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Terms and conditions

1. Introduction

This service is provided as an offering by Exasol Europa Vertriebs GmbH (“Exasol” or “we”). Subject to availability and functionality of the service, you may use it under the terms hereof (we explicitly reject any other terms and forbid use outside of these terms).

2. Registration

You commit to use valid data for your registration and may not, in any case, pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

3. Use of our service

You may use our systems solely for the purpose of doing trainings offered here. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the service or infrastructure.

You are only allowed use within reasonable limits and are, besides others, explicitly not allowed to any automated mass use.

4. Forbidden Use

You may not use the service, any content or infrastructure relating to it for any purpose prohibited hereunder or unlawful. You commit not to solicit the performance of any illegal activity or other activity which infringes the rights of Exasol or others.

By registering as well as by each access to the service, you commit not to:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, trojan horse, or any other program that could damage data or misuse computer systems;
  • transmit, store or upload hyperlinks or contents which may not be made to third parties, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

You may not attempt to gain unauthorized access to any portion or feature of the service, or any other systems or networks connected to our service or servers, or to any of the services offered on or through our service, by brute force actions, hacking or any other illegitimate means. You may not scan, probe or test the vulnerability of our service or any network connected to it, nor breach security or authentication measures.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our service or any transaction being conducted on the service, or with any other person’s use of the service.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to our service or any other part of our infrastructure.

In case you breach any of the provisions herein, we may, but do not need to, terminate the contract with you and remove your account. For such cases, you commit not to re-register.

5. Data and Reliability

Exacademy contains data made publicly available by different data providers and you agree not to hold us, any of our affiliates or suppliers or any such provider liable in for any mistake, inconsistency of incomprehensiveness or any other alleged or factual fault in the data.

Please note that none of the aforementioned persons can take over any responsibility whatsoever regarding the validity and comprehensiveness of the data and make no representation of any kind regarding it. It is solely your responsibility to determine whether the data is suitable for your use.

6. Intellectual Property and Copyright

All Exacademy contents (e.g. documentations, videos, training materials, tests, solutions and presentations) are fully protected by Copyright and Intellectual Property law. Unless expressly permitted, the contents may not be copied neither in whole or in part (i.e. by producing comparable products etc.), stored, edited, transferred, published or made available to third-persons in any other way (e.g. by distribution of a link leading to the content).

In case of your violation of this clause so that Exacademy content gets available to the public, you have to pay a contractual penalty in the amount up to EUR 10.000. Save for the rights of use and other rights expressly granted herein, we grant you no other rights and are neither explicitly nor implicitly obliged to grant any further rights. Any and all patent rights and licenses are expressly excluded.

7. Disclaimer and Liability

We have only very limited influence on our user’s activities on our services and consequently cannot take any responsibility in that regard. WE TRY TO KEEP THE SERVICE SAFE, UP AND AVAILABLE AND FREE OF BUGS, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ANY SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT IT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ANY AMOUNTS YOU PAID US FOR THE SERVICE OR ONE HUNDRED EUROS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. This does not limit liability where it is mandatory under applicable laws (e.g. in cases of product liability, death, bodily or health injury and in cases of gross negligence or willful misconduct).

8. Indemnification

Should anyone bring a claim against Exasol based on or relating to your actions and/or omissions in conjunction with the service, or content/information you enter in the service, you will indemnify and hold Exasol harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related thereto.

9. Exasol Group

All limitations of liability and indemnification provisions also apply to the benefit of our affiliated companies as to § 15 of the German Stock Code (Aktiengesetz) as well as our suppliers and partners. We may deliver the service by using such companies and may share any data with any of these. In delivering the service, we may also make use of third party providers.

10. Change of Conditions; Termination

Exasol reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, or to terminate your use of the service or provision of the service in general. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as these Terms of Use are in place and we have not terminated you, Exasol grants you a personal, non-exclusive, non-transferable, limited privilege to use the service.

11. Applicable Law, Jurisdiction; Written Form Requirement

These terms of use and our relation regarding the system are exclusively governed by the laws of the Federal Republic of Germany, without giving effect to the UN Convention on the International Sale of Goods. Where an agreement regarding the legal venue is permissible under applicable laws, all disputes are exclusively resolved at the courts of Nuremberg, Germany. Any change to these terms requires written form; this also applies to waivers of the form requirement.