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I. EXPO-X - General Terms and Conditions of Business and Use for Exhibitors Status: August 2020
These General Terms and Conditions of Business and Use (hereinafter referred to as GTC) govern the contractual relationship between rooom AG, Löbstedterstraße 47a 07749 Jena (hereinafter referred to as 'rooom') and the Exhibitor.
§ 1 Services of rooom
1. rooom provides the EXPO-X platform on the Internet, which enables the Exhibitor to create and offer virtual trade fairs and other virtual or physical-virtual (hybrid) events via a comprehensive do-it-yourself platform.
2. rooom's contractual performance consists in the successful granting of the use of the platform and the rooom software including the additional offers that can be booked additionally. The offer can be found on the website www.expo-x.de .
§ 2 Scope of application and conclusion of contract
1. Depending on the selection, the Exhibitor is offered different service packages. The selection of the package is possible on individual request. Booking requests can be made in writing or by text form (e-mail) on the homepage www.expo-x.de. The offers of a package on the homepage are always subject to change and non-binding. The presentation and/or advertising of the services offered by rooom on the EXPO-X website is merely a non-binding invitation to submit an offer, but not a binding offer on the part of rooom to conclude a contract.
2. rooom will send the organizer an offer upon request.
With the express confirmation of the booking request by rooom a legally binding contract between rooom and the Exhibitor is concluded (hereinafter referred to as the 'Contract').
3. These terms and conditions are the basis and part of the contract and apply exclusively. Conflicting, deviating or supplementary terms and conditions of the organizer are not applicable and are excluded. Such terms and conditions will not become part of the contract, even if rooom does not expressly object, accepts payments of the Exhibitor without reservation or provides the service without objection. If the contract contains provisions that deviate from these GTC, these provisions shall take precedence over any provisions from which they deviate. The remaining provisions of these GTC remain unaffected and apply accordingly.
4. These GTC shall only apply to companies within the meaning of § 14 BGB (German Civil Code), as well as to legal entities under public law or special funds under public law.
§ 3 Services provided by rooom
1. rooom provides the organizer with the version of the EXPO-X software ordered by the organizer as Software-as-a-Service for the duration of the contractual relationship.
2. The Exhibitor receives access data after conclusion of the contract. With the access data, the organizer can create a user account and use the services within the scope of the contractual agreement of EXPO-X.
3. rooom's services result from the contract, the technical functions available in the current version of the software and the selection of the service package by the organizer. The current scope of functions of the rooom software is shown in the current service description on the website www.expo-x.de.
4. The contractual partners can only agree to changes in the services by mutual consent in text or written form. Oral collateral agreements are only binding if they have been confirmed by both contracting parties in text or written form.
5. rooom provides the Exhibitor with the storage space required for the unrestricted contractual use of the data generated by the Exhibitor of the Software and/or the data required for the use of the Software. rooom does not have any custody and care obligations with regard to this customer data, unless these are agreed upon between the parties according to other contracts.
6. rooom only provides the respective infrastructure, unless the parties agree otherwise. These can be accessed via the Internet. A functioning internet connection and suitable hardware is required to use the Service. The customer is responsible for this himself.
§ 4 Prices and terms of payment
Cdf opener. 1. the Exhibitor undertakes to pay rooom the remuneration agreed upon in the contract plus the statutory VAT within 14 days after receipt of the invoice. Icollections 4 8. The prices to be paid by the Exhibitor are based on the scope of services listed in the booking confirmation. rooom always invoices the services in advance according to the billing period chosen by the Exhibitor.
2. the organizer has the possibility to order a higher rooom version during an accounting period ('upgrade'). If an upgrade is selected, the fees already paid will be invoiced proportionately.
§ 5 Duties and obligations of the organizer
1. The organizer is not entitled to make his account available to third parties or unauthorized persons to use the services of rooom.
2. The organizer is responsible for the data and contents he has posted.
3. The Exhibitor must ensure that his technical requirements are sufficient to use the rooom software. An outdated browser, an older terminal device or a slow Internet connection may mean that the service cannot be used or can only be used partially.
4. the organizer undertakes not to store any illegal content that violates laws, official regulations or the rights of third parties on the storage space provided by rooom. He will ensure that programs, scripts or other data installed by him do not endanger the operation of the server or the security and integrity of other data stored on the servers of the Provider. The organizer exempts rooom from any claims by third parties including the costs caused by the claims.
5. The Exhibitor undertakes not to interfere in any way with the system of rooom. Electronic attacks on rooom (including all hardware and software used to operate the platform) are not permitted.
