Terms of Use2018-10-30T16:14:09+00:00

ADONIS:Community Website

All content of this website is copyrighted by BOC Products & Services AG (BOC Group). Third party content is licenced accordingly and may be copyrighted by its respective owner. Reproduction and redistribution of content on this website is allowed under the strict condition that such reproduction or redistribution is acompanied with a clear copyright statement (such as: “Copyright [current year], BOC Products & Services AG, https://www.boc-group.com; All rights reserved.”).

Here you can find all information About this Website (Imprint).

Here you can find all information about our Privacy Policy.

BOC Group Online Services

The present service descriptions govern all self-service offerings of BOC Group on the ADONIS:Community website. Other services, that are subject to a specific agreement between BOC Group and the client, are governed by the specific contract, the General Terms and Conditions and any related data processing agreements in place.

BOC Group Online Services are segmented in three categories:

  • Marketing Services
  • Non-commercial Subscription Services
  • Commercial Services

Such Services are provided solely to natural or legal persons in terms of §§1-3 UGB (Unternehmensgesetzbuch, Austria) which are registering for and using BOC Group Online Services in execution of their commercial or independent professional activities.

Several BOC Group Online Services contain Software Subscription Management services (free of charge or paid), which span software licences, maintenance services and operations services. In the course of such Software Subscription Management services, BOC Group grants the Client a non-exclusive, non-transferable licence to use the software in accordance with all of the terms and conditions of this agreement. This licence does not include the right to sublicence or to pass account details to third parties. The licence shall remain effective only as long as the subscriber and all associated users are in full compliance with all the terms and conditions and shall terminate automatically if any user fails to comply with any such term or condition or upon expiration or cancellation.

Software Subscriptions expire at the end of their defined lifetime or according to the defined cancellation period.

Software Subscriptions allow the subscriber and its associated users to store account data in the software product provided. BOC Group is not responsible for any of the data stored by the subscriber or any associated user. In particular, BOC Group is not obliged to check whether the data stored violate applicable law, in particular the copyright, registered trademarks and competition regulations. For details on data retention, please see the corresponding section for Software Account Data Handling.

In the following, all BOC Group Online Services are described in detail and references to the corresponding sections of the Privacy Policy are made.

Marketing Services

These services span any form of content available against registration, info request, event registration or software try-outs that is available free of charge.

Content Request – Online brochures, folders, posters, articles etc.: Service Description

BOC Group provides specific content on its website, such as online brochures, folders or posters, expert articles, market or analyst research. Access to some of this content is bound to personalized registration.

People who requested access to specific content may receive communication on new product releases and may be contacted by BOC Group or its affiliates for the reason of discussing opportunities in exploring professional services.

People who requested access to specific content are also registered on a Terms & Conditions Confirmation Log for documentation purposes.

Please see the corresponding processing activities in the Privacy Policy for details on which data BOC Group needs to process and how it is processed in detail.

Info/Offer/Contact Request: Service Description

BOC Group offers contact forms on its website with the purpose to allow visitors to submit requests for information, for quotations (offers) or to trigger a personal interaction with BOC Group (contact request).

People who submitted an info/offer/contact request will be contacted by BOC Group in the course of this request and may receive communication on new product releases or opportunities in exploring professional services.

People who submitted an info/offer/contact request are also registered on a Terms & Conditions Confirmation Log for documentation purposes.

Please see the corresponding processing activities in the Privacy Policy for details on which data BOC Group needs to process and how it is processed in detail.

Non-commercial Subscription Services

These services span any form of online services that are available upon registration and provide continuous value to the registered peers through a subscription model.

Newsletter: Service Description

BOC Group provides periodic email newsletters to all its subscribers free of charge. Website visitors have the opportunity to subscribe to our newsletter online in order to receive information about free webinars, regional events, product news and other industry-related news.

All newsletter recipients are registered on a Terms & Conditions Confirmation Log for documentation purposes.

Please see the corresponding processing activities in the Privacy Policy for details on which data BOC Group needs to process and how it is processed in detail.

ADONIS:Community: Service Description

The ADONIS:Community is an online platform for people interested in Business Process Management or Analysis (BPM / BPA). This platform allows registered people to interact with each other, exchange ideas and opinions, and provides ADONIS:Community members with a free cloud-based software account to the Community Edition of ADONIS (BPM / BPA), hereafter: ADONIS:CE.

CHARACTERISTICS

Membership to the ADONIS:Community can be solicited by registering on the ADONIS:Community website. It entails access to ADONIS:CE for the term stated under the licence agreement. ADONIS:CE is a free, cloud-based, single-user version of BOC Group’s BPM tool ADONIS with a restricted feature set. Members of the ADONIS:Community receive emails about the lifecycle status of their ADONIS:CE account. These lifecycle emails are complemented by emails about best practices, tipps and tricks in BPM, community events and product news.

