IKARUS Partner Portal
Terms and Conditions of Use
IKARUS Security Software GmbH
Blechturmgasse 11
1050 Vienna
Austria
Table of contents
1. Rights of use and access
1.1. Right of use
1.2. Access rights as employee of an IKARUS Partner
3.3. General terms and conditions for portal use
3.1. Availability
3.2. Confidential information
3.3. Personal Data
3.4. Right to property
3.5. Accuracy of information and disclaimer
3.6. Indemnity and liability limitation
3.7. General assurance
3.8. Changes to the terms and conditions
3.9. General
Die folgenden rechtlichen Bedingungen regeln Ihre Registrierung, Ihr Nutzungsrecht und Ihren Zugang zum IKARUS Partnerportal (im folgenden auch „Portal“ genannt). Diese werden von IKARUS Security Software GmbH („IKARUS“) bereitgestellt.
Durch Ihre Unterschrift und Registrierung am IKARUS Partnerportal bestätigen Sie (sowohl als Einzelperson als auch als autorisierter Vertreter der juristischen Person, die Sie beauftragt hat), dass Sie diese Bedingungen gelesen und verstanden haben und anerkennen, dass sie für Sie verbindlich sind.
1. Rights of use and access
1.1. Right of use
You are granted temporary, non-transferable access to use the IKARUS Partner Portal to market, sell and distribute IKARUS products and services in accordance with these Terms.
You also agree not to use the Portal in any way that is contrary to these Terms or to specific instructions elsewhere on the Portal, or in any way that may infringe IKARUS’ rights or interests. You further agree not to use the Portal fraudulently or create plagiarised content from the Portal.
IKARUS reserves the right to revoke all your access rights with immediate effect if you violate one or more of these conditions or if you are suspected of misusing the portal.
1.2. Access rights as employee of an IKARUS Partner
Only persons working for a company that is authorised to sell IKARUS products are authorised to use the IKARUS Partner Portal. If you decide to stop selling IKARUS solutions, you must inform IKARUS immediately so that access to the IKARUS Partner Portal can be cancelled.
If a person with access to the IKARUS Partner Portal leaves your company, you must immediately revoke that person’s right to use the Portal or notify IKARUS immediately so that IKARUS can prevent that person from accessing the Portal. If you notice that someone who is no longer employed by you has access to the portal, please inform IKARUS immediately. This will help us to protect your customer data.
You are jointly and severally liable for any breach of these terms and conditions in accordance with the underlying legal provisions.
2. 2. Orders and prices
All orders placed by you via the Portal are binding on you. All product purchases made through the Portal are subject to IKARUS’ prices, licence terms and general terms and conditions (under www.ikarussecurity.com/en/gtc/). All prices quoted and calculated on the portal are based on the current and valid price list for end users, minus the partner discount that is granted to you. IKARUS reserves the right to change the end customer price list and the partner discount granted to you at any time.
IKARUS will not share your order information with third parties.
3. General terms and conditions for portal use
3.1. Availability
Due to repairs, updates, maintenance or for reasons beyond IKARUS’ control, all or part of the portal may be temporarily unavailable. In such cases, we will do our best to make the portal available again as soon as possible. The duration of the interruption will depend on the extent of the technical work involved.
IKARUS shall not be held liable for the consequences of any such interruptions.
3.2. Confidential information
The IKARUS Partner Portal contains detailed information about IKARUS products, contact and pricing information and may contain other confidential information or trade secrets.
You may not disclose to third parties any information on the Portal that is obviously of a confidential nature. All other information may only be used and distributed for the purpose of promoting the sale of IKARUS products and services.
3.3. Personal Data
You agree to provide truthful information when registering and to keep your username and password confidential. Access information for the Portal may not be passed on to third parties. You are responsible for the use of the Portal under your username. This rule also applies to any other employees to whom you grant access to the IKARUS Partner Portal.
IKARUS undertakes to treat the data provided during registration as confidential. It will be used in accordance with the current data protection guidelines and applicable laws. You agree that IKARUS may use the registration data to communicate with you (e.g. to send you information or marketing messages).
