Terms of Use

1. General terms of use

1.1 Scope

The following conditions of use apply exclusively to the online solution "Material Data Manager". These conditions of use can be extended, modified or replaced on a case by case basis by additional conditions, e.g. for the acquisition of products and/or services. The software solution "Material Data Manager" provides software, device, component and system data and, if applicable, documents online to various user groups on demand or to be downloaded as a web solution.

The following user groups work with the solution:

•Manufacturers enter their device, component and system data with technical descriptions, ordering and CAD data into the "Material Data Manager".

•Plant operators define material approval lists with device, component and system data in the "Material Data Manager" for their suppliers. Material approval lists can be assigned to elements of the project structure.

•Suppliers that build and deliver plant, machines, etc. for the plant operators must register in the "Material Data Manager". After successful login to the "Materials Data Manager," the device, component and system data itemized in the materials approval lists are made available to the suppliers.

1.2 Definition device, component and system record/record

A record in the MDM is a device or order unit with a unique order or article number and the corresponding description.

1.3 VESCON services

VESCON takes on the operation, further development and support of the software "Material Data Management" solution, incl. plant operator-defined interfaces with the data processing systems and user administration.

In case of transfer of software, this is made available as a download in machine readable form. There is no requirement to publish the source text. The transferred software is not meant for disclosure to third parties or resale. VESCON has the right to assign its services to third parties.

1.4 Assistance and support

VESCON ensures that the hotline is available as follows:

Monday – Thursday: 9:00 am – 5:00 pm

Friday: 9:00 am – 3:00 pm

These fixed times refer to working days in Frankenthal, Germany.

1.5 Disclaimer of warranty

VESCON takes no responsibility for correctness, completeness or currency of content or the contents of the device, component and system data in the "Material Data Manager".

VESCON takes no responsibility for possible misuse of these data by third parties.

VESCON makes every effort to provide access to the website and all databases controlled by the website in timely fashion to the extent this is technically possible. However, for technical reasons, there is no claim that the services offered by VESCON are available at all times. In particular, VESCON retains the right to announce access times and modify them at short notice or to limit access to certain services or to limit or modify the offered services overall.

Liability claims against VESCON related to material or conceptual damages caused by the use,misuse or non-use of the services offered or caused by the use of erroneous and incomplete information, especially by erroneous or incomplete plant documentation and CAD data, are definitely excluded, to the extent that there is no proof of deliberate or negligent fault on the part of VESCON.

The "Material Data Manager" can contain hyperlinks to third-party websites. VESCON takes no responsibility for the contents of these websites and does not appropriate these websites and their contents, since VESCON does not control this linked information and is not responsible for the content and information to be found there. They are utilized at the user's risk.

VESCON takes appropriate security measures, in accordance with the latest state of technology, to keep the VESCON website free of viruses, worms and Trojans. Before downloading information, software and documentation, the user will make provisions for appropriate security measures and virus scanners for its own protection and in order to avoid introducing viruses onto the VESCON website.

1.6 Login and locking

Use of the "Material Data Manager" requires login and registration as user. Login is only permitted for legal entities and natural persons with unrestricted legal competence. The data requested by VESCON at login must be given completely. VESCON reserves the right to verify the login data. If it should happen that login data entered are erroneous or incomplete, the user concerned can be blocked.

When logging in the user acknowledges the existing conditions for use and agrees not to enter any obscene, extremist or insulting content into the Material Data Manager, as well as content that could be chargeable for other reasons. In case of infringement as well as of intentional illegal manipulation of data, VESCON reserves the right to communicate user and connection data to the prosecuting authorities.

VESCON has the right to block access to a user who uses the system illegally and/or in contravention of the responsibilities set forth in these conditions of use.

1.7 Data protection

An integral functionality of the Material Data Manager is collective access to stored data and the traceability of any change in these data.

It is possible to assign responsible persons respectively contact names to certain manufacturers. For this purpose individual-related data are required. They are entered and modified in the Material Data Manager by these persons themselves, via the menu "Extras / Settings" and assigned to records by VESCON using the user administration and then made available in the Material Data Manager. These data are:

a) a statement that the individual in question belongs in this group of persons,

b) occupation, industry or business identifier,

c) name,

d) title,

e) academic degrees,

f) address and e-mail address
and in addition:

g) phone and fax numbers

VESCON points out explicitly that all users of the Material Data Manager are allowed only to process or use these data to in order to operate the Material Data Manager and the workflows integrated into it.