6. the following interventions in particular are not permitted:
- Hacking attempts (circumvention and/or override of security measures);
- Denial of service attempts, i.e. attempts with a large number of generated requests tothe rooom servers to prevent, slow down or make them inaccessible during theexecution of the activity;- Checking, scanning or testing the weak points in the system;
- Use and/or procurement and manipulation of parts of the offered services for whichno invitation was received via link;
- Unsolicited sending of advertising or spam;
- Bypass storage space limitations depending on account type.
7. rooom reserves the right to block the affected content and/or the account of the Exhibitor if an Exhibitor violates these rules of conduct and rooom becomes aware of it. The Exhibitor will be informed about the violation by e-mail and will remedy the violation within one week. In case of violation rooom is entitled to delete the content or the account of the organizer.
8. The Exhibitor shall ensure that the Exhibitors and users of its events are bound by these rules of conduct.
§ 6 Availability - Fault management
1. rooom draws the attention of the Exhibitor to the fact that restrictions or impairments of the services provided may occur which are beyond the control of rooom. This includes, in particular, actions of third parties not acting on behalf of rooom, technical conditions of the Internet that cannot be influenced by rooom as well as force majeure. The hardware and software used by the Exhibitor, as well as the technical infrastructure can also have an influence on the services provided by rooom. If such circumstances influence the availability or functionality of the services provided by rooom, this does not affect the contractual conformity of the services provided.
2. rooom provides the contractual services with a total availability of 98.5%. The availability is calculated on the basis of the time allotted to the respective calendar month within the contractual period minus the time required for the installation of updates, new releases and/or other modifications and maintenance work.
3. rooom backs up the contents of the storage space provided for the intended storage space on each working day. The data backup is carried out on a rolling basis in such a way that the data backed up for one weekday is overwritten when the data is backed up for the following same weekday. The data backup is performed for the entire server content. The user therefore has no claim to the surrender of one of the backup media, but only to the transfer of the backed-up contents back to the server.
§ 7 Rights of use of the rooom software
rooom grants the Exhibitor the non-exclusive and non-transferable right to use the rooom software selected by the Exhibitor as intended for the duration of the user relationship.
§ 8 Rights of use of the contents, property rights
1. the Exhibitor confirms that he is the owner of the copyright and/or exploitation rights or the owner of other property rights of the content posted on the rooom server. If the Exhibitor is not himself the author or owner of the rights of exploitation and use, he confirms and guarantees that he is entitled to grant the following rights to third parties.
2. In order to fulfil the performance obligations arising from the contract, the Exhibitor grants rooom the non-exclusive right of use, which is limited in time to the execution of the contract and is geographically unrestricted, to reproduce and distribute, process and redesign the content uploaded by the user to the rooom servers in whole or in part; to incorporate the contents in whole or in part in other works, to reproduce them publicly and to make them publicly accessible; to present, recite and/or perform the contents in whole or in part; to reproduce the contents in whole or in part by means of image and sound carriers, radio broadcasts and in the context of making them publicly accessible. The organizer grants rooom the right to grant the aforementioned rights of use to third parties within the framework of sublicenses within the scope of this contractual relationship.
Istatistica 1 2 2. 3. if third parties assert claims against rooom with the allegation that rooom violates legal regulations and/or infringes their rights, the organizer will indemnify rooom from all claims of third parties upon first request and compensate rooom for any costs and damages beyond this, in particular indemnify rooom from the costs of an appropriate legal defense. This does not apply, however, if the Exhibitor is not responsible for the violation of the rights of third parties and/or legal regulations. rooom will support the Exhibitor within the bounds of reasonableness by providing information and documents in the legal defence against the third parties. The provisions of this paragraph apply accordingly, if third parties assert claims against rooom due to the non-compliance with assurances of the user.
§ 9 Term of contract and termination
1. The term of the contract is subject to a special agreement.
2. The termination must be declared in writing or in text form. For the extension periods, the remuneration will be calculated in advance and invoiced to the organizer.
4. The notice of termination must be addressed to: kuendigung@rooom.com or in writing: rooom AG Löbstedterstr.47a 07749 Jena
5. The right to terminate without notice for good cause (extraordinary termination) remains unaffected. An important reason exists in particular if the Exhibitor is 60 days in arrears of payment or violates the obligations of conduct in § 5 No. 4., § 5 No. 5. and § 5 No. 6.
6. If the use of the account ends due to an extraordinary termination by rooom, the account can be deleted by rooom. If rooom gives extraordinary notice of termination, it will inform the Exhibitor that the account will be deleted within a reasonable period of time.
