Terms of Use Agreement For MDRM V10

PiLog SE, together with its subsidiaries (collectively PiLog ) created and maintain the PiLog website (including all related PiLog websites, collectively PiLog ) and other websites added to PiLog from time to time to provide a repository where you ( You or Your ) and other PiLog software experts, developers, users, and other interested parties (each, a User and collectively, Users ) may obtain and share information around PiLogs products and services, and other topics found on PiLog. If You are accessing and/or using PiLog on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company ), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement ( TOU ) and everywhere in this TOU that refers to You or Your, shall also include Your Company.

Unless otherwise agreed to in a separate signed agreement between Your Company and PiLog, Your access and use of the PiLog.com, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on PiLog.com (any Services ), are subject to this TOU. Additionally, Your use of the PiLog.com, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms ), which may be posted on the PiLog.com where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms ) form a legally binding agreement between You and PiLog regarding Your access and use of the PiLog.com, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using PiLog.com, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use PiLog.com. Your access and use of any PiLog software or related documentation provided on PiLog.com (together PiLog Software ) shall be subject to a separate software license agreement made available to You at the time You access or download the PiLog Software.

PiLog reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the PiLog and/or the Services at any time. PiLog will notify You of any changes to this TOU when You visit the PiLog, or via email, or by providing You with information on such update and updating the TOU which can be viewed via the Terms of Use link. PiLog may make changes to its products, service offerings, the PiLog, and/or the Services and PiLog Software at any time without notice.

THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING TERMS OF USE WHICH IS INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING THE PiLog.

Unless otherwise agreed to in a separate signed agreement between Your Company and PiLog, Your access and use of the PiLog, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on PiLog (any Services ), are subject to this TOU. Additionally, Your use of the PiLog, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms ), which may be posted on the PiLog where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms ) form a legally binding agreement between You and PiLog regarding Your access and use of the PiLog, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using PiLog, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use PiLog. Your access and use of any PiLog software or related documentation provided on PiLog (together PiLog Software ) shall be subject to a separate software license agreement made available to You at the time You access or download the PiLog Software.

• Except for Web sites within PiLog which are clearly identified as non-public (each a Non-Public), the PiLog is intended to be a public forum subject to the terms of this Agreement and You agree not to provide PiLog or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to PiLog will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
• You agree not to reproduce any Confidential Information to which you are provided access through the PiLog in any form except as authorized at the time of disclosure. Any reproduction of PiLog Confidential Information shall remain the property of PiLog and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of PiLog. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with PiLog Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which PiLog or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of PiLog, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.

ALL UPLOADS BY YOU INTO PiLog, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND PiLog TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF PiLog.

You understand and agree that PiLog collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to PiLog's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), PiLog may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement.

You agree that PiLog may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of PiLog, Users, and the public.

YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE PiLog PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE COMPRISING THE PiLog.

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use PiLog to infringe the Intellectual Property Rights of PiLog or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of PiLog Software, third party software, or any Content accessed on the PiLog. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

You agree to comply with the terms of the above PiLog Copyright Policy and those terms found by clicking on Copyright/Trademark at the bottom of the home web page comprising the PiLog.

PiLog is only responsible or liable for the Content posted on the PiLog to the extent required by the German Telemedia Act (Telemediengesetz, TMG). PiLog may contain links to external Web sites and information provided on such external websites by PiLog partners and third-party service providers. PiLog shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that PiLog shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on PiLog (any Content ), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.

Subject to any licenses You grant to PiLog pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the PiLog to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.

By transmitting or uploading Content to PiLog, You grant PiLog a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to PiLog that You have the right, title, and/or authority to grant such license to PiLog. PiLog may elect not to post or publish the Content that You send or upload. If PiLog elects to post or publish the Content, PiLog may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.

All Intellectual Proprietary Rights to any PiLog Software and the Services shall belong to PiLog. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any PiLog Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to PiLog any modifications or derivative works of any PiLog Software made by You in contravention of this limitation.

You are permitted to access PiLog and Use the Services Content and PiLog Software solely for Your personal, informational, non-commercial purposes.

In the event You are in material breach of the Controlling Terms, PiLog may, at its sole discretion refuse You any current or future use of PiLog. PiLog may remove any Content posted on PiLog at PiLogs sole discretion. PiLog shall not be liable to You or any third party for any termination or change to PiLog and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of PiLog or any other Users computer system, PiLog may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.

You agree not to use PiLog to:

publish, upload, post, email, transmit or otherwise make available any Content that

• You do not have the right to make available
• is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• infringes any Intellectual Property Rights of any party,
• includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or
• contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;

1. defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
2. impersonate any person or entity, including, but not limited to, an PiLog official, PiLog employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
3. forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
4. download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
5. interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
6. violate any applicable local, state, national or international law and any regulations;
7. harvest, collect, or store personal information or data of other Users.

PiLog Software made available to download from PiLog is the copyrighted work of PiLog. Use of the PiLog Software is governed by a software license agreement (License Agreement) which accompanies or is included in such PiLog Software. You may not use or install any PiLog Software which is accompanied by or includes a License Agreement until You first agree to the terms of the License Agreement. Any copying, reproduction, or redistribution of the PiLog Software not in accordance with the License Agreement is expressly prohibited. You must not modify, decompile, or reverse engineer any PiLog Software, except to the extent expressly permitted by applicable law. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of PiLog Software or from any Content accessed on PiLog.

You agree to indemnify and hold PiLog, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the PiLog or Services, Your breach of this TOU or PiLog's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.

PiLog, Content, and Services are being provided to You AS IS. PiLog does not guarantee or warrant any features or qualities of the PiLog, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to PiLog, Content, Software or Services in promotional material or on PiLog and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published PiLog description of or advertisement except to the extent PiLog has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of PiLogs management.

PiLog does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the PiLog, or the content obtainable on such web-pages or (ii) any information provided by third parties on PiLog. PiLog only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the PiLog evidently contains illegal contents or infringements against intellectual property rights. PiLog will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. PiLog shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by PiLogs willful misconduct, gross negligence or PiLogs failure to fulfill its duty to review as stipulated herein.

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, PiLog AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PiLog HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE PiLog, PiLog SOFTWARE, OR SERVICES;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY PiLog SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE PiLog;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE PiLog; OR
• ANY OTHER MATTER RELATING TO THE PiLog OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY PiLog AND IN CASE OF PiLogS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

• This site is created and controlled by PiLog in Germany . Except as set forth in Section 15 B., the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
• In the event You access or Use PiLog from the United States, matters related to access and Use of PiLog and these TOU shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, PiLog or Content shall be instituted in a state or federal court in San Francisco, California. You and PiLog agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or PiLogs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.

The failure of PiLog to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.