teamSync - the teamspace* synchronizer for Microsoft Outlook** ============================================================ TERMS AND CONDITIONS OF 5 POINT AG, DARMSTADT/GERMANY for the use of teamSync 1. scope of the treaty The following Terms and Conditions are valid for all works, services and performances rendered by 5 POINT AG (following: offerer) which are provided to users for free or for payment and which belong to the teamSync software. Contrary Terms & Conditions are invalid, except the offerer has declared a written acceptation. Complementary to these Terms & Conditions the "Terms & Conditions of 5 POINT AG" and the "Terms & Conditions of 5 POINT AG for the use of teamspace" also apply. 2. type of business The offerer offers his teamSync software only under the validity of these Terms & Conditions. teamSync supports the exchange of data solely between the software teamspace, developed and distributed exclusively by the offerer, and the software MICROSOFT OUTLOOK by Microsoft Corporation, Redmond, Washington/USA. With teamSync calendar and address data can be exchanged between teamspace and Outlook. The use of teamSync for any other than the aforementioned case is prohibited. Generally the offerer is freed from any claims for damages. To conduct this type of work, teamSync offers the possibility to users to install and use the software on their computers. In detail teamSync offers the following possibilities: Importing of calendar and contact data from teamspace teams to Outlook folders Importing of calendar and contact data from Outlook folders to teamspace teams Exporting of calendar and contact data from teamspace teams to Outlook folders Exporting of calendar and contact data from Outlook folders to teamspace teams The user decides on his own, which and how many data he wants to exchange between Outlook and teamspace. 3. right to use / prices The use of teamSync is free of charge and is principally permitted to every Internet user. If teamSync is used by the user together with a regular or test teamspace licence, the user is entitled to technical support by the offerer by phone or e-mail. All other users are not entitled to these services at all. Contract partner and responsible for the use of teamSync, all of its acts and the observance of these Terms & Conditions and the "Terms & Conditions of 5 POINT AG" and the "Terms & Conditions of 5 POINT AG for the use of teamspace" is the user himself. 4. manner of use Use and spread of any material offending German law, especially criminal law or the law of the respective recipient country is prohibited. Consequence of any offence to this rule is the immediate expiration of the right of use for teamSync. In addition the offerer reserves himself the right to immediately delete any teamspace team of the user that is connected to the use of teamSync, including the eventual loss of data for the user, without any prior announcement and without the user being entitled to any kind of refund of already paid licence fees and other costs for teamspace. The offerer reserves himself the right to claim damages from the user in these cases. Every user binds himself to comply with the offerers copyright and to take care that it will not be violated by his use. Every user is obliged not to copy, to assign or to spread in any other way software or any other copyright-protected material made available by the offeror. The user commits himself to exempt the offerer from all demands for payment of damages which are raised from third parties due to a damage by a teamspace team in connection with the use of teamSync against the offerer. The offerer reserves the right to place/show any kind of own and third parties advertisements anywhere in the services offered under teamSync. 5. availability / warranty / liability The offerer runs teamSync with the care and reliability required. Nevertheless the user recognizes that because of non-appropriate use of teamSync by him, technical reasons and because of the connection to a third party's software, a 100% guarantee for data preservation is not possible. That's why any data loss by users do not give them a right to claim for warranty or damages. This is also true for all losses of and damages to data and all direct and indirect other damages to and losses of data and claims for damages resulting from them. The offerer is liable only for damages, which were caused by gross negligence or by intention. Especially, the offeror is not liable in case of data loss, abuse or any other disturbance caused by sources outside of teamSync or other sources which are not in the offeror's influence scope. In case of gross negligent damaging of single users, compensation for any direct and/or indirect consequential damage including lost profits is excluded. 6. place of fulfilment / applicable law / jurisdiction Place of fulfilment is Darmstadt, Germany. Only German law is applicable to every conflict directly or indirectly regarding the use of teamSync. Local jurisdiction is Darmstadt. * teamspace is a registered trademark of 5 POINT AG ** Outlook is a registered trademark of Microsoft Corporation (C) 2009 5 POINT AG, Saalbaustraße 27, 64283 Darmstadt/Germany