If the data you submit contains customer contact information or other personal data of a customer, you warrant that you have the necessary permissions and/or consents to disclose such data to IKARUS so that IKARUS may use this data for the distribution and marketing of its products and within the company.
When you visit our portal, we collect session data in a non-personally identifiable format.
3.4. Right to property
Title, ownership and intellectual property rights to the Portal and its content remain with IKARUS. The Portal is protected by copyright, international copyright laws and other intellectual property agreements. We protect our intellectual property rights to the fullest extent permitted by law. Content and data on the Portal may be subject to export, privacy, trade secret and other applicable laws.
Except as expressly provided in these Terms, no licence is granted to you under any patent, copyright, trademark or other right, trade secret or other proprietary right of IKARUS or any third party. All patents, copyrights, trademarks, trade secrets and other proprietary rights relating to the Portal and/or IKARUS’ products are and shall remain the property of IKARUS and/or third parties from whom IKARUS may have acquired certain rights. You agree to abide by the terms and conditions set forth herein and to download, modify, copy, execute, decrypt, transmit or otherwise use any software or materials only in strict compliance with these terms and conditions.
You agree to immediately report any apparent copyright or intellectual property infringement that you discover in connection with IKARUS’ products or documentation.
You may not register any of IKARUS’ trademarks in your own name or use any trademark or name that is confusingly similar to any trademark used by IKARUS to describe its products.
3.5. Accuracy of information and disclaimer
As most of the user data on the Portal is based on data provided by you and/or your fellow users, we always endeavour to check that this data is correct, complete, and up to date, but cannot guarantee this.
The portal and its contents are provided in their current state without any guarantee. IKARUS expressly disclaims any implied warranties on its own behalf and on behalf of its employees, managers, suppliers and those involved in the data on the portal. You assume the entire risk associated with your use of the information obtained.
Where the Portal contains links to third party websites, you acknowledge that the content of such websites may change from time to time and is not under the control of IKARUS. Furthermore, IKARUS accepts no liability for the content of third-party websites or for your activities on these websites.
3.6. Indemnity and liability limitation
Sie sind allein für Ihr Verhalten auf dem Portal und dessen Nutzung verantwortlich und verpflichten sich, IKARUS im Fall einer unzulässigen Nutzung des Portals oder seiner Inhalte oder im Fall einer Verletzung dieser Bedingungen schadlos zu halten. IKARUS ist unter keinen Umständen, unter keiner Rechtstheorie, unter keinem Vertrag o.ä. Ihnen oder Dritten gegenüber für indirekte, spezielle, zufällige oder Folgeschäden jeglicher Art haftbar.
3.7. General assurance
You agree that you will not intentionally or knowingly endorse, authorise, support, approve, condone, promote, maintain, or encourage any activity that results in the malicious use of computers, computer software or computer data or the potential degradation of problems caused by the malicious use of computers, computer software or computer data. Such malicious use includes, but is not limited to, piracy, writing, compiling, or distributing viruses, hacking and unauthorised destruction or alteration of data.
3.8. Changes to the terms and conditions
We will make changes to the Portal, these terms, and the relevant policies (including those referred to herein) from time to time. We will notify you of changes to the terms and materials if we consider them important enough to require notification/re-consent but will not notify you of minor changes.
The amended Terms will be effective from the date of their publication. If you do not accept the current Terms, you may no longer use the Portal. The terms and conditions in effect at the time you use the Portal will govern your use of the Portal in accordance with these terms. You can easily tell when the terms have been changed by the month of the copyright notice at the end of the Terms.
3.9. General
IKARUS may, at its sole discretion, suspend, modify, or terminate user accounts for the Portal. If the Portal or your user rights to it are terminated, certain terms and conditions will remain in force after the termination. These include conditions relating to restricted use, disclaimers, and limitations of liability.
The terms and conditions are not necessarily exhaustive and there may be additional terms and conditions relating to specific content or features of the Portal.
If any one or more of these terms and conditions shall be deemed invalid, void or for any reason unenforceable, then that part of the term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining part of the term or condition.
The laws of the Republic of Austria, without regard to conflicts of laws principles, shall apply to these terms and conditions. The place of jurisdiction shall be Vienna, Austria.
Copyright: IKARUS Security Software GmbH, January 2024