Terms of Use of Data Quest AG («DQ»)
We are pleased that you have found your way to our DQ website https://www.dq-automate.com (hereinafter referred to as “DQ Website”). We hope that you too can benefit from our offer to use our patch management platform efficiently, easily, and safely. Please take a little time to read this information carefully. If you wish, you can also create a printout or save these terms and conditions by clicking on them.
Use of the DQ Website and the “DQ AutoMate” platform provided on it is permitted exclusively based on the Terms of Use as set out herein. DQ reserves the right to amend, supplement or replace these Terms of Use at any time. By logging in, or, if a separate log-in is not required, by commencing use, you unconditionally accept the validity of these Terms of Use in their then current version. If you have reservations or reject individual or all provisions of this document, you must stop using it immediately. The use of the DQ website and the information, services, software and/or documentation made available for use directly or indirectly on it is at your own risk. DQ does not verify the legality of your legal transactions, but rather requires you to do so. If you use this website or its content, you confirm that you are sufficiently authorized and that you legally bind your company and yourself.
Due to the nature of the Internet and computer systems, DQ does not warrant the uninterrupted availability of the DQ Web Site and its contents. Furthermore, DQ reserves the right to discontinue, restrict or modify the operation or provision of the Website and the services provided or made available for use on it in whole or in part at any time and without further notice.
All information published by DQ is made available to you free of charge, unless DQ expressly sets prices for it, which you are required to pay. Every customer may use the information and services offered for internal purposes only, may not transfer, pass on, sell, rent, license, modify, supplement, combine or otherwise dispose of the information and services in any way, exploit, distribute or decompile, manipulate, modify or decrypt the DQ solution. Any further use, including future (currently unknown) types of use, as well as the reproduction of information or services, their integration in publications, marketing or websites of any kind is only permitted with the prior written consent of DQ. DQ points out that the content, information and services may be subject to property rights (in particular company, name and trademark rights as well as copyrights and other industrial property rights), which remain with DQ (or the authorized third party) without exception.
With the use of the DQ Website or its contents, the Customer shall furthermore ensure that it (i) is not exposed to any third party rights through the use of or actions associated with the use of the DQ Website and its content under no circumstances causes personal injury, violates their personal rights or data protection or otherwise acts unlawfully or criminally, (ii) does not offend common decency, (iii) respects intellectual property rights, copyrights and any other property rights, (iv) does not contain content with viruses or Trojan horses, (v) enters, stores or sends hyperlinks or contents which the Customer is not authorized to enter, store or send, in particular if these hyperlinks or contents are in breach of confidentiality obligations, illegal or contrary to contract, or if they are used in violation of the law or are simply deliberately false. Furthermore, the Customer shall refrain from doing anything that could disturb, restrict, endanger, or make impossible the functionality, use, condition, or security of the DQ Website and its content, in particular the “DQ AutoMate” solution.
All of the elements used on the DQ Website, such as texts, photos, graphics, illustrations, procedures, logos, trademarks and other elements are subject to protection for intellectual property rights (including copyrights that are not entered in a register). The rights are with DQ or with third parties. The use of these protected elements in any form by unauthorized third parties is prohibited without the prior express consent of DQ. The Customer acknowledges that misuse of such rights may result in royalties and damages.
All information and content provided by DQ has been researched, compiled, prepared with great care and to the best of its knowledge and belief and, where it originates from third parties, has been duly licensed. However, the Customer remains responsible for checking the accuracy, completeness and up-to-dateness of the information and services provided.
The DQ Website may contain links and/or other references to third party websites. DQ shall have no liability for the contents of such third-party websites and does not make representations about or endorse such websites and/or their contents as its own, as DQ has no influence on the contents and information on such third-party websites and does not regularly monitor them. Likewise, DQ shall not be liable for the quality, accuracy and/or completeness of third-party information to the extent that such information is expressly provided on the DQ Website as third-party information. This also expressly applies to all information and content provided by DQ sales partners on the DQ Website.