7. rooom advises the Exhibitor that after successful deletion, all content and data stored by the Exhibitor on rooom's server can be irretrievably deleted.
§ 10 Liability and warranty
1. rooom guarantees the functional and operational readiness of its services according to the provisions of this agreement.
2. In the event that services of rooom are used by unauthorized third parties using the access data of the organizer, the organizer is liable for the resulting fees within the scope of civil law liability until receipt of the customer order to change the access data or the report of the loss or theft, if the customer is at fault for the access of the unauthorized third party.
3. rooom is entitled to immediately block the storage space if there is a justified suspicion that the stored data is illegal and/or violates the rights of third parties. A reasonable suspicion of illegality and/or violation of rights exists in particular if courts, authorities and/or other third parties notify rooom of such suspicion. rooom must immediately notify the customer of the blocking and the reason for it. The block is to be lifted as soon as the suspicion is invalidated.
4. rooom is liable without limitation for damages caused intentionally or negligently by rooom, its legal representatives or vicarious agents arising from injury to life, body or health.
5. liability for slightly negligent breaches of duty is excluded, provided that no essential contractual obligations (cardinal obligations), damages from injury to life, body or health or guarantees are concerned or claims under the Product Liability Act are affected. The aforementioned limitation of liability also applies in favour of the legal representatives, vicarious agents and employees of rooom, if claims are made directly against them.
6. rooom is not liable in the area of tenancy law and similar usage relationships for errors already existing at the time of the conclusion of the contract. This limitation of liability only refers to defects of the rental property that are not caused intentionally or by gross negligence.Any further liability of rooom is excluded.
7. rooom does not assume any liability for the storage of the content on the rooom server.
8. All contractual and legal claims of the Exhibitor against rooom are subject to a limitation period of 12 months, unless they are based on intentional actions of the legal representatives of rooom, its vicarious agents or its employees. The same applies to direct claims against these persons.
§ 11 Confidentiality
The contracting parties undertake to maintain secrecy about all confidential matters and processes which come to their knowledge in the course of the provision of services or the execution of the contract, during and after the termination of the contract. The Organizer shallensure that all third parties and/or vicarious agents employed by him observe this obligation of secrecy. All contents of the contract, as well as information marked as confidential, which contains business and trade secrets and/or is of a confidential nature from the point of view of a third party, are considered confidential. Information is not of a confidential nature if it is already in the public domain or has been expressly released from confidentiality in writing. Also excluded from the obligation is such information that must be disclosed due to a legal, judicial or official order.
§ 12 Other regulations
1. These GTC shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
2. Amendments and supplements to the contract must be in text form to be effective.
3. rooom reserves the right to change these GTC at any time with effect for the future, if there is a factual reason for doing so. This is especially the case if rooom expands or changes its range of services or if the legal situation changes. rooom will inform the Exhibitor of any changes in good time and will give the Exhibitor a reasonable period of time to object to such changes. If the Exhibitor does not object within this period of time, this is considered as consent. In the notification of the planned change, rooom will specifically point out the importance of the cancellation period.
4. the contractual language is German.
5. If translations of these GTC are made, only the German version shall be legally binding.
II. Additional general terms and conditions for individual services, special services, agency services of rooom
§ 1 Scope of services
1. The parties shall enter into a separate agreement on the type, scope of services and time of performance. The basis for this is the preliminary discussions of the contractual partners and the documents produced in this connection. On this basis, the services are continuously developed within the framework of project management.
2. If the customer wishes a subsequent change to a service description, he will inform rooom in writing of the changed ideas as early as possible in a concrete form. rooom will examine the change with regard to the technical feasibility and with regard to additional financial and time expenditure. If it turns out that the additional expenditure is easily quantifiable, the customer will be informed of this. If rooom is of the opinion that a detailed examination is necessary, which is to be paid for according to time and effort, it will inform the Customer. Changes will result in a corresponding postponement of dates by the duration of the voting. Until an agreement has been reached, the originally agreed service content will otherwise remain in effect.
3. rooom is entitled to change or deviate from the provision of services, if the change or deviation is reasonable for the customer taking into account the interests of rooom.
§ 2 Third party / subcontractor
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rooom is entitled to determine the manner in which the services are to be provided at its own discretion. rooom is entitled to commission third parties to provide the agreed services.
§ 3 Retention of title, rights of use and exploitation of services
1. rooom reserves the right of ownership of its services until full payment has been received.
