Applicability of Terms and Conditions
Services by Prewave
Right of Use
1. Prewave grants the customer a non-exclusive, non-transferable and non-licensable right to use the provided services (Prewave Alerts), which shall be limited in the following ways:
2. Any additional uses beyond the aforementioned limitations shall not be permitted without the prior written consent of Prewave (which Prewave is free to withhold), in particular:
3. The service (including Prewave Alerts) contain elements and content which do or may enjoy protection (pursuant to e.g. Copyright and Allied Copyright Law, Trademark Law, Patent / Utility Model Law, Design Law, Competition Law or other laws) for the benefit of Prewave,co-operation partners of Prewave or third party data providers. Prewave,its co-operation partners and third party data providers expressly reserve(s) any and all rights in and to the same. Any use of these elements and content (or parts thereof), extending beyond what is necessary for using the service (including Prewave Alerts) by the customer under normal circumstances, is inadmissible without the prior written consent of Prewave. This applies in particular, but without limitation, to the software, names, characters, trademarks and other marks/signs, content, layout, design and interface of the website of Prewave, databases, videos, photographs, texts and graphics.
4. If the customer violates the rights of use granted herein, Prewave shall have the right to terminate this Agreement immediately for cause without prior notice. In addition, Prewave shall be entitled to seek liquidated damages of up to a local currency equivalent of EUR 10,000 (in words: Euro ten thousand) for each individual violation under this contractual relationship. The customer has the right to prove – and shall bear the burden of proof – that exceeding the limits of the rights of use did not cause any damages or only caused lesser damages. Prewave reserves the right to take judicial and non-judicial action if actual damages are higher, irrespective of its demand for liquidated damages and, if appropriate, in addition to such demand.
Liability and Warranty
Duration of the Agreement
Place of Performance, Jurisdiction, Applicable Law
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