1.1 Subject matter and validity
A BOT GmbH in Uttwil with branches in Amriswil offers its customers a comprehensive range of IT services and products, particularly in connection with software licenses. Services and consideration are agreed in customer-specific offers or individual contracts between the customer and the company. A BOT GmbH are defined. In particular, it specifies the type of A BOT GmbH The services to be provided, their scope, duration and remuneration are regulated in the order confirmation. Even after the order has been confirmed A BOT GmbH shall have the right to withdraw from contracts in whole or in part if, in its own judgment, the purchase price claim appears to be at risk. There is no obligation to submit documents to the customer in this respect. As soon as the customer receives services from A BOT GmbH the present General Terms and Conditions (hereinafter referred to as "GTC") shall apply as the content of the individual contract. Conditions of purchase or other conditions of the customer shall only be valid if and insofar as they have been accepted by A BOT GmbH have been expressly accepted in writing and are not in conflict with these GTC. The first section of these T&Cs, section 1 et seq., regulates the general provisions that apply in every case of service provision by A BOT GmbH are applied. The following sections (sections 2 ff. - 4 ff.) set out the regulations for specific contractual services. These T&Cs enter into force with effect from September 1, 2014 and replace all previous versions. A BOT GmbH reserves the right to amend these GTC and the other conditions at any time. The customer shall be notified of such changes in writing and shall be deemed to have approved them if the customer does not declare in writing within a period of 20 days from notification that he does not agree with the changes. In the case of continuing obligations A BOT GmbH reserves the right to terminate the contractual relationship extraordinarily and prematurely with effect from the date on which the amended GTC come into force.
1.2 Services of the A BOT GmbH
A BOT GmbH shall provide its services in accordance with the terms and conditions agreed in these provisions and in the individual contracts. It fulfills its contractual obligations in a professional and diligent manner. A BOT GmbH is authorized to call in third parties for the provision of services.
1.3 Obligations of the customer
The customer undertakes to, A BOT GmbH to supply the necessary information free of charge and to provide all information required for the provision of services by A BOT GmbH to create and maintain the necessary operational, personnel, organizational, technical and other conditions so that A BOT GmbH can provide the services. The customer is solely responsible for the selection, configuration, deployment and use of the products and their suitability for the purpose intended by the customer. The customer is solely responsible for the necessary security measures to protect stored data from possible destruction. Delays and additional expenses of A BOT GmbH as a result of late or incorrect fulfillment of preparation or cooperation obligations shall be borne in full by the customer.
1.4 Prices, price changes and terms of payment
The prices quoted in offers are based on the principles known at the time the offer is made and only cover the services mentioned therein. Unless otherwise stated, prices are quoted net in Swiss francs, excluding VAT, ex domicile of A BOT GmbH. Swiss VAT will be charged in addition to the rates applicable at the time of invoicing. The terms of payment stated on the invoices from A BOT GmbH and/or are listed in framework agreements shall take precedence over these terms and conditions. In the absence of such, invoices of the A BOT GmbH on the 10th day after the invoice date, strictly net, without any deductions. Unjustified deductions shall be charged subsequently in return for processing fees. In the event of default A BOT GmbH shall be entitled to charge default interest of 5% p.a., collection and processing fees from the date of the first reminder. The customer shall be charged CHF 30 per reminder as compensation for the issuing of reminders. The customer is not entitled to offset any counterclaims against claims of A BOT GmbH to be offset.
1.5 Liability
A BOT GmbH shall only be liable for direct damage if it can be proven to have been caused by gross negligence or intent on the part of A BOT GmbH was caused. Liability for damages caused by slight negligence shall in any case be limited to the amount of the remuneration for the contractual service in question, up to a maximum of CHF 100,000. If an order is divided into sub-orders or sub-projects, the maximum liability limit shall be the remuneration for the sub-orders or sub-projects. A BOT GmbH for the respective subcontract or subproject. Any further liability of A BOT GmbH for damages of any kind is excluded. In particular A BOT GmbH We accept no liability for loss of data, costs of data recovery, loss of production, loss of use, unrealized savings, loss of orders, loss of profit or other indirect or consequential damages. A BOT GmbH shall also not be liable in particular: a) if the customer performs preparatory or cooperative acts which are necessary for the fulfillment of the contract by A BOT GmbH required, does not perform, does not perform correctly or does not perform on time, or if he does not comply with the general conditions for the provision of the A BOT GmbH b) if obstacles occur that are outside the direct area of responsibility of A BOT GmbH such as significant operational disruptions, faulty or delayed deliveries (e.g. hardware and software) or official measures; c) in the event of a delay in delivery, the A BOT GmbH has not caused it itself.