2. The granting of rights of use or exploitation of the services provided by rooom is subject to the condition precedent that the services have been paid in full by the customer. Until full payment has been received, the use is only revocable within the scope of the actions to be performed by the Customer (e.g. functional tests). The revocable permission endsautomatically if the customer is in arrears with the payment of a part of the remuneration, unless the payment arrears are insignificant.
3. rooom provides the customer with a simple, spatially unlimited, non-transferable right to use the services of rooom for the contractually intended purposes.
§ 4 Obligations of the customer
1. The customer designates binding contact persons and deputies who will conduct the communication with rooom.
2. The customer will provide the necessary information, data, materials and documents (hereinafter referred to as 'material') in good time. The Customer will only provide such material that has the formats required by rooom and is secure with regard to data carriers and data content (this includes, among other things, checking for viruses or other technical problems).
3. The Customer reacts torooom's requests without being asked to do so within a reasonable scope during the provision of services, in particular by immediately communicating releases and responding to requests.
4. The customer assures and is responsible for ensuring that the material provided by him/her does not violate legal regulations (e.g. including data protection) and is free of third-party rights (in particular third-party personal rights, copyrights, trademark rights, trade secrets) which could restrict its use.
5. If the customer is obliged to provide rooom with materials within the framework of the execution of the contract, he must immediately make these available to rooom in a usable digital format. The customer ensures and warrants that he/she holds the necessary rights to use the materials and that he/she may grant rooom the corresponding rights of use. In the event that rooom, for whatever legal reason, is held liable by third parties due to an infringement of industrial property rights resulting from materials provided by the customer, the customer shall indemnify rooom from all claims.
6. The customer shall perform the acts of cooperation at his own expense.
7. If the customer is in default in the fulfilment of these cooperative acts and/or does not fulfil them properly, rooom can demand appropriate compensation. Seasonality core 2 6 cylinder. Further rights of rooom remain unaffected.
§ 5 Performance dates and acceptance
1. Deadlines for the provision of services are only binding if expressly agreed at least in text form In the absence of an express agreement, these are merely target dates which are developed further within the framework of the project processing. The parties shall inform each other immediately in the event of deviations in the schedule.
2. Breaches of duty and disruptions in performance for which the customer is responsible (including but not limited to failure to provide cooperation services on time) or due to force majeure (including but not limited to general disruptions in communication, strike, orders from authorities, lockout, risk of spreading communicable diseases) entitle rooom to postpone the services for the duration of the hindrance plus an appropriate start-up period.
3. rooom will only confirm expressly agreed deadlines for the provision of services in writing or in text form (e-mail).
4. Deadlines, the non-observance of which causes a contracting party to fall into arrears without a reminder in accordance with § 286 para. 2 BGB, are always binding deadlines and must therefore be set in writing or in text form and designated as binding.
5. In the case of services under a contract for work and services, the parties to the contract regulate the prerequisites and the procedure for acceptance in a respective individual contract. rooom is also entitled to hand over testable partial services. An overall acceptance only takes place if no partial acceptance by the customer has taken place.
6. rooom's services or partial services comply with the agreed requirements or only minor deviations are present, the customer declares acceptance immediately. The declaration of acceptance is made in text form.
7. If the customer does not declare acceptance within a period of one month after delivery of the services in the case of services under a contract for work and services and has not notifiedrooom of any significant defects during this period, the services or partial services are deemed to have been accepted. The service or partial service is also deemed accepted by conclusive behaviour on the part of the customer, including, but not limited to, unconditional payment, the productive use of the service, as well as the call for further services based on the accepted service.
§ 7 Rights of use
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1. The customer grants rooom all rights of use in copyrights, ancillary copyrights and other industrial property rights (including trademark rights), in particular the right to duplicate, distribute, make publicly available and edit, in terms of time, place and content, to the extent necessary for the execution of the contract. The granting of rights also includes the right to transfer the aforementioned rights of use to third parties commissioned to perform the contract or to grant sub-licenses. The rights of use to be granted to rooom are simple rights of use. rooom is entitled to change contents of the Customer in consultation with the Customer.
2. rooom retains all copyrights, ancillary copyrights and other rights to analyses, concepts and content created and, if applicable, realised by rooom and/or by third parties on behalf of rooom. rooom does, however, grant the customer the exclusive and irrevocable right to use the analyses, concepts and content as well as, in the case of their realisation, the results of the work to the extent necessary for marketing purposes. This also applies beyond the end of the contract. For its own content rooom obtains the approval of the customer prior to publication.
This page provides production-ready open-source builds of theJava DevelopmentