Terms of Use

I. Introduction

The following terms and conditions and notes are intended to ensure the appropriate use of the 5D-Plugin-Updater web application offered by STRABAG AG as well as associated plug-ins (hereinafter jointly referred to as "Services") by the internal and external users of the website and the Services and to ensure compliance with customary standards of use. By using the SEMOPRH website or the Services or, if a separate log-in is required, by logging in, a user declares his or her agreement with the notices and terms of use.

II. Application

These terms and conditions and notices apply to all users who use the services and for as long as they do so. We recommend that all users keep the notices and refer to them in case of doubt.

STRABAG AG may suspend or terminate the provision of the services to individual or all users if they violate the terms, conditions and notices.

III. Obligations when using the services

Each user agrees not to misuse the services or assist others in misusing them. For example, no user may do, or attempt to do, any of the following in connection with the Services:

  • Examine, scan or test the vulnerabilities or weaknesses of any system or network; or

  • violate or otherwise circumvent or attempt to violate any security or authentication measures; or

  • access non-public areas or portions of the Services or shared areas of the Services to which the user has not been invited; or

  • interfere with, disrupt or disable users, hosts or networks by, for example, sending viruses, worms, Trojan horses, overloading, flooding, spamming, junk mail, chain letters or email bombing any part of the Services; or

  • access, browse or create accounts for the Services by any means other than interfaces or interfaces supported by the Group (STRABAG AG) (e.g., by "scraping" or creating accounts in bulk); or

  • send unsolicited communications, advertisements, solicitations or spam; or

  • send altered, misleading or false sender information to identify the source, including "spoofing" or "phishing" or pretending to be a person or entity that the user is not; or

  • advertise or promote products or services other than its own without proper authorization; or

  • abuse referrals or promotions to obtain more storage space than the user is entitled to; or

  • circumvent limits on storage space; or

  • otherwise sell or offer for sale the Services unless expressly authorized to do so by STRABAG AG; or

  • post or transmit any material or content that is unlawfully pornographic, indecent or contains extreme acts of violence; or

  • advocate discrimination or hatred against any person or group of people on the basis of race, religion, ethnicity, gender, gender identity, sexual preference, disability or impairment; or

  • use the Services to stalk, threaten or harass another person or party; or

  • violate applicable laws in any way, including storing, posting or distributing content that is fraudulent, defamatory or misleading; or

  • post, upload or distribute information that interferes with or violates the rights of third parties, including, but not limited to, privacy or publicity rights; or

  • collect or store personal information without permission; or

  • violate the privacy or rights of others.

Framing of the website is not permitted.

IV. Use of services / data by users

Without the express prior consent of STRABAG SE, users are not permitted to use, remove or change names, logos, taglines or other identifiers of STRABAG AG or group companies associated with STRABAG AG.

All copyrights, trademarks and other intellectual property rights on the website and services (in particular the design of the website, texts, graphics and all software and source codes in connection with the website) are either the property of STRABAG AG, licensed to STRABAG AG or used in other legally permissible ways by STRABAG AG.

By visiting the website and using the services, users confirm that no content will be downloaded, reproduced, transmitted, stored, sold or distributed in any other way without the prior written consent of STRABAG AG as copyright holder. Excluded from this is the downloading, copying and/or printing of pages of the website / data of the services for the intended use, which the users have communicated during their registration (personal and non-commercial use).

V. Rights of use for software made available on the website (plug-ins)

STRABAG AG grants users a non-exclusive, revocable, non-transferable and non-sublicensable right to access and use the software (plug-ins) provided on the STRABAG AG website for personal and non-commercial purposes. Beyond personal and non-commercial use, the plug-ins published on the website may not be modified, copied, reproduced, sold, rented, transmitted, displayed, published, licensed, edited, used, supplemented or exploited in any other way without the express permission of STRABAG AG.

Beyond the rights granted above, no license or right to any other commercial property right or copyright of STRABAG AG is granted to a user, whether by implication or otherwise.

The plug-ins are provided to users free of charge in machine-readable form. A claim to surrender of the source code exists only with respect to source codes of open source software whose license provisions, which take precedence over these Terms of Use in the event of the transfer of open source software, prescribe the surrender of the source code. In this case STRABAG AG shall make the source code available against reimbursement of costs.

VI. Responsibilities / Disclaimer

Users are solely responsible for all data they upload and for any communication for which they use the services. STRABAG AG does not control the use of the services by users. Users agree that they use the services on their own responsibility and at their own risk.

The services and the contents of the website are provided "as is" and on an "as available" basis, without any express or implied warranty or representation by STRABAG AG, in particular STRABAG AG does not warrant or assume any responsibility for the content and accuracy of the data downloaded by a user with respect to the satisfactory quality of the data, the suitability of the data for a particular purpose, the non-infringement of rights by the use of the data, the compatibility of the data and its security, and the security of the services.

STRABAG AG also assumes no guarantee for the functionality of the plug-ins provided or their use for a specific purpose pursued by the user and is not liable for this.

In particular, STRABAG AG will not be liable to the extent permitted by law for any special, consequential, incidental, indirect, exemplary or purely economic damages, including but not limited to lost business, opportunities, data or profits arising out of or in connection with the use of the services / the website. In order to provide the Services effectively and in accordance with applicable laws and the Terms of Use, STRABAG AG may monitor and record a User's use of the Services. Users authorize STRABAG AG to collect, store and use such information, provided that STRABAG AG complies with the data protection requirements of the GDPR. These terms of use and notices are subject to the data protection notices and privacy policy published on the website.

VII. Changes to the notes on permissible use

STRABAG AG reserves the right to adapt these conditions and notes to changes in the scope of use of the web application or changes in the legal situation. Any amendment shall be valid from the time of its publication

VIII. Applicable Law, Miscellaneous

Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction, if the user is a merchant within the meaning of the Austrian Commercial Code, is Vienna.