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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Proprietary Rights. Product and publisher names listed in the
Update-Scout catalog may be registered trademarks of the respective trademark
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- 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