Update-Scout


Terms of Use Agreement

Update-Scout is a service, that maintains a catalog of software products together with their current version numbers, based on information collected in the internet. Users can create personal news feeds as a selection of products from the product catalog. The Update-Scout service is hosted in Germany.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Update-Scout service. By using the Update-Scout service, you agree to be bound by this Agreement. You are only authorized to use the Update-Scout service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Update-Scout web site and discontinue use of the Update-Scout service immediately. If you wish to create an account and make use of the Update-Scout service, you must read this Agreement and indicate your acceptance during the account registration process.

elementec may modify this Agreement from time to time and such modification shall be effective upon posting by elementec on the Update-Scout web site. You agree to be bound to any changes to this Agreement when you use the Update-Scout service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

elementec reserves the right, in its sole discretion, to reject, refuse to add or remove any additions by you, or to restrict, suspend, or terminate your access to all or any part of the Update-Scout service at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of the Update-Scout service is void where prohibited. By using the Update-Scout service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Update-Scout service does not violate any applicable law or regulation.
  2. Term. This Agreement shall remain in full force and effect while you use the Update-Scout service or have an account. You may terminate your membership at any time, for any reason, by following the instructions on the account page. elementec may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect.
  3. Fees. Update-Scout is currently free, i.e. there is no fee associated with using Update-Scout. However, you acknowledge that elementec reserves the right to charge for the Update-Scout service and to change its fees from time to time in its discretion. Users will be notified of such actions appropriately and timely. If elementec terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another account at any time or to disclose your password to any third party. You agree to notify elementec immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use. The Update-Scout service are for the personal use of members only and may not be used to provide commercial services similar to the Update-Scout service. If you are not sure, if the way you want to use the Update-Scout service complies with this Agreement, please contact elementec.
  6. Proprietary Rights. Product and publisher names listed in the Update-Scout catalog may be registered trademarks of the respective trademark owners.
  7. Content Added. elementec may delete any content that in the sole judgment of elementec violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. elementec assumes no responsibility for monitoring the Update-Scout service for inappropriate content. If at any time elementec chooses, in its sole discretion, to monitor the Update-Scout service, elementec nonetheless assumes no responsibility for the content and no obligation to modify or remove any inappropriate content.
  8. Privacy. No account information will be disclosed to third parties except for providing general information in anonymized or aggregated form. In particular, e-mail addresses will not be dislosed to third parties at all. elementec may use a user's email address to send updates, a newsletter or news regarding the Update-Scout service and to send program update notifications as specified on the account page. elementec logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the web site, track usage and improve the web site services. User IP addresses are recorded for security and monitoring purposes
  9. Disclaimers. elementec is not responsible for any incorrect or inaccurate content added on the Update-Scout web site or in connection with the Update-Scout service, whether caused by users of the Update-Scout service or by any of the equipment or programming associated with or utilized in the Update-Scout service. Content added by members of the Update-Scout web site may contain links to other web sites. elementec is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by elementec. Inclusion of any linked website on the Update-Scout service does not imply approval or endorsement of the linked web site by elementec. When you access these third-party sites, you do so at your own risk. elementec takes no responsibility for third party advertisements which are posted on the Update-Scout web site or through the Update-Scout service, nor does it take any responsibility for the goods or services provided by its advertisers. elementec assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. elementec is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Update-Scout service, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Update-Scout service. Under no circumstances shall elementec be responsible for any loss or damage, including personal injury or death, resulting from use of the Update-Scout service, from any content added to the Update-Scout service, whether online or offline. The Update-Scout service is provided "AS-IS" and as available and elementec expressly disclaims any warranty of fitness for a particular purpose or non-infringement. elementec cannot guarantee and does not promise any specific results from use of the Update-Scout service.
  10. Limitation on Liability. IN NO EVENT SHALL ELEMENTEC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ELEMENTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELEMENETC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ELEMENETC FOR THE UPDATE-SCOUT SERVICE DURING THE TERM OF MEMBERSHIP.
  11. Disputes. If there is any dispute about or involving the Update-Scout service, you agree that the dispute shall be governed by the laws of Germany, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in courts of Germany, City of Stuttgart.
  12. Indemnity. You agree to indemnify and hold elementec, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Update-Scout service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you add to the Update-Scout web site or through the Udpate-Scout service causes elementec to be liable to another.
  13. Other. This Agreement is accepted upon your use of the Update-Scout web site or of the Update-Scout service and is further affirmed by you creating an account. This Agreement constitutes the entire agreement between you and elementec regarding the use of the Update-Scout service. The failure of elementec to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. elementec is a trademark of Dr. Peter Kullmann. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.