2.1. This Celestials Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2. Celestials may stop the operation of the Celestials Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Celestials cannot accept any liability for the continuous availability of the Celestials Web Site.

3.1. The use of any information, software and documentation made available on or via this Celestials Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Celestials. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

3.2. Celestials grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Celestials Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Celestials in making same available.

3.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Celestials shall make the source code available in return for the payment of costs.

3.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

3.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

4.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Celestials Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Celestials.

4.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5.1. In accessing or using the Celestials Web Site the User shall not -  breach public morality in its manner of use;

-  violate any intellectual property right or any other proprietary right;

-  upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;

-  transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or

-  distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.


5.2. Celestials may deny access to the Celestials Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6.1. The liability of Celestials for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Celestials is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.


6.2. Although Celestials makes every endeavor to keep the Celestials Web Site free from viruses, Celestials cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.