The user is responsible for ensuring access to the service, which may include the payment of third-party fees (e.g. Internet Service Provider fees or Salesforce.com fees). In addition, the user is responsible for all devices required to access the service, such as a home computer or your desktop computer in your office.
3. International Use
You acknowledge the global nature of the Internet and agree to abide by all local rules regarding online conduct and acceptable content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
5. LIMITATION OF LIABILITY
5.1 Liability for slight negligence
Apsara shall only be liable for damages resulting from carelessness if the breach of essential contractual obligations would jeopardise the achievement of the purpose of the contract, including any relevant orders, or the breach of essential contractual obligations for the fulfilment of the prerequisites necessary for the proper performance of the contract.
5.2 Typical damage, in cases 5.1 shall be limited to typical, foreseeable liability for damage. This also applies to damage caused by gross negligence on the part of a representative or employee of Apsara, which is not an organ or managing director of Apsara Consulting.
5.3 Indirect damage. In the cases referred to in 5.1, Apsara shall not be liable for indirect damage, consequential damage or loss of profit.
5.4 Statute of Limitations, In the cases according to clause 5.2, claims for damages by the customer shall be asserted two (2) years after their occurrence and the customer shall become aware of them. Irrespective of the customer's knowledge, the limitation period shall be three (3) years after the damaging event.
5.5 Mandatory liability, with the exception of liability (i) under the Product Liability Act (ii) for defects following the provision of a procurement guarantee for the Products (iii) in the event of fraudulent concealment of a defect and (iv) for injury to life, limb or health, the foregoing limitations of liability shall apply irrespective of the legal basis for all claims for damages.
5.6 Claims against employees and representatives, the above limitations of liability shall also apply to any claims for damages by the customer against employees or vicarious agents of Apsara.
7. Apsara is not responsible for the storage of content and data. You acknowledge that Salesforce.com stores your content and other data used in the Service. Salesforce.com may establish general practices and restrictions with respect to use of the Service, including, but not limited to, the maximum number of days content may be uploaded after termination of an account and the maximum storage space allocated on their servers on your behalf. You agree that APSARA shall have no responsibility or liability for the deletion or failure to store any content or data maintained by Salesforce.com in connection with the Service or otherwise.
9. The intellectual property of Apsara
a. All in all, title and interest in and for the service and the Apsara - technology remain property of Apsara. Apsara technology means all proprietary technology of Apsara (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information that Apsara makes available to you). You agree to keep Apsara technology, which is not publicly known, confidential and not to disclose this information to third parties without the prior
written consent of Apsara.
b. Unless expressly authorized by Apsara, you agree not to (a) reproduce, modify, rent, loan, sell, resell, distribute or create derivative works based on the Service or Apsara technology, in whole or in part (b) access the Service for benchmarking or competition purposes. Apsara grants you a personal, non-transferable and non-exclusive right to use the Service and the Apsara technology exclusively for company or internal business purposes.
You may not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available the Service or Apsara technology to any third party other than the Company's implementation partners. (ii) modifications or derivations of works based on the Service or Apsara technology; or (iii) attempts to reverse compile or otherwise modify the APSARA technology. You agree to access the Service only with the means provided by Apsara for the use of the Service.
c. You may not use any trademarks or copyrighted materials found on and in the Service except as noted herein, in accordance with applicable law, or without the prior written permission of the owner. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal penalties. Nothing contained in the Service should be construed as granting, by estoppel or otherwise, any license or right to use any Trademark.
Apsara shall not be liable to you or any third party for any termination of your account or access to the Service or deletion of your Content.
11. Terms of payment: The Service is only offered as a subscription. You are responsible for the timely payment of the Subscription Fee. Your subscription to the Service will be automatically renewed annually and you will be billed for the license fees unless you notify us at least 90 days prior to the renewal date that you do not wish to renew. Payment must be made in good time in order to avoid a loss of performance.
The confidentiality agreement signed between the company and Apsara shall apply.
Apsara may only use your company logo after your written consent for customer lists in various forms (e.g. a printed list, an online list, product presentation etc.) and in other marketing material, only to identify you or as a customer of Apsara. For each use of your logo, we will comply with the guidelines for the use of logos provided by you and will promptly correct any deficiencies that you have brought to our attention. Apsara may use your name, your logo, links, your offer and any other information that you may provide only after your written consent for each individual case to be completed,
Press releases and other marketing materials in any form (including audio, video and other formats) related to your use of Apsara products or services.
Apsara may publish and freely distribute all this information or input only with your written consent for each individual case. Apsara will never publish your individual
contact information without your prior written consent (i.e. it will not appear on our customer list or in a case study). Apsara is under no obligation to publish or otherwise use any information or logos you provide. The rights you grant Apsara are without charge or license fee.
15. Various provisions
International Sale of Goods shall not apply to this Agreement. In the event of any dispute relating to this Agreement, the parties agree to make a comprehensive and bona fide attempt to resolve such dispute through negotiations at senior management level, to the extent reasonably practicable in the circumstances prior to the commencement of any legal proceedings. Any dispute, controversy or claim arising out of or relating to this Agreement, or any breach, termination or invalidity thereof, shall be finally settled
by arbitration at the Arbitration Institute of the German Chamber of Commerce (IHK) in Munich.
of Service or any breach of these Terms of Service shall not be deemed a waiver of such rights or the breach. None of these provisions shall be deemed superseded or modified except in writing.
f. Note. Apsara may send you notices, including notices of changes to these Terms of Service, by e-mail as a PDF document or in the original by post. Original documents should be sent by post: Apsara Consulting GmbH, Carl-Zeiss-Ring 11, 85737 Ismaning near Munich.
h. Invalidity of the provision, interpretation. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the intentions of the parties contained in the provision shall be preserved and the other provisions of these Terms of Service shall remain in full force and effect.
i. Remedy. You agree that any unauthorized use of the Service or the Apsara technology contained therein would result in irreparable injury to Apsara for which monetary damages would not be appropriate. In such a case, Apsara is therefore entitled, in addition to other legal remedies available to it by law, to immediately seek injunctive relief against you and to prevent unauthorised use. Nothing in this section or elsewhere in these Terms of Service shall be construed to limit the remedies available to Apsara under any law or regulation or any other claim that Apsara may have under a separate legal authority. You understand and agree that your termination of your Apsara Account is your sole right and remedy with respect to any dispute with Apsara.
j. consulting services. In addition to the subscription model for the service, you can purchase consulting, implementation or technical services from Apsara. For the purposes of this Agreement, such consulting services are not included in the scope of the "Service