1.6 Confidentiality
Both contracting parties mutually undertake to maintain the confidentiality of all facts, concepts, procedures, documents, data and information ("Confidential Information") of which they become aware during the preparation and execution of the individual contract, which relate to the business sphere of the other contracting party and for which one of the parties has a special interest in confidentiality. The parties shall treat Confidential Information with the same care and discretion as their own confidential information. The parties shall ensure that such confidential information is neither used improperly or otherwise without authorization by themselves, their auxiliary persons or commissioned third parties, nor made accessible to third parties in any way for unauthorized use. The customer shall not disclose data about the A BOT GmbH The company shall treat the employees deployed confidentially in accordance with the provisions of data protection law. These confidentiality obligations shall also apply after termination of the contractual relationship between A BOT GmbH and the customer, insofar as a legitimate interest exists.
1.7 Change management
During the term of the individual contract, both contracting parties may propose changes to the agreed services in writing at any time. In the event of a change request on the part of the customer A BOT GmbH inform the customer within a reasonable period of time whether the desired change is possible and, if so, what effects it will have on the individual contract, in particular on price, quality and deadlines. If detailed clarifications are required, the customer shall bear the corresponding costs and expenses of A BOT GmbH. A change to the agreed services shall only be deemed to have been bindingly agreed once both parties have signed a corresponding supplementary agreement.
1.8 Termination of contract
Unless otherwise agreed and insofar as the existing agreement is a continuing obligation of unspecified duration, the individual contract may be terminated by either party at any time by giving three months' notice to the end of a month.
1.9 Enticement of employees
The contracting parties undertake not to entice away employees of the other contracting party who are directly involved in the performance of services, or other employees of the other contracting party who are not involved, either for themselves or for third parties, or to have them indirectly enticed away by third parties. The hiring or utilization of services in any form by employees of the other contracting party during the term of the contract and within one year of the contract being fulfilled may only take place with the mutual written consent of the parties. In the event of infringement, the party in breach of contract undertakes to immediately pay a contractual penalty in the amount of one gross annual salary of the poached employee, but at least CHF 50,000. The right to assert further claims for damages, against which the contractual penalty is to be offset, as well as the right to enforce the contract, remains reserved.
1.10 Data protection
The customer agrees that A BOT GmbH processes product-related data such as sales prices and quantities as well as names and addresses of customers within the scope of periodic reporting and transmits this data to its manufacturers/suppliers, possibly also abroad. Furthermore, the customer agrees that A BOT GmbH customer-related data is processed for the purpose of checking the customer's creditworthiness and may be assigned to one of A BOT GmbH or processed for the calculation of credit and market risks. The customer authorizes A BOT GmbH also to process and evaluate its data in order to offer the customer further products and services, including from third parties, in which the customer may be interested, or to send information to the customer's postal or e-mail address. The aforementioned customer data may be A BOT GmbH for the same purpose to other companies of the A BOT GmbH transmit.
1.11 Transmission
Rights and/or obligations arising from the individual contract may only be transferred by one party with the written consent of the other party. A BOT GmbH reserves the right to assign or sell financial claims against the customer to third parties in Switzerland and abroad (e.g. factoring).
1.12 Written form
All ancillary agreements, amendments, supplements and legally relevant declarations must be made in writing in order to be valid.
1.13 Partial invalidity
Should individual provisions be or become ineffective or invalid, the validity and effectiveness of the remaining provisions shall remain unaffected. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the intended purpose of the provision is achieved as far as possible.
1.14 Applicable law and place of jurisdiction
The individual contracts and the GTC are subject exclusively to Swiss law. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships shall be the competent courts at the registered office of A BOT GmbH. A BOT GmbH shall, however, also be entitled to sue the customer at its registered office/domicile.