Users of ADONIS:CE can choose to provide anonymous feedback on their experience with the tool through a survey link placed in the top navigation bar inside ADONIS:CE.

The service for ADONIS:Community involves:

  • Software Account Content Data Handling
  • Software Subscription Management
  • Service Optimization and Usage Statistics
  • Tutorial Subscription
  • Optional Surveys

After expiration of the ADONIS:CE account or termination of the ADONIS:Community membership, the account content data will be exported and retained for threehundredsixtyfive (365) days and will be permanently deleted after this period. Within this period, the exported data will be made available for download or deletion in a private email link.

Users of ADONIS:CE are not entitled to any technical support, email, phone or personal support, or updates for the software or services licenced under this agreement. BOC Products & Services AG provides updates to ADONIS:CE at its own discretion and provides the service only until further notice. BOC Products & Services AG reserves the right to schedule and execute downtimes for maintenance at any time.

LICENCE AGREEMENT

By registering for ADONIS:CE you are granted a non-exclusive, non-transferable (without the right to sublicence), temporary licence to use the ADONIS:Community Edition in accordance with all the terms and conditions of this licence.

You agree that your use of ADONIS:CE shall comply with all applicable laws and regulations.

It is not allowed to

  • to defeat any use restrictions incorporated into the ADONIS:Community service or into ADONIS:CE,
  • to reverse engineer, decompile, or dissamble ADONIS:CE,
  • to attempt to break ADONIS:CE, its login page, its associated services etc.,
  • to attempt to inject (malicious) code via any interface, be it migration service, file upload, or others,
  • to sell, transfer, rent, lease or assign your ADONIS:CE licence to any third party,
  • to transfer your rights under this licence to someone else,
  • to transfer ADONIS:CE account details to someone else,
  • to modify ADONIS:CE,
  • to merge ADONIS:CE as part of any other product or collection of products,
  • to create derivative works derived from ADONIS:CE or any component thereof,
  • to use ADONIS:CE or any of its components to create any product that competes with BOC’s products, services or any of their components,
  • except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions, or that they were explicitly agreed to by BOC Products & Services AG in writing.

In addition, in no event BOC Products & Services AG authorizes you or anyone else to use ADONIS:CE in applications or systems where ADONIS:CE’s failure to perform could reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to, use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems. ADONIS:CE is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to defend, indemnify and hold BOC Products & Services AG, and its principals, shareholders, officers, employees, affiliates, contractors, and licensers, harmless from any and all claims or losses relating to such unauthorized use.

An ADONIS:Community member

  • may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the ADONIS:Community offering
  • may not use the ADONIS:Community services to engage in any activities that may interfere with the ability of others to access or use the ADONIS:Community services
  • is strictly prohibited from attempting to gain access to the accounts of other ADONIS:Community members, or violating system or network security, each of which may result in criminal and civil liability. BOC Products & Services AG will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. BOC Products & Services AG may, but is under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes.

TERM & TERMINATION

The membership to the ADONIS:Community is concluded for an indefinite time period and can be cancelled by unsubscribing from the ADONIS:Community membership list.

The licence agreement for ADONIS:CE is valid for 60 days after registration and renews automatically upon each login to ADONIS:CE.

The licence agreement shall remain in effect only as long as you are in full compliance with all of its terms and conditions, and shall terminate automatically if you fail to comply with any of the terms and conditions. Upon termination of this licence, you shall have no right to make any further use of ADONIS:CE.

All other paragraphs of the terms and conditions shall survive the termination of the licence agreement. BOC Products & Services AG may freely assign or delegate this Licence, in whole or in part and reserves the right to cease the delivery of the ADONIS:Community and ADONIS:Community Edition services at any time.

LIMITED WARRANTY AND EXCLUSION OF LIABILITY

The provisions of this paragraph apply to the maximum extent permitted by applicable law. You may have other rights, which vary from country to country.

ADONIS:CE is provided to you free of charge and “as is” without warranty of any kind. BOC Products & Services AG does not warrant that ADONIS:CE will meet your requirements, or that the operation of the product version will be uninterrupted or error free. The entire risk as to the results and performance of ADONIS:CE is assumed by you. BOC Products & Services AG does not make, and hereby disclaims any implied warranties of non-infringement, merchantability and fitness for a particular purpose. No oral or written information or advice given by BOC Products & Services AG, its dealers, distributors, agents or employees shall create a warranty and you may not rely on any such information or advice.

