Nemetschek Wireless LAN

1. These terms of use cover your, and our, rights and responsibilities, relating to the use of the Nemetschek Wireless LAN Guest Access.

2. We will provide you, at our own discretion, with access to the internet on our business premises in the form of a Wireless LAN connection (“Hotspot”) free of charge. The Hotspot is not a publicly accessible telecommunications service, but may exclusively be used by you as a visitor to our company.

3. Prerequisite for access to and usage of the Hotspot is your acceptance of these terms of use. This will be done by selecting the Hotspot as a Wi-Fi network on your device.

4. As access to and use of the Hotspot is provided free of charge, we may limit, suspend or terminate access to the Hotspot at any time without giving reasons. Furthermore, provision of the Hotspot is subject to our technical and operational capabilities at any given time, we do not commit to any particular signal range.

5. We neither warrant that the Hotspot will be free of disruptions or outages, nor the availability of network speed. Access to the Hotspot may be interrupted, restricted or suspended at any time and without prior notice. There is no entitlement to use particular services via the Hotspot. Access to specific networks or internet ports may be blocked.

6. While we take reasonable steps to secure data, we cannot guarantee that the use of the Hotspot and/ or access to the internet are absolutely secure. You are solely responsible for protecting your own device and data. We are explicitly not responsible for any security breaches or loss of data. You are solely liable for any use and/or other activity carried out with your login credentials in accordance with statutory legal provisions.

7. Your login credentials may exclusively be used by yourself in order to gain access to and use the hotspot. You must inform us immediately, if circumstances arise that give reason to suspect that third parties have obtained or will obtain your Hotspot access.

8. When using the Hotspot, you are prohibited from any activities that contravene statutory laws or infringe rights of third parties. In particular the following activities are prohibited:

• the uploading, distribution, offering or solicitation of content, services and/or products that are fraudulent, pornographic, violate youth protection laws, data protection laws and/or any other applicable laws;
• the publication or making accessible of content that is offensive or defamatory to other users or third parties;
• using, supplying or distributing content, services and/or products, that are legally protected or subject to third party rights (e.g. copyright), without express permission; and
• making publicly available works that are protected by third-party intellectual property right, or other copyright-infringing activities, in particular via the use of internet exchange platforms or file-sharing services.

9. Furthermore, irrespective of any possible contravention of law, when uploading content on the internet, or when communicating with other users the following activities are prohibited:

• bulk transmission of large volumes of data and in particular their sustained transmission;
• hosting a web server or any other kind of server through use of the Hotspot;
• changing the default DNS servers in the network settings of the Hotspot;
• sending junk or spam mails as well as chain letters;
• distributing viruses, trojans or other malicious files;
• distributing offensive, indecent, sexual, obscene or defamatory content or communication, as well as any content or communication that could be used to endorse or promote (whether explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities; and
• requesting other users or third parties to reveal their passwords or personal data for commercial or unlawful/illicit purposes;

10. Any activity that may serve to impair the smooth operation of the Hotspot, in particular anything that puts an excessive load on the systems is expressly prohibited.

11. We may block your access to the Hotspot temporarily or permanently if we have concrete grounds for suspecting that you are, or have been, in violation of these terms and conditions of use and/or applicable laws, or if we have any other legitimate reason to do so.

12. Exemption from liability:

• You are fully responsible for all your activities related to the use of the Hotspot and the connected access to the internet.
• You hereby indemnify us on first request from all third-party claims against us due to a violation of these terms of use and/or applicable laws, and against any claims made due to infringement of third-party rights (in particular personal, copyright, and trademark laws).
• In the event of claims arising from an infringement of third-party rights, you are obliged to cooperate immediately and fully with the fact finding process, and make readily available to us any information required.

13. Limitation of liability

• (1) We will assume unlimited liability for all damages caused by us due to willful intent or gross negligence.
  (2) In the case of light negligence, we will assume unlimited liability in the event of damage to health, personal injury, or death.
  (3) Otherwise, we will assume liability to the extent that we have breached essential conditions of use. In these cases, liability is limited to compensation for foreseeable damages, typical for the use in accordance with these terms.
  (4) Insofar as our liability is excluded or limited according to the aforementioned regulations, this also applies to our representatives or vicarious agents.

14. Data protection

• (1) We shall ensure that your personal data will only be collected, stored and processed to the extent necessary for providing any of the agreed services, and as permitted or required by law.
  (2) In order to provide you with the Nemetschek Wireless LAN Guess Access, personal data from your end device is required. This means that the IP address and/or MAC addresses of user devices may be collected and stored. We may also record the nature and amount of use of the Hotspot. We may keep such data for a retention period of up to 365 days. These data cannot be traced back to you personally.
  (3) All personal data is exclusively collected for the purpose of enabling your access to the internet, for security and fraud prevention and to monitor compliance with these term of use.
  (4) Any declarations of consent under data protection law obtained from you in the context of the use of the Hotspot may be revoked by you at any time with effect for the future.

14. Final provisions

• (1) The law of the Federal Republic of Germany shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods.
  (2) If you are a merchant, corporate body under public law, or a public separate estate, then our office is the exclusive place of jurisdiction for all disputes arising in connection with this agreement.
  (3) Should individual provisions of these terms of use be, or become, invalid, this shall not affect the validity of the remaining provisions