and can then use the protected areas. The final step of the registration procedure is also the USERīs/CUSTOMERīs affirmation that the requested data and details are correct and complete.

The submission of incorrect data is a breach of the terms of use.

Only individual or legal persons of full age can register. Every individual or legal person can only be registered once. Excepting registrations for educational and training purposes according to specific agreements.

The registration of USERīs/CUSTOMERīs includes a unique assignment of access data.

If the USER/CUSTOMER registration data should change then the USER/CUSTOMER is obligated to inform UNITRACC immediately or to carry out the changes themselves. The alterations can be carried out within UNITRACCīs function "Personal Settings".

## 5. Duties

The technical requirements for the use of UNITRACC lies within the area of the USERīs/CUSTOMERīs responsibility. This especially applies to the installed hard- and software as well as to the needed Internet access.

The USER/CUSTOMER has to provide an up-to-date Internet browser so that the unrestricted and proper use of UNITRACC is ensured. The browser settings must accept "cookies" and enable JavaScript. Furthermore the browser must allow the unrestricted multimedia-based use of contents in Macromedia Flash and enable Macromedia-Shockwave elements. It is the USERīs/CUSTOMERīs responsibility to carry out these settings and installations.

In the case of further developments within the software platforms and further technical system components, made by UNITRACC, the USER/CUSTOMER has to ensure the necessary adjustment measures within the used hard- and software. UNITRACC will inform the USER/CUSTOMER about such developments.

The USER/CUSTOMER is obligated to ensure a professional backup and protection of his system; this includes a regular data back-up and up-to-date anti-virus software. UNITRACC is not liable for defects or damages caused by viruses - provided that an anti-virus software could have prevented the damage.

## 6. Access Violation

UNITRACC is entitled to exclude USERīs/CUSTOMERīs from using the protected areas immediately without giving reasons, if an access violation occurs or/and the general terms and conditions of business are violated.

Reasons are especially the following:

- Incorrect given details during the registration,
- Violation of the UNITRACC information and services
- Damaging to or affects for UNITRACC system and service functionality.

The burden of proof and analysis for the non-existence of such reasons lies on the USER/CUSTOMER.

## 7. Prices and Terms of Payment

The extent of fees and cost is always based on the valid UNITRACC price list. This price list is a main part of the licence agreement. Service fees are to be prepaid at the beginning of a quarter. They are latest due on the 3rd workday of the quarter.

The USER/CUSTOMER is only able to clear financial demands of UNITRACC with undoubted or legally binding outstanding debits. The USER/CUSTOMER only has the right of retention with financial counterclaims within the same contractual relationship.

## 8. Duration and Termination

The contractual relationship between UNITRACC and the USER is indefinite, as long as the contract does not declare a limitation.

The contract can be terminated at any time with a 1-month term - towards to end of a quarter. The notice of termination has to be in a written form und becomes active by entry.

The right of instant notice of termination upon good reason remains unaffected. Such a good reason is particularly a violation of the condition regulations referred to in the clause 6.

## 9. Liability

UNITRACC is not liable for negligent breach of duties, if the breach does not apply to a significant contractual duty or guaranteed quality. This also applies to breaches of duties in the area of auxiliary or vicarious persons.

Liability for indirect damages, lost profit and untypical consequential damage is excluded.

Liability is especially excluded if a defect is based on circumstances, which originate from the USER/CUSTOMER or if it evolves from their risk area. This especially applies if the customer violates his obligation to co-operate according to clause 5 or a case of force majeure occurs (natural disaster, strikes, terrorist attack).

UNITRACC has limited liability payments for every typical and predictable damage - max. 5000,00,- Euro.

### 9.1

UNITRACC is not liable for textual correctness, completeness, up-to-dateness and the truth of the accessible information.

The content can only be updated in a limited way. An update of the work done by authors (comments, manuals) between term printings cannot be guaranteed due to the copyright.

### 9.2

UNITRACC has exercised great care with the development of the platform. However it is not possible to rule out that the platform is completely accurate and error free. This is due to the use of computer programs and the access possibilities within the Internet.

UNITRACC cannot guarantee that all services are continuously available.

This implies that USER/CUSTOMERīs are not able to raise claims against UNITRACC concerning data transfer disturbances or restricted availability of offered services.

Due to technical reasons, e.g. maintenance work, the availability of UNITRACC can be limited at times. Claims or demands to not result from this limitation. Should the server be shut down over a long time period (1 week), then the customer's payment decreases accordingly.

## 10. Data Security, Nondisclosure

UNITRACC saves business and user data in a machine-readable form according to the German Data Protection Act. Partners to the contract are committed to keep the information from the other partner, which results through the contract realisation, confidential.

## 11. General Terms

German law applies to any kind of legal dispute within or without correlation to this contract. Legal norms, which refer to other legal systems are excluded. Furthermore the appliance of the UN Convention on Contracts for the International Sale of Goods is excluded.

As far as general terms of USERS and CUSTOMERS run counter to these conditions they do not apply.

Place of performance is the location of the UNITRACC server.

If the USER/CUSTOMER is a merchant / business man in terms of § 1 German Commercial Code (HGB) and the use of UNITRACC is meant for the USER/CUSTOMERīs business or the CUSTOMER/USER does not have a national permanent residence, then the place of performance for this contract is the registered office of UNITRACC in Bochum, Germany.

Additional agreements, alterations or additions must be in written form to be effective. The cancellation of the requirement for written form must also be made up in writing.

The contracts validity is not affected if some terms should be or become effect less. The contract partners will exchange such a term with one that is the closest to the defined contract intention and purpose.