2 Sale and delivery of products
2.1 Subject matter and validity
"Products" are from A BOT GmbH offered and distributed software and license rights, as well as IT equipment and accessories. A BOT GmbH shall supply the customer with the products specified in the offer, the order confirmation or the individual contract. The type and quantity of the products to be delivered are regulated in the respective individual contract. Unless otherwise agreed in writing, each individual order shall be regarded as a separate purchase contract. Any subsequent change to an order must be notified by A BOT GmbH be approved. In the event of subsequent changes to an order by the customer A BOT GmbH charge a processing fee.
2.2 Delivery
The order confirmation is always decisive for the scope and execution of the delivery. In the absence of an order confirmation, the offer from A BOT GmbH or any other order placed by the customer shall be decisive. The availability of the products from the supplier or manufacturer remains reserved. The products supplied by A BOT GmbH The delivery dates stated are only to be regarded as guidelines unless otherwise expressly assured in writing. Delivery dates are therefore given to the best of our knowledge, but without guarantee. This applies in particular - but not only - in the event of delays in delivery due to supply problems at the supplier. Liability for delays A BOT GmbH and there are no claims for damages of the customer against the A BOT GmbH. A BOT GmbH shall endeavor to work out appropriate alternatives. The consequences of delays for which the customer is responsible, in particular additional costs for A BOT GmbH costs incurred shall be borne by the customer. A BOT GmbH may make changes to the order confirmation, provided that the products fulfill the same functions. Other order changes or cancellations require mutual written agreement. Costs already incurred shall be borne by the customer. Time-limited call-off orders must be called off within the agreed period. Otherwise A BOT GmbH arrange and invoice the remaining delivery. If a delivery date is postponed due to a change in the customer's order, we reserve the right to A BOT GmbH Prices are subject to change. Returns of goods require the written consent of A BOT GmbH. The return of software products, license rights and products outside the standard range of A BOT GmbH is excluded in any case. In order to avoid such products being ordered by mistake, the customer should always check in advance whether this product actually meets their requirements.
2.3 Testing and acceptance of the products
If the customer requests A BOT GmbH testing of the products, this must be agreed separately and paid for by the customer. Unless otherwise agreed, the date of the delivery bill shall be deemed the date of acceptance and fulfillment. The customer must inspect the delivery immediately, at the latest within 8 days, for completeness and correctness and A BOT GmbH immediately in writing and in detail of any defects. If he fails to do so, the delivery shall be deemed approved. The manufacturer expressly reserves the right to make technical changes to the products. In particular, acceptance of the scope of performance of standard software, irrespective of previous advertising statements, assurances and discussions, etc., is effected by opening the package.
2.4 Prices and price changes
Services that are not included in the sales price, such as freight / transportation, insurance, installation, commissioning, training and user support, as well as extraordinary costs for packaging and disposal, shall be borne by the customer. Unless otherwise agreed, accessories are not included in the price. The invoiced price of the products is determined at the time of order confirmation or order placement. In the event of subsequent changes to the calculation basis due to circumstances beyond the control of A BOT GmbH circumstances, in particular price increases by suppliers of A BOT GmbHreserves the right to A BOT GmbH expressly reserves the right to adjust prices accordingly.
2.5 Default of payment by the customer
If the customer is in default of payment A BOT GmbH shall be entitled to suspend all further deliveries to the customer until all due claims have been settled. The consequences resulting from such a suspension of deliveries shall be borne exclusively by the customer. If the customer subsequently also within a period of A BOT GmbH does not repay his debts within the grace period set, is A BOT GmbH shall be entitled to definitively refuse all further deliveries to the customer and to claim damages. A BOT GmbH is also entitled to proceed in accordance with the general rules of the OR.
2.6 Right of retention
Any right of retention or right of retention of the customer to items of the A BOT GmbH is excluded in its entirety.
2.7 Retention of title
The objects of the contract shall remain our property until all A BOT GmbH claims against the customer are the sole property of the A BOT GmbH. The customer is therefore prohibited from selling or encumbering the products before the purchase price has been paid in full. The customer authorizes A BOT GmbHto have any retention of title entered in the retention of title register.
2.8 Transfer of benefit and risk
Benefit and risk shall pass to the customer upon receipt of the delivery at the place of delivery, irrespective of who is responsible for transportation and the associated costs.