The personal and company-specific data entered are treated with strict confidentiality by VESCON and are only available to other users for the purpose of MDM applications.

Third persons and companies have no access to these personal and company-specific data. Disclosure of these personal and company-specific data is also excluded.

The European General Data Protection Regulation (GDPR) - May 25th, 2018 is observed.

1.8 Changes in the conditions of use

VESCON reserves the right to change the conditions of use at any time with an appropriate notice period.

If there are changes, VESCON informs all active users of the "Material Data Manager" and publishes the changes in these conditions of use at www.materialdatenmanager.de.

If the user does not agree with the change or addition, he must disagree in writing within 30 days after receipt of the communication. If the user does not disagree with the modified conditions by the deadline, the changes go into effect, as announced in the notification.

If the changes or additions are imperative for VESCON for cogent legal reasons, the obligation of notice and the user's right to disagree do not apply. Changes and additions undertaken for such cogent legal reasons do not constitute grounds for a claim for compensation against VESCON.

Users have the right to disagree with these changes within 30 days. In this case, VESCON can cancel the contract with a notice period of 30 days.

1.9 Final provisions / severability clause

Exclusive competent court for all disputes resulting from the contractual relationship is Frankenthal.

The valid law is exclusively the law of the Federal Republic of Germany. This is also the case if a foreign-language version of the Material Data Manager is used with the corresponding operating manual and other documentation.

If a clause of the contract should be invalid or become invalid or should the contract be incomplete, the remaining content of the contract is not affected. The invalid clause must be replaced by a clause that legally resembles the invalid clause as closely as possible in sense and purpose. The same is true for possible gaps in the contract.

2. Additional conditions of use for manufacturers

2.1 Object of use

2.2 Obligation to cooperate

Manufacturers enter their device, component and system data with technical descriptions, as well as ordering and CAD data into the "Material Data Manager".

2.3 Utilization costs and accounting

Extended use of the Material Data Manager by manufacturers is subject to a charge.

3. Additional conditions of use for plant operators

3.1 Object of use

With the Material Data Manager, VESCON provides manufacturers with a software solution in which manufacturers, plant operators and suppliers can define device, component and system data. These data are available in the data processing system for plant operators to define material approval lists and for their suppliers for planning and ordering purposes. The prerequisite for setting up new records and modification of existing records for a manufacturer is the existence of a contractual relationship between VESCON and this manufacturer.

3.2 Obligation to cooperate

Plant operators define materials approval lists with device, component and system data in the "Material Data Manager" and make these available to their suppliers in the data processing system.

New device, component and system records for a materials approval list must be promptly published by the plant operator after successful proofing.

3.3 Utilization costs and accounting

Use of the Material Data Manager by a plant operator requires a separate contractual relationship with VESCON.

4. Additional conditions of use for suppliers

4.1 Object of use

With the Material Data Manager, VESCON provides manufacturers with a software solution in which manufacturers, plant operators and suppliers can define device, component and system data. After login to "Material Data Manager," suppliers can use the device, component and system data posted for them by the plant operator.

Disclosure to third parties of the data in the "Material Data Manager" is prohibited.

4.2 Obligation to cooperate

If a supplier determines that a record in the "Material Data Manager" is erroneous or incomplete, this record should be corrected by the supplier or reported to VESCON or the manufacturer. If a record required for the planning process is missing, it can be requested by the workflow “request for new device”. This requested devices has the state “temporary”. The recipient can set the state of the device to “active” or can delete it.

Records from manufacturers with no contractual relationship with VESCON are excluded.

4.3 Utilization costs and accounting

Use by the supplier of the basic module in the Material Data Manager and the device, article and material data published by the plant operator in the "Material Data Manager" is free of charge.

This free utilization includes defined and published interfaces to the CAD systems and depends on the seperate terms of use by the CAD systems manufacterers.