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VIRTUAL VEHICLE permits the user to use the GSVF website – unless otherwise agreed – solely for non-commercial purposes. The content and the software that is made available to the user are protected by copyright. They may not – unless otherwise agreed – be copied, distributed, hired, leased or used in any other way other than for non-commercial purposes. Any violations may incur consequences relating to trademark, copyright or competition law or other legal consequences. All access rights to works arising from the copyright are – unless otherwise agreed – the sole property of VIRTUAL VEHICLE. A license agreement may, for example, be construed as an agreement with VIRTUAL VEHICLE which states otherwise.
VIRTUAL VEHICLE offers no guarantee of any kind for the correctness, completeness, legality, objectivity or up-to-dateness of the content offered on GSVF website. VIRTUAL VEHICLE reserves the right to conduct adjustments, alterations and deletions to the GSVF website in its entirety and the content presented on it at any time and without notice. No guarantee is offered in particular for the correctness, completeness and up-to-dateness of the content displayed on the GSVF website relating to products or for the availability of the advertised products (goods, services, software etc.). VIRTUAL VEHICLE emphasizes that users in countries where the legislation does not permit such exclusion of guarantee or only permits them to a limited extent, are not affected by this provision (Para. 3) or only affected to a limited extent.
VIRTUAL VEHICLE or third persons or companies who have a business or other relationship with VIRTUAL VEHICLE do not accept – unless expressly otherwise agreed in synallagmatic contracts – any liability whatsoever for damages of any kind (including actual damages, lost profits, damage to data, loss of data, loss of trade, claims as a result of undue enrichment, expenses for legal advice or for drawing up of contract), arising from use of the website, from temporary or long-term inability to use the website (downtime), from limited availability of the website or its content, from incorrect presentation of contents, from the display of third-party contents or from the display of hyperlinks on the GSVF website. VIRTUAL VEHICLE does not accept any liability whatsoever in the event of damage to or destruction of hardware, software and other system data resulting from the use of the GSVF website or its contents. This provision (Para. 4) shall apply irrespective of the legal basis used to make the claim, irrespective of the degree of fault and irrespective of the question as to whether VIRTUAL VEHICLE or the third parties in a business or other relationship with VIRTUAL VEHICLE were or should have been aware of the possibility of damage. In particular, no liability is accepted for contractual or extra-contractual claims. Also, in case of synallagmatic contracts VIRTUAL VEHICLE is only liable in the event of its own intent or gross negligence. Any other liability, especially for indirect or consequential damages or losses, is excluded. VIRTUAL VEHICLE emphasises that users in countries where the legislation does not permit such liability disclaimers or permits them only to a limited extent are in no way affected by this provision (Para. 4) or affected only to a limited extent.
- Application of Law
The GSVF website is supervised, operated and administrated by Kompetenzzentrum – Das virtuelle Fahrzeug, Forschungsgesellschaft mbH which is located in Austria at 8010 Graz, Inffeldgasse 21a. GSVF website and the content it displays are accessible and can be used all over the world, insofar it is not expressly limited to a certain group of persons. VIRTUAL VEHICLE accepts no liability whatsoever for the legality of its website and the content displayed on it from the point of view of other legal systems and their relevant statutory provisions. The use of the GSVF website and its content in countries other than Austria is in the sole responsibility of the user. The user also assumes sole responsibility for complying with the relevant statutory provisions of other legal systems. In particular, users are responsible for observing the respective export regulations when using the GSVF website. VIRTUAL VEHICLE reserves all rights in the event of contraventions and will instigate both criminal and civil legal action in pursuit of legal infringements. The use of the GSVF website is subject to Austrian Law. Sole court of jurisdiction for any claim arising from and in respect of the use of the website, and for any dispute arising in respect of the use of the website shall be that of the headquarters of Kompetenzzentrum – Das virtuelle Fahrzeug, Forschungsgesellschaft mbH. Kompetenzzentrum – Das virtuelle Fahrzeug, Forschungsgesellschaft mbH shall also be entitled to institute legal proceedings at the place of residence or business of the user of the GSVF website.