7.6 User shall not install cameras or comparable Avonic Products in
toilets or changing rooms.
7.7 User shall not install cameras or similar Avonic products in living
areas.
7.8 The User shall observe a reasonable retention period for camera
images.
9.3 In all cases where Avonic is required to pay compensation, the
total liability of Avonic to the User, under any theory or grounds
whatsoever, shall always be limited, insofar as legally permissible, to
the net invoice value of the Product, or to that proportion of the
net invoice value to which a claim for compensation is directly or
indirectly linked. The total compensation owed by Avonic shall under
no circumstances exceed € 100,000 per event, whereby a series of
related events shall be regarded as a single event.
9.4 Liability for any indirect or consequential damage, including
but not limited to loss of profit or loss resulting from late delivery or
stagnation and damage resulting from claims by third parties, is
expressly excluded.
7.9 Avonic is not liable for any claims by third parties relating to
violation of the GDPR or infringement of privacy. Should it transpire,
on the basis of a court decision, that Avonic is still fully or partially liable
for claims by third parties in connection with the violation of the GDPR
or infringement of privacy, Avonic shall be entitled to recover the
amount of the damage and any other associated costs from the
User.
9.5 All claims against Avonic, except those acknowledged by
Avonic, lapse by the mere lapse of 12 months after the claim arose.
9.6 In the event of deliberate intent, gross negligence or deliberate
recklessness on the part of Avonic, the limitations on liability in this
article do not apply.
10. Code of conduct
7.10 User shall carry out a data protection impact assessment (DPIA)
if User intends to carry out any data processing using Avonic Products
that is likely to pose a high risk to the privacy of the individuals whose
data User processes. User shall identify the privacy risks of a data
processing operation in advance and take all available measures
to mitigate the risks. Avonic only makes cameras, audio-visual or
IT systems available and is in no way responsible for the use of
Avonic Products and Servoces and the Embedded software, nor for
assessing the risks to the privacy rights of data subjects in the event of
the (intended) use of Avonic Products by User.
10.1 User must use the Avonic Products and Services and/or other
facilities offered in a responsible manner. It is prohibited to use the
Avonic Products and Services and/or other facilities offered in any
way which:
a) damage to the systems of Avonic and/or third parties;
b) may cause or cause disturbances in use.
10.2 It is prohibited to use Avonic Products and Services and/or other
facilities offered for illegal practices. This includes, among others, the
following actions and behaviour:
7.11 User acknowledges that Avonic Products and Services, whether
or not in combination with Embedded Software, are not suitable for
use within every network, and that use is not always secure without
taking appropriate measures. Avonic recommends that Avonic
Products and Services only be used within a closed network, or within
a properly secured network. Avonic is not responsible for the network
and its security. Avonic is not responsible for the security of the User's
network, as Avonic cannot influence this.
8. Controls
a) infringing on the rights of third parties or enabling the infringement of
the rights of third parties, such as but not limited to intellectual property
rights and privacy rights;
b) failure to comply with the applicable legislation and/or other
regulations in this respect;
8.1 Avonic is entitled to incorporate technical limitations and control
mechanisms into Avonic Products and Services in order to prevent
abuses and/or to check that the User only uses them in accordance
with these Terms of Use.
c) spamming (the unsolicited distribution (or currently enabling
third parties to distribute) of advertising messages and other
communications);
d) creating/storing/distributing (child) pornography;
e) causing a danger to the functioning of computer systems or
networks of Avonic or third parties;
8.2 Avonic is entitled, either itself or through a third party, announced
or unannounced, to carry out checks at locations where the Avonic
Products and Services are used, if in the opinion of Avonic there is a
serious reason to do so, for as long as a User uses the Avonic Products
and Services. User shall ensure that all cooperation and access is
provided for this purpose.
f) sexual harassment, discrimination and/or any other form of
harassment;
g) distributing or in any other way making available to third parties
obscene, insulting and harassing material and/or other material of a
similar nature;
8.3 Should the User refuse to cooperate or grant access to Avonic,
Avonic is entitled to terminate all agreements with the User, including
the granting of the user license, with immediate effect and without
being liable for any further compensation. In this case, the User is
no longer entitled to use the software of the Avonic Products and
Services.
h) making threats;
9. Liability
i) storing and distributing viruses, worms and/or other destructive
activities;
j) hacking into the accounts, systems and/or networks of third
parties and/or Avonic without permission and/or performing and/
or refraining from performing any other act which makes hacking
possible.
9.1 Avonic is not liable for any breach of laws and regulations involving
the use of Avonic Products and/or Services by the Installer or User.
Avonic cannot be held liable for the use of its Products by Users and/
or third parties. The User hereby indemnifies Avonic in the broadest
sense of the word. It is up to the User to comply with all laws and
regulations applicable to him.
9.2 Avonic is not liable for damage of any nature whatsoever, unless
the liability of Avonic follows from mandatory legal provisions. In the
latter case, Avonic shall recover the damage from the User, the
Installer or third party who caused the damage through their actions
or omissions.
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