Neither BOC Products & Services AG, its principals, shareholders, officers, employees, contractors, affiliates, licensors, nor anyone else who has been involved in the creation, production or delivery of ADONIS:CE, shall be liable for any business interruption, or loss of business, data or use of computer systems, regardless of how the foregoing damages are characterised, or for any direct, indirect, consequential, incidental, punitive or any other damages arising out of the use or inability to use ADONIS:CE, even if BOC Products & Services AG has been advised of the possibility of such damages. The limitations set forth above shall be deemed to apply to the maximum extent permitted by applicable law. You acknowledge and agree that you have fully considered the foregoing allocation of risk and find it reasonable in light of the fact that the ADONIS:Community and ADONIS:CE are supplied to you free of charge, and that the foregoing limitations and exclusions are an essential basis of the bargain between you and BOC Products & Services AG.

The parties acknowledge and agree that no third party (including but not limited to your customers, clients or licensees) shall have any rights, either against BOC Products & Services AG or its licensers, as a third party beneficiary of any rights, licences, products or services granted or provided by us to you hereunder.

Without limiting the foregoing, you understand that ADONIS:CE is subject to the export control laws and regulations of Austria. You agree that you will not export or re-export ADONIS:CE in violation of such laws or regulations.

OWNERSHIP AND CONFIDENTIALITY

All patents, copyrights, trademarks, trade secrets and other intellectual property as well as other proprietary rights in ADONIS:CE are and shall remain with BOC Products & Services AG or its licencers. The source code of ADONIS:CE and all information regarding the design, structure or internal operation of ADONIS:Community and ADONIS:CE are valuable trade secrets of BOC Products & Services AG or its licencers (“Confidential Information”). To the extent, if any, to which you learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information. The restrictions set forth in this paragraph do not apply to information that was publicly known prior to the time you received it, or which becomes known to you through no violation of any obligation of confidentiality on the part of you or any third party. You shall not remove any copyright or other proprietary notices contained in or displayed on the ADONIS:Community or ADONIS:CE. All rights of any kind that are not expressly granted in this licence agreement are entirely and exclusively reserved to BOC Products & Services AG or its licensers.

WRITTEN FORM

These terms and conditions form the entire agreement between you and BOC Products & Services AG regarding the subject matter set forth herein, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

SEVERABILITY

If an individual provision of these terms and conditions is or becomes ineffective or invalid, the effectiveness and validity of the remaining provisions shall remain unaffected. The ineffective or invalid clause shall be deemed to be replaced by an effective and valid provision that corresponds in economic terms, to the regulatory purpose intended by the author of the document at the time of establishment of these terms and conditions. The prevailing party in any action to enforce or interpret these terms and conditions shall be entitled to recover its costs and expenses, including attorneys fees.

APPLICABLE LAW AND PLACE OF JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Austria, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention. Place of jurisdiction is Vienna, Austria.

Notwithstanding the foregoing, BOC Products & Services AG shall have the right to seek injunctive relief and the enforcement of judgments in any court of competent jurisdiction. Any waiver by BOC Products & Services AG of any violation of this Licence by you shall not constitute, nor contribute to, a waiver by BOC Products & Services AG of any other or future violation of the same provision, or any other provision, of this Licence.

Disclaimer: The opinions exchanged in the ADONIS:Community are the community members’ personal opinions and do not necessarily represent the opinion of BOC Group or its affiliates.

People who registered for the ADONIS:Community may receive communication on new product releases and may be contacted by BOC Group or its affiliates for the reason of discussing opportunities with professional services.

Acceptance of these terms and conditions is mandatory in order to register successfully for the ADONIS:Community. By accepting these terms and conditions you agree to be bound by and comply with all of its terms.

People who registered for the ADONIS:Community are also registered on a Terms & Conditions Confirmation Log for documentation purposes.

Please see the corresponding processing activities in the Privacy Policy for details on which data BOC Group needs to process and how it is processed in detail.

Commercial Services

On the ADONIS:Community Website, currently no commercial services are offered.

Disclaimer of warranty and links to other websites

BOC Products & Services AG is concerned with providing correct and complete information within the reason. BOC Products & Services AG does not assume liability or guarantee that any of the provided information is up to date, correct, or complete. That applies to all links this website refers to directly or indirectly. BOC Products & Services AG is not responsible for the content of a page reached by a link.

BOC Products & Services AG reserves the right to change or edit content provided on the website, without further notice.

BOC Products & Services AG is not liable for direct or indirect damage, claim, or loss of profit, connected to information provided on this website.

Copyright and trademarks

BOC, the BOC logo, all products, product names, and product logos of BOC are registered trademarks of BOC Products & Services AG. All rights reserved.

Further product and company descriptions are subject to the copyright of the corresponding companies. All listed trademarks are property of the corresponding producers. Mentioning them does not violate any copyright regulations.

BOC reserves the right to update, improve and edit the content of the website at any time without announcement.

General Terms and Conditions of the BOC Group

Here you can find our General Terms and Conditions.

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BOC Products & Services AG Operngasse 20b, 1040 Vienna

Web: www.boc-group.com

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