The use of any software or services provided by DQ is subject to the applicable license terms of the authorized provider, the respective manufacturer (license agreement) and these Terms of Use. The relevant terms and conditions – insofar as they are not contained here – are transferred with the corresponding software as a file, contained in a link or are available on request from the respective manufacturer or the authorized provider of the software. By using the software or the services offered by DQ, the Customer accepts all provisions of these Terms of Use and the relevant license agreements in full. The Customer is responsible for procuring the necessary applications at his own expense and keeping them up to date.
Although DQ endeavours to keep the DQ Website and its contents free from malware, DQ cannot make any representations or guarantee that the DQ Website and its contents are free from viruses or other malware. Prior to using services, information, software and documentation, the Customer shall be solely responsible for ensuring that all security, technical and organizational measures have been taken.
The Customer is solely responsible for protecting any password issued for the use of the DQ website from misuse. If the Customer becomes aware that his password has been inadvertently disclosed to unauthorized persons or third parties or that there is any other risk of misuse, he shall notify DQ immediately. DQ shall then take appropriate measures to block the password concerned. Irrespective of this, DQ shall not be liable for damages arising from any misuse of passwords, unless such misuse was caused by gross negligence or intent by DQ. Furthermore, DQ shall be entitled to revoke or limit access authorization at any time by blocking the access data without having to state reasons for doing so.
All warranty rights of DQ to all information, services, software and/or documentation are excluded to the extent permitted by law. In particular, DQ is not responsible or liable for ensuring that the DQ Website and/or the “DQ AutoMate” solution is available at all times or without interruption, that the hoped-for results are achieved, that functions are error free, that the customer’s expected efficiency or savings potential is realized, that stability, availability or performance is granted or that service levels or KPIs (Key Performance Indicators) are otherwise observed or granted. DQ makes no explicit or implied representations, warranties or covenants whatsoever on this Website or with respect to the services (or documentation of any kind). All statements and information made by DQ, regardless of the form in which they are transmitted, are non-binding. Any warranty or liability of DQ due to incompleteness, lack of up-to-dateness, limited functional scope or any kind of faults and errors of the information and services, as well as liability for any consequences of a possible misinterpretation by the Customer of the information and services provided is excluded to the extent permitted by law.
Irrespective of the legal grounds, DQ shall not be liable for direct or indirect damages incurred by the Customer as a result of a defect, disruption, breach of contract or violation of the law by DQ. Excluded from the limitation of liability are personal injuries and damages as well as damages caused to the Customer by DQ intentionally or by gross negligence. DQ shall not be liable for indirect and consequential damages, in particular lost profits, lost sales, lost benefits, loss of production, interruption of operations, additional costs, additional expenses or loss of data, unless such liability exists under mandatory law. Each Party shall be liable for its employees, officers and auxiliary persons. The limitation of liability is equally applicable to test, integration and productive uses. DQ is entitled to suspend or discontinue the services at any time, in whole or in part, without being liable for costs or damages, in particular if (i) official or judicial orders have been issued, (ii) a Customer violates the provisions of these Terms of Use or (iii) it appears necessary to protect the platform, any kind of interest of DQ or Customer’s security.
The DQ Website and services are only operated and administered in and for countries in which DQ has a branch office or an Affiliate. DQ makes no representation that information, services, software and/or documentation of DQ are appropriate or available for viewing, downloading, using, importing, exporting, storing or using (with or without restrictions and/or additional costs) in locations outside such country. Customers who wish to access the DQ Website and use services, software and/or documentation from locations outside such country are solely responsible for compliance with all applicable local laws and for obtaining all necessary consents, permissions, and rights. Access to or use or application of DQ information, services, software and/or documentation from countries in which such activities are illegal is expressly prohibited by DQ.
For all questions and disputes arising of or in connection with these Terms of Use, the DQ Website, the information, services, software, documentation and/or DQ AutoMate, Swiss law shall apply exclusively. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention) as well as the provisions of conflict of laws are excluded. The place of jurisdiction is the registered office of Data Quest AG. Mandatory jurisdiction in accordance with the law on jurisdiction (SR 272) is reserved.
® Data Quest AG
September 2020
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