UNIVIEW™ User Site – Terms of Use
PLEASE REVIEW BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE UNIVIEW USER SITE.
1. Subject of these Terms of Use
The subject of these Terms of Use is to regulate the use of the Uniview User Site provided by Carl Zeiss Jena GmbH (“ZEISS”) (the "Site") by registered Site users ("User/Users") and all content elements, information and comments it contains (“Content”). “Uniview Content” specifically refers to certain components of the ZEISS Uniview software suite, included but not limited to Theater, Producer, tools, tutorials, modules and documentations that are available on the Uniview User Site.
2. Services Provided by ZEISS
2.1 The purpose of the Site is to allow Users to post and download digital Content elements, e.g. modules and media, for use by Uniview Community members in planetarium shows and other presentations and potential other uses, as permitted under the general licensing conditions for the Content defined in Section 4.4 herein, and to post information and comments related to the Content. ZEISS provides the Site and the right to use Uniview Content as a service to Users on a voluntary basis.
2.2 To become a User of the Site, the individual must register with ZEISS by specifying the User’s clear name, institutional affiliation, email address and indicating a valid software license.
2.3 ZEISS shall provide the User with the access data required to access the Site.
2.4 ZEISS will continue to operate the server on a long-term basis. ZEISS also reserves the right to change the platform and access conditions and the right to shut down in whole or part the Site at any time for business reasons. Should there be any changes, ZEISS will contact the Users in a timely manner.
3. User’s Obligations
3.1 By using the Site, the User agrees to be bound by these Terms of Use. ZEISS may change these Terms of Use at its sole discretion. ZEISS will send changes to these Terms of Use to all Users (by email to the registered email address) at least four weeks before they come into force. The continuing use of the Site following the date at which changes come into force will constitute the User’s consent to all such changes.
3.2 The User must treat his/her Site access data as confidential information. The User undertakes to neither make his/her access data available nor to pass them on to third parties.
3.3 The User agrees to observe the general licensing conditions for the Content defined in Section 4.4, and specific licensing conditions set by the owner of a specific Content element, if any.
3.4 The User may only post information, Content elements and comments that are related to or can be used with Uniview.
3.5 The User is not permitted to use the Site in any way that is excessive and agrees not to post anything on the Site that violates the intellectual property rights of others, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, moral rights or any other rights.
3.6 The User shall not impersonate any other person or submit false or inaccurate information about him/herself. All postings must be provided using the User’s real name or the name of his/her institution/affiliation.
3.7 The User shall not post any threatening, harassing, libelous, false, misleading, defamatory, offensive or obscene material, or any material that would violate any applicable law or regulation.
3.8 The User shall not post serial numbers, activation keys, “cracks,” or any other information with the intention of or suitable for software piracy or unlicensed use of software.
3.9 If the Content posted by a User includes links to internet sites, the User shall restrict such links to home pages that he/she owns or operates, or to which the User is otherwise authorized to link, or that does not include copyrighted or other intellectual property protected information or material the use of which would require a third-party authorization.
3.10 The User shall not edit, delete or otherwise alter any Content of other Users or ZEISS as it is posted on the Site.
4. Content Rights
4.1 By uploading and posting Content (or sending it to ZEISS for publication), the User confirms that the Content is available for use by all Users for informational purposes, and for use in live and scripted presentations by means of real-time rendering.
4.2 The User acknowledges and agrees that ZEISS assumes no responsibility, liability or obligation whatsoever with respect to the Content uploaded by User, or its protection, use or misuse in any form.
4.3 By posting Content, the User confirms that the owner of this Content grants rights of use according to, or compatible with the license in Section 4.4.
4.4 All Users, including ZEISS and its subsidiaries, affiliated companies and representatives, shall have a non-exclusive, royalty-free, temporally and spatially unlimited right, but not the obligation, to use, reproduce, display, and modify the Content, solely for informational purposes and for use in real-time renderings (the "Licensed Use"). This license shall include the right to combine the Content with other content in such uses. Users may seek permission to use Content for other purposes by contacting Content owners, as identified in the "Legal Information" data accompanying a specific Content element. The owner and the author(s) of the Content must be credited substantially in all instances.
