1.2.The use of MSC Downloads is at the user's own risk. MSC Technologies GmbH (hereinafter called "MSC") does not assume any guarantee or liability whatsoever for the completeness, topicality, accuracy and quality of the contents and information provided on MSC Downloads.
2.The Use of MSC Downloads and the Contents and Information provided on this Server
2.1.The contents and information on MSC Downloads are provided to the users free of charge - unless indicated otherwise.
2.2.MSC shall not assume any liability for any consequential damage, in particular loss of profit, loss of production, operational interruptions or loss of data. - except in cases of gross negligence or intent as well as injury to life, body and health and claims arising from the Product Liability Act.
2.3.MSC shall not be responsible for any damage arising from abuse of contents and information on MSC Downloads by the user. The user shall hold MSC harmless against any claims of third parties including costs of legal defence - to full extent and upon initial request.
2.4.MSC points out that the contents and information can be subject to industrial property rights; such industrial property rights without exception (especially naming and trademark rights) remain the rights of MSC or the respective right holder.
2.5.The driver packages available on MSC Downloads have not been developed by MSC. All driver packages have been adopted from the respective producer without any changes and are mainly available on the Internet free of charge. The driver packages have been compiled by MSC to the best of its knowledge and belief. Nevertheless, MSC recommends that the user shall make a data backup prior to any installation and to take adequate precautions for the event that the software, in particular the driver, does not operate properly in whole or in part.
2.6.MSC shall assume no liability that the software and driver packages meet the requirements of the user, that the selection chosen by the user is compatible, and that the packages work without any conflict.
3.Important Information on Computer Viruses
Although MSC will always take every precaution to keep MSC Downloads virus-free, MSC cannot be held liable and cannot guarantee freedom from viruses. Prior to downloading contents and information, the user shall take adequate precautions for his/her own protection and use a reasonable virus-scanner, but also for preventing viruses from being introduced to MSC Downloads.
4.Place of Jurisdiction / Applicable Law
The place of jurisdiction shall be Stutensee, if the user is a merchant, a legal person under public law or a special fund under public law. This shall also apply if the user does not have a place of general jurisdiction in Germany or if his place of residence is unknown or abroad. The law of the Federal Republic of Germany shall exclusively apply, excluding international private law and the UN purchasing law (CSIG regulations).