Terms of use – Design Selector

 

1.            Preamble
Sattler SUN-TEX GmbH, Sattlerstraße 45, 8077 Gössendorf, Austria, (“Sattler”) is part of the Sattler Group.
The Sattler Group is owner of the application “Design Selector”. The Design Selector is an easy and safe method for end customers to preselect their favourite design. For optimal assessment, the various awning fabrics are matched with various house types and façade colours. This helps the end customer to get a first impression on how its awning might look when assembled in place.
Sattler offers other companies (“Partner”) to use the Design Selector for the implementation of its products or to implement the Design Selector on its website. These Terms and Conditions govern the use of the Design Selector by Partner.
2.        Subject matter
Partner may use the Design Selector by implementing it into its own website for use by end customers, subject to these Terms and Conditions. Reasonable additional terms of use may apply, as stipulated or amended by Sattler at any time in its own discretion.
3.        Fees
The rights granted to Partner under these Terms and Conditions are currently free of charge. Sattler reserves the right to introduce fees for use of the Design Selector in the future.
4.        Warranty
Partner acknowledges that the Design Selector is provided with due care. However, it is not possible to entirely avoid errors, infringements by third parties or mistakes in the application or in the content. The Design Selector is thus provided “as-is”. As the rights to use the Design Selector are granted for free, any warranty rights of Partner are excluded. Sattler can – also in consideration of the risks of the internet – not warrant the accuracy, reliability, quality, suitability, safety, completeness and timeliness of the application and does particularly not warrant that the Design Selector will work uninterrupted, is fit for a specific purpose or to be error-free, has a specific server capacity or similar characteristics.
Partner accepts responsibility for the selection of the Design Selector to achieve its intended results and acknowledges that the Design Selector has not been developed to meet the individual requirements of the Partner.
5.        Liability
The Design Selector is provided “as-is”. As the rights to use the Design Selector are granted for free, Sattler’s liability for slight and gross negligence is excluded, except for personal injury or in case of product liability claims under the Austrian Product Liability Act (Produkthaftungsgesetz). Further, liability for indirect damages, loss of profits or loss or corruption of data is excluded.
Irrespective of any other provisions of these Terms and Conditions, Sattler’s liability for damage suffered by Partner due to improper use of the Design Selector or use of the Design Selector contrary to these Terms and Conditions are excluded.
Partner shall fully indemnify and hold Sattler harmless for all damage caused by Partner or claims raised by a third party due to use of the Design Selector by Partner or the implementation of Design Selector in its website. This particularly also applies to Partner’s improper use of the Design Selector or use of the Design Selector contrary to these Terms and Conditions.
6.        Updates, Upgrades, Maintenance and Support
Updates, upgrades, maintenance or support to the design selector are not owed by Sattler. In case Sattler updates or upgrades the Design Selector, it may become unavailable for a specific period of time. Sattler does not have any obligation of notifying Partner of such downtime in advance and may initiate maintenance works at any time without prior notice.
Sattler currently offers voluntary support by the Design Selector Support team, which Partner may contact under design-selector@sattler-global.com with a detailed description of the issue. While the support is currently provided by a Sattler affiliate, no rights arise vis-á-vis this affiliate. Further, Sattler may at any time in its own discretion stop offering such support.
7.        Rights by Partner and Third Party Claims
Partner guarantees and warrants that it owns all rights or has acquired all necessary licenses to all content implemented by it to be used in connection with the Design Selector (e.g. IP rights). Partner shall indemnify and hold Sattler harmless for any claims raised by third parties against Sattler due to Partner’s use of the Design Selector.
In case of third party claims, each Party shall inform the other Party without undue delay.
For the avoidance of doubt, all rights to the Design Selector shall remain with Sattler or its affiliates and no rights are granted to the application Design Selector as such or its source code, which may not be reverse-engineered or otherwise exploited other than explicitly set out in these Terms and Conditions.
8.        Termination
Sattler shall have to right to prohibit any further use of the Design Selector with immediate effect in case the Partner infringes these Terms and Conditions. In this case the Partner has to refrain from using the Design Selector and remove the implementation from its website.
9.        Governing Law
These Terms and Conditions shall exclusively be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the conflict of law rules and the UN Sales Convention. The competent court in Graz, Austria, shall be the exclusively competent court for any disputes.