These Terms and Conditions of Use (the Terms and Conditions) apply to the PROCAM Web-site www.procam-software.com and all associated sites linked to this Web-site (collectively, "PROCAM Web-Site"). The Web-Site including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by PROCAM from time to time (collectively, "Terms and Conditions") is the property of PROCAM.

By Using this Web-Site downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.

For those Materials made available for download from this Site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). PROCAM is not a party to such Third Party Agreements and PROCAM's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

Terms

PROCAM may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law. No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty.

Trademarks & Logos

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of PROCAM and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or implied any license or right to use any PROCAM trademark, service mark or logo used or displayed in the Materials without the prior express written permission of PROCAM. When used with PROCAM's permission, all trademarks must be identified as trademarks of PROCAM using the appropriate symbol at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of PROCAM in a footnote at the end of the communication.

User Submissions

No ideas, material, computer code, information or other communication you submit or post to the PROCAM Web-Site shall be considered confidential or proprietary. Especially no information, ideas and material provided by you in PROCAM`s product enhancement voting system or any other forum on this Web-Site will be considered confidential or proprietary. All such material becomes the sole and exclusive property of PROCAM, which is entitled to use such material for any purpose without restriction or compensation.

Ownerships & Copyrights

The copyright and ownership interests in all Materials is held by PROCAM and its suppliers and is protected by laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Linked Sites

The PROCAM Web-site may link to other sites not controlled by PROCAM. We are not responsible for the privacy or security practices of any other Web sites and make no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-PROCAM sites or materials does not imply that PROCAM endorses or accepts responsibility for the content or use of such sites or materials. PROCAM mentions third party products and services for informational purposes. PROCAM makes no recommendations or endorsements about any third party products or services.

Access to Secure Areas

PROCAM may restrict some areas of the Web-Site to authorized users only. Access to and use of areas of the Web-Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PROCAM OR ITS SUPPLIERS BE LIABLE UNDER WHATEVER THEORY OR BASIS OF LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, DAMAGES, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PROCAM WEB-SITES AND THE MATERIALS SUPPLIED THEREWITH.

General

PROCAM makes no representation that the Materials are appropriate for use. Any claim relating to the Materials shall be governed by and constructed in accordance with the laws of Austria with the exception of the U.N. Convention on Contracts for the International Sale of Goods. The competent courts of Vienna, Austria shall have jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with this Terms and Conditions. Place of jurisdiction is Vienna, Austria. The invalidity or unenforceability of one or more provisions of this Terms and Conditions shall  have no effect on the validity and enforceability of the remaining provisions. The invalid or unenforceable provisions shall be deemed replaced by valid and enforceable provisions expressing as closely as possible the original commercial intentions of the parties which were pursued by the invalid or unenforceable provisions.