2.9 Industrial property rights and rights of use to software
The terms and conditions of use of the A BOT GmbH The use of software products supplied by a third party shall be governed by the special provisions of the software license agreement of the manufacturer or supplier of the software. The customer acknowledges that the manufacturer/supplier may demand the cancellation of the license granted and the return of the product in the event of a breach of the terms of use or license conditions. The customer shall be liable to the software manufacturer or supplier if the license terms are disregarded.
2.10 Warranty
Only those properties of the product that are expressly designated as warranted in the written offer shall be deemed to be "warranted". The warranty of A BOT GmbH for the products supplied by it is primarily determined by the applicable warranty provisions of the manufacturer or supplier. A BOT GmbH undertakes to assign any of its own warranty claims against manufacturers and suppliers to the customer. The customer also waives - as far as permissible - his statutory warranty claims against A BOT GmbH. Subject to these warranty provisions of the manufacturer or supplier, the warranty is limited in any case - at the discretion of A BOT GmbH - to repair or replacement of the defective products and only applies if the products remain in Switzerland or the Principality of Liechtenstein. The A BOT GmbH does not guarantee that hosting platforms will function without interruption and without errors. The warranty is excluded in all cases for defects caused by: a) inadequate maintenance, in particular by persons not authorized by the manufacturer or supplier; or b) non-compliance with the operating or installation instructions; or c) improper use of the products; or d) use of unauthorized parts and accessories; or e) natural wear and tear; or f) transport, improper handling or treatment; or g) use not authorized by the manufacturer or supplier. A BOT GmbH modifications or attempted repairs; or h) external influences, in particular force majeure (e.g. failure of the power supply or air conditioning system, damage caused by the elements) and other reasons which are not attributable to A BOT GmbH nor for which the manufacturer is responsible). Warranty services not covered by the manufacturer or supplier as well as additional costs caused by the customer will be charged to the customer. In the event of a missing or inadequate description of the fault, troubleshooting shall be carried out by A BOT GmbH at the customer's expense.
2.11 Patents and copyrights
If a third party asserts or should assert claims against the customer due to infringement of a patent, copyright or other industrial property right by delivered products or from their operation, the customer shall A BOT GmbH in writing and without delay of such infringement notices or claims. A BOT GmbH will immediately forward this information to the supplier or manufacturer and ask them to resolve the situation. The customer waives A BOT GmbH We are not liable for any legal warranty or liability claims.
2.12 Re-export
The from A BOT GmbH The products sold are subject to U.S. and Swiss export regulations. The customer undertakes to apply for a special export license from SECO (State Secretariat for Economic Affairs) before any re-export of the products. In the event of any transfer of the products, this obligation shall be transferred to the respective purchaser with the obligation of further transfer.
2.13 Disposal
The customer is responsible for the professional deletion of the data and programs on the data carriers to be disposed of.
2.14 Software leasing
If standard software from third party manufacturers is the delivery item, the terms of use of the third party manufacturer shall apply. The license agreement shall be concluded directly between the manufacturer and the customer. A BOT GmbH is only an intermediary. These terms of use will be made available to the customer on request, even before the contract is concluded. In the case of software leasing, the lessor and the customer are responsible for ensuring that the lessor has the necessary leasing rights.
3 Services
3.1 Object
The regulations for services include the provision of services such as consulting, project management, software asset management, instruction, training and similar services that are provided on behalf of the customer.
3.2 Services of the A BOT GmbH
A BOT GmbH fulfills its contractual obligations by acting professionally and diligently as stipulated in the offer, the individual contract or the written agreements. A BOT GmbH is free to choose the employees providing the services, but will endeavor to take into account any special wishes of the customer.
3.3 Working hours of the A BOT GmbH
The services of A BOT GmbH are generally provided on working days, from Monday to Friday between 08.00 to 12.00 and 13.00 to 17.30. Normal working hours are 8 hours per day. Services outside these block times as well as at weekends, general and local public holidays valid at the customer's location require the consent of A BOT GmbH and will be charged with a surcharge to be agreed. For the provision of services, unless otherwise agreed, the travel time from the nearest A BOT GmbH-The journey from the branch office to the place of work is considered working time subject to remuneration.