5. Disclaimer
5.1 The Site is provided by ZEISS as a service to the Users free of charge, and accordingly is provided “as is” and with all faults (if any). Any use of the Site is at the User’s own risk. ZEISS makes no representations or warranties of any kind, either express or implied, regarding the use of the Site.
5.2 ZEISS reserves the right, in its sole discretion, to take any actions with respect to posted Content that it deems are appropriate, including but not limited to rejecting, moving or deleting Content. ZEISS also reserves the right, in its sole discretion, to revoke the access of any User who ZEISS believes has violated or is violating these Terms of Use.
5.3 ZEISS is not involved in any transactions between the registered Users of the Site.
5.4 ZEISS is not responsible for the accuracy of or omissions in any Content and has no obligation to review, screen, or edit any Content, either in advance, or after posting and will not accept any responsibility or liability for the accuracy of or omissions in such Content.
5.5 The Site may contain links to other internet sites. Such links are provided for convenience of the Users, and ZEISS is not responsible for the content of any website linked to or from the Site, nor for the compliance of these websites with legal data protection guidelines. ZEISS disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Websites to which the Site contain links may include copyrighted or other intellectual property protected information or material the use of which may require a third-party license or authorization. Users are responsible for obtaining any such required license or authorization.
5.6 Zeiss represents that the Uniview Content is available for use and does not infringe upon the rights of any party. Zeiss agrees to indemnify Users from any claims that any Uniview Content infringes upon the rights of any third party.
5.7 Other than the indemnification provided in paragraph 5.6 above, ZEISS will not be liable for any damages, including lost profits, data loss, business damage, or any other loss or damages, including unforeseeable, consequential, special, indirect or incidental damages.
6. Data Protection
6.1 The Data Protection terms provided below are in addition to the ZEISS Data Protection terms provided at https://www.zeiss.com/corporate/int/legal-information/data-protection.html.
6.2 To use the Site, including in order to get access to the Uniview Content and Content and keep in contact with Site Users, Users are requested to provide ZEISS limited personal information (clear name, affiliated institution, and email address). Any personal information accessible by using the Site shall be treated as confidential and processed exclusively within the scope of the relationship between the Users and ZEISS. No personal information shall be forwarded, published, or otherwise made available to third parties for any reason without prior approval, except under provision 6.3.
6.3 As part of the provision of the services, User information under certain circumstances may be shared by ZEISS with third parties for purposes of maintaining the Site, e.g. business partners or IT service providers. When sharing personal information with these third parties, ZEISS restricts itself to the information which is necessary for the provision of the service in question and ensures that this sharing is carried out in compliance with the required data security. ZEISS will only share personal information with third parties which have committed themselves to data protection and to the processing of User information in compliance with the applicable laws.
6.4 ZEISS may be forced by court or official order to reveal User data and associated information. Likewise, ZEISS reserves the right to use User information for the assertion of or defense against legal claims.
6.5 In the event of a takeover or merger with another company, it may be necessary for ZEISS to disclose or transfer User information to actual or potential buyers. In this case, ZEISS will aspire to the highest possible level of data protection and will comply with all legal stipulations.
6.6 The Site is hosted by Google. Users must take note of and observe the data protection regulations of Google on their own responsibility.
7. Concluding Provisions
7.1 ZEISS shall be entitled to transfer any rights from this Terms of Use solely to companies of the Carl Zeiss Group that assume ownership or control of the Site and solely for purposes of maintaining and operating the Site. ZEISS may assign rights under this Terms of Use to agents who maintain and service the Site.
7.2 The termination of the Site does not affect the rights of use resulting from these provisions.
7.3 Jena, Germany shall be the place of jurisdiction for all disputes arising from or in connection with this Terms of Use.