Wonderware Development Studio – terms of use

TERMS OF USE FOR WEB ONLINE SERVICE

This “User Agreement” document constitutes the “Klinkmann Oy” (hereinafter – the “Administration”) offer to conclude an agreement on the explained below terms of the Agreement.

1. GENERAL PROVISIONS OF USER AGREEMENT

1.1. In this document, and arising out of it or related to it the relations of the Parties, the following terms and definitions are used:

a) Platform – a software and hardware, integrated with the Administration Site.

b) User – capable person that has acceded to this Agreement in its own interest or acting on behalf of and in the interests of the represented legal entity.

c) Administration Site / Site – Internet sites hosted on www.klinkmann.com and its subdomains.

g) Service – a set of services and license, provided to the User for the use of Platform.

d) Agreement – this agreement with all its additions and changes.

1.2. Your use of the Service by any means and in any form within its declared functionality, including:

viewing materials hosted on the Site,
registration and/or login to the Site,
posting or displaying any materials on the Site, including but not limited to such as text, hyperlinks, images, audio and video files, data and/or other information, creates an agreement on the terms of this Agreement in accordance with the laws of Finland on the protection of intellectual property.

1.3. Using any of the possibilities for using the Service, you agree to the above, that you:

a) Familiarize yourself with the terms of this Agreement in full before using the Service.

b) accept all the terms of this Agreement in its entirety without any exceptions or restrictions on your part and you agree to comply with them or stop using the Service. If you do not agree with the terms of this Agreement or do not have the right to conclude a contract based on them, you should immediately cease all use of the Service.

c) Agreement (including any part of it) can be changed by the Administration without any notice. The new version of the Agreement shall enter into force on the date of its posting by Site Administration or bring to the attention of the User in a convenient form, unless otherwise provided by the new version of the Agreement.

2. TERMS AND CONDITIONS OF SERVICE USE

2.1. Using the functional capabilities of the Service is permitted only after the passage of the User’s registration and authorization in accordance with the procedure established by the Administration.

2.2. Technical, organizational and commercial conditions for the use of the Service, including its capabilities are communicated to the Members by separate posting on the Website or by notification to Members.

2.3. Selected User login and password are the necessary and sufficient information for the User access to the Site. User has no rights to pass his/her login and password to third parties, and is fully responsible for their safety, by choosing own way of storing them.

3. LICENSE TO USE THE SITE AND THE PERMISSIBLE USE OF THE SERVICE

3.1. Administration provides to registered and/or authorized User the gratuitous rights to use the Platform and Administration Site under a simple (non-exclusive) non-transferable license within the functional capabilities of the Service.

3.2. Administration has the rights to set the limits on the amount and composition of information materials hosted by User, as well as to introduce other technical restrictions on the use of the Platform, and (or) Administration Site, which from time to time be communicated to the Members in the form and method selected by Administration.

3.3. Using the Platform, and (or) the Site Administration by other means is strictly prohibited.

4. USER WARRANTY

By accepting this Agreement, you confirm and warrant that:

4.1. You have all necessary rights and authority to enter into Agreement for the use of the Service and its execution;

4.2. Use of the Service by you will be solely for the purposes permitted by this Agreement, in compliance with its provisions, as well as the requirements of applicable law and generally accepted practices;

4.3. You will not take any actions that are in conflict or interfere with the Service or the relevant equipment, network, or software, which is available via the Service;

4.4. Your use of the Service for specific purposes does not violate the property and/or moral rights of third parties, as well as prohibitions and restrictions imposed by applicable law, including but not limited to: copyright and related rights, trademark rights, service marks and appellations of origin, the right to industrial design, the right to use images of people, your provided materials do not contain any information and/or images that offend the honor, dignity and business reputation of individuals, are advocating violence, pornography, drugs, racial or ethnic hatred, and you have all the necessary permissions obtained from authorized persons in connection with the use of such materials.

5. LICENSE TO USE CUSTOM MATERIALS

5.1. By accepting this Agreement, you provide at no cost to Administration the right to use (permission to use) the materials that you add (place or translate) to the Administration Site.

5.2. Specified rights and/or authorization to use the materials are provided to Administration at the time of addition such materials by you to the Administration Site for the duration of exclusive rights to intellectual property or non-property rights protection for the specified materials for use in all countries of the world.

5.3. Within provided by Administration simple (non-exclusive) license, it is permitted to use the materials in the following ways:

 play materials, i.e. make production of one or more copies of the materials in any form, as well as to record the materials to the electronic memory device (the reproduction right);
 distribute copies of the materials, i.e. provide access to material reproduced in any form, including access via network, and in other ways, as well as by selling, renting, leasing, lending, including import for any of these purposes (right of distribution);
 publicly display the material (right of public display);
 publicly perform the material (right of public performance);
 report materials in such a way that any person may have access to them in an interactive mode from any place and at any time of your choice (the right of communication to the public);
 modify the materials, i.e. make adaptation or other transformation of materials, including the transfer of materials from one language to another (right of adaptation);
 the right to transfer all or part of the obtained right to third party (the right to sublicense).