3.4 Dates
Only dates confirmed in writing as binding shall be binding. Such deadlines shall be extended appropriately if obstacles arise that are beyond the control of A BOT GmbH lie. Liability for delays A BOT GmbH only if A BOT GmbH has demonstrably caused this intentionally or through gross negligence through his own fault. Unforeseen events and cases of force majeure exempt A BOT GmbH from further execution of the order for the duration of the disruption and to the extent of its effects. Unless otherwise agreed A BOT GmbH reserves the right to charge the customer for additional costs and expenses resulting from a project delay and/or project termination. This does not apply to project delays caused solely by A BOT GmbH are responsible for.
3.5 Prices, price changes and terms of payment
In the case of one-off services or services provided for a specific period of max. 6 months, the prices stated in the individual contract generally remain unchanged. For services that are provided for longer than 6 months or for an indefinite period of time A BOT GmbH is entitled to adjust its prices at any time, subject to a notice period of 3 months. The customer has the right in the event of price increases, A BOT GmbH to declare termination of the contract within 20 days of notification of the price change. Unless otherwise agreed, the services of A BOT GmbH The fees are invoiced on a time and material basis (usually monthly). If a flat fee is agreed, this covers the expenses of A BOT GmbH for the services offered or agreed in writing and the flat-rate fee shall be due for payment after the contract is signed, unless otherwise agreed in the individual contract. Order-related expenses, in particular travel and accommodation costs, shall be borne by the customer and shall be charged according to the actual expenses incurred on the basis of receipts and, in the case of journeys by car, per kilometer driven.
3.6 Acceptance and notification of defects
3.6.1 General information
Services are generally deemed to have been provided and accepted when the work result has been handed over to the customer. The customer is obliged to accept all services provided by A BOT GmbH immediately after they are made available and to inspect them for defects. All defects must be reported in writing by the customer as soon as they are discovered.
3.6.2 Acceptance procedure
The acceptance procedure shall be agreed jointly by the customer and the A BOT GmbH is defined, where A BOT GmbH submits relevant process proposals. Acceptance provides proof of the functionality of the work from the service in accordance with the detailed specifications. The acceptance itself is the responsibility of the customer. A BOT GmbH is obliged to cooperate in the execution. Acceptance must take place within a maximum of 14 days after A BOT GmbH has notified the customer in writing that the service is ready for acceptance. If significant defects are identified during acceptance, the customer shall have the exclusive right to rectification or subsequent delivery in accordance with and to the extent of the right to rectification provided for under the warranty. An acceptance report signed by both contracting parties shall be drawn up for each acceptance. It shall record which insignificant defects are to be rectified or which significant defects require acceptance to be repeated in whole or in part. If the customer fails to do so for reasons not attributable to A BOT GmbH If the Supplier is not responsible for the failure to carry out an acceptance test and to sign an acceptance report, acceptance shall be deemed to have taken place 20 days after the service has been provided. The productive use of services or partial services shall in any case be deemed as acceptance of the productively used part of the work without the need for an acceptance protocol. If an acceptance definitely fails, the regulations for the impossibility of rectification under the warranty shall apply mutatis mutandis.
3.7 Warranty
A BOT GmbH warrants that the services provided by it, for which a work result is sought, correspond to the specifications agreed in writing in the individual contracts and are free from defects that significantly cancel or reduce their suitability for use in accordance with the contract. However A BOT GmbH does not guarantee that the IT system will function without interruption or errors. In particular A BOT GmbH uninterrupted and error-free use of the software in all configurations selected by the customer. The warranty period is 6 months and begins on the day after acceptance. A BOT GmbH shall be obliged to remedy significant and reproducible defects within one month of receipt of the notice of defects by means of suitable measures to be taken by A BOT GmbH measures to be determined free of charge. If it succeeds A BOT GmbH If the customer is unable to rectify the defect within the grace period, the customer may demand a reasonable reduction in the agreed remuneration per individual contract or, in the event of a significant defect that prevents the customer from using the work as a whole, withdraw from the corresponding individual contract, whereby in the event of withdrawal the customer shall only be entitled to a pro rata refund of the remuneration already paid for the individual order. Warranty claims going beyond the right to rectification or withdrawal are fully and expressly excluded. In particular, responsibility for the correct selection and use of the products and services of A BOT GmbH and for the results achieved or not achieved by the customer. A BOT GmbH is exempt from any warranty if the defects reported by the customer are not exclusively and demonstrably caused by A BOT GmbH or if they are attributable to third-party causes, such as operating errors or interventions by the customer or third parties, changes to the agreed conditions of use and operation, in particular with regard to hardware and software, coincidence or force majeure. If not all of the warranty conditions listed herein are met A BOT GmbH shall be entitled to invoice its expenses to the customer.
3.8 Legal warranty
A BOT GmbH guarantees that it has all rights to provide its services in accordance with the contract. If a third party attempts to prevent the customer from using the services of A BOT GmbH the customer shall notify us of this in writing within 10 days. Provided that the customer A BOT GmbH informed of the third-party claim in due time and A BOT GmbH reasonably supported at all times, assumes A BOT GmbH the defense of the customer against such third-party claims at its own expense. A BOT GmbH shall, if necessary, modify its services in such a way that they do not infringe third-party rights if they fulfill all essential requirements in accordance with the individual contract. If a change to the service is out of the question, but third-party claims are identified, the customer is obliged to cease using the service immediately. A BOT GmbH is not obligated to defend the action if an infringement claim is based on the fact that the information provided by A BOT GmbH service rendered by the customer or by A BOT GmbH has been modified by a third party not authorized by the manufacturer, or that it has been used under conditions other than those specified.
3.9 Rights to work results
A BOT GmbH grants the customer the non-exclusive right to use the data provided by A BOT GmbH services rendered and the work results produced for the customer for work purposes as intended. The customer is not entitled to use the A BOT GmbH The customer shall not be entitled to pass on to third parties any work results produced or any further development undertaken by the customer or to grant third parties a right of use. In the case of services that are only to be provided over or for a limited period of time in accordance with the individual contract, the right of use granted to the customer shall be limited to the duration of the individual contract. All rights to any inventions, all copyrights and other industrial property rights to products, processes, methods, ideas, know-how, concepts, documentation, etc., which are created by A BOT GmbH used, developed, improved or otherwise used or deployed in the performance of the services for the customer are exclusively A BOT GmbH and can be accessed from A BOT GmbH for themselves and other customers in any way they wish.
4 Internet presence
4.1 Target group
The Internet presence of the A BOT GmbH and the offers contained therein are aimed exclusively at Internet users in Switzerland.
4.2 Content of the online offer
A BOT GmbH assumes no liability for the topicality, accuracy, correctness, completeness or quality of the information provided on the Internet. Liability claims against A BOT GmbHwhich refer to damages of a material or immaterial nature caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, are fundamentally excluded, provided that no liability is assumed on the part of the author. A BOT GmbH there is no evidence of willful misconduct or gross negligence. Before using the equipment A BOT GmbH The instructions for use included with the products purchased must always be observed.
4.3 Distancing from references and links / banners
The information provided on the website of the A BOT GmbH Some of the information provided on this website contains links to content from other content providers (e.g. via so-called "hyperlinks"). For such content A BOT GmbH only responsible if it has positive knowledge of possibly incorrect, illegal or punishable content and it is the A BOT GmbH technically possible and reasonable to prevent their use. A BOT GmbH has conscientiously checked this content at the time it was placed on the Internet, but cannot judge whether the respective content providers offer incorrect, illegal or punishable content through subsequent changes to their content or via further links. Due to the technical characteristics of the Internet A BOT GmbH therefore accepts no liability for the completeness or accuracy of the information provided on its website. In the case of links to external websites (e.g. "hyperlinks" or "banners"), however designed, which are outside the area of responsibility of the A BOT GmbH The respective operator of the linked website is solely responsible for the respective content. A BOT GmbH hereby expressly declares that at the time the links were created, no illegal content was recognizable on the linked pages. We have no influence on the current and future design, content or authorship of the linked pages. A BOT GmbH no influence. We therefore distance ourselves A BOT GmbH We hereby expressly disclaim all contents of all linked pages that were changed after the link was created. A BOT GmbH further declares that it does not adopt the content of external links as its own.
4.4 Offers subject to change
All offers are subject to change and non-binding. A BOT GmbH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice. The customer has no claim to the availability of the offer.
4.5 Copyright and trademark law
A BOT GmbH endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts it has created itself or to make use of license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights. The design and layout of the A BOT GmbH pages are subject to the worldwide copyright of A BOT GmbH. The unauthorized use, reproduction or distribution of individual contents or pages without the written consent of the A BOT GmbH will be prosecuted under criminal and civil law