6. RESTRICTIONS

BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT: 

6.1. Relations between the Parties on provided Service is not a subject to the application of the provisions of the legislation on consumer protection.

6.2. Service is provided “as it is”, in connection with which you do not have any guarantee the Service will fully meet your requirements.

6.3. All responsibility for the content and its compliance with the requirements of the applicable law shall be the person who created these materials and/or added it to the Administration Site.

6.4. The Administration has nothing to do with the materials provided and/or hosted (including broadcasted) by Users, and does not check the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of applicable law, and if the User has the necessary permissions to use them.

6.5. In particular, you may not use the Service for:

 placement and/or distribution of infringing material;
 placement and/or dissemination of pornographic materials, as well as pornography and child erotic materials and advertising of sexual services;
 placement and/or dissemination of any other prohibited information, including materials of extremist nature and aimed at suppressing human rights and freedoms on grounds of race, nationality, religion, language and gender, to incite the commission of acts of violence against the person, or to inhuman treatment of animals, calling to commit other illegal acts, including clarifying the procedure for the manufacture and use of weapons, drugs and their precursors, etc .;
 predominantly or exclusively provide links to other sites;
 distribution of promotional materials for personal messages to other users without their prior consent to receive them (spam);
 restrictions by password or otherwise access the files posted on the website of the Administration or the broadcasting on it.

6.6. Despite the ban, by using the Service you can get the materials, which may find offensive or obscene, or in other form violating the applicable law, the rights and/or interests of third parties.

6.7. In case of violation of your rights and/or interests in connection with the provision of the Service, including the illegal placement of materials to other users, you should inform the Administration. To do this, you must submit a written notice to Administration detailing the circumstances of the breach, and hypertext links to pages containing content that violates your rights and/or interests.

6.8. In the event of any claims of third parties in respect of breach of any of the property and/or moral rights of third parties, as well as the legislation bans or restrictions, you must at the request of Administration pass a formal identification, giving to Administration notarized obligation to settle claims by your own expenses with indication of your personal data.

6.9. Management reserves the right to remove any material from the Site or temporarily restrict access to them unilaterally without explanation of reason.

6.10. In case of repeated or gross violation of the terms of this Agreement and/or the requirements of the legislation, the Administration reserves the right to block your account (record) completely, remove it, or otherwise limit (stop) the Service.

6.11. In case involving the Administration to be responsible or imposing penalties on it in connection with the admitted violations of your rights and/or interests of third parties, as well as the legislation bans or restrictions, you must fully compensate the Administration losses.

6.12. Administration is not responsible for the use of someone else the publicly available personal data of User.

6.13. In all circumstances, the responsibility of the Administration is limited to 30 (thirty) EUR and is assigned to it solely in the presence of Administration’s guilt actions.

7. NOTIFICATIONS

7.1. You agree to receive from Administration to the specified in your profile on the Site e-mail address the information (hereinafter – the “notification”) of important events taking place within the Site or in connection with it.

7.2. Administration may use the notifications to inform the User about the capabilities of Platform and (or) the Site and/or about the changes in deployed there information.

8. TERMS AND CONDITIONS OF PERSONAL DATA

8.1. Joining the terms of this Agreement, you give this written consent for automated processing of personal data provided in order to conclude the Agreement on the terms of this Agreement and its subsequent implementation.

8.2. In cases permitted by the functionality of Service, you yourself define the accessibility of your personal data to other users of Internet.

8.3. You acknowledge and agree that if you host your personal data by using the Service, in the way providing them possibility to be received by Internet users, your personal data is considered as public. You also realize that your personal data is considered as public in cases when in accordance with the law they do not apply to the requirements of confidentiality.

9. OTHER CONDITIONS

9.1. Registered User determines the conditions and procedure for the use of his/her created account (profile), which, however, under no circumstances cannot be contrary to this Agreement.

9.2. Applicable right. This Agreement, the procedure for its conclusion and execution, as well as issues that are not regulated by this Agreement is governed by the current legislation of Finland.

9.3. Arbitration. All disputes under this Agreement or in connection with it are subject to judicial review at the location of the Administration in accordance with the law of Finland.

9.4. Changes. This Agreement may be modified or terminated by the Administration unilaterally without prior notice and without payment of any compensation in this regard.

9.5. Revision of the Agreement. The current version of this Agreement posted on the Administration Site, and is available on the Internet at: www.klinkmann.com.

Revision of 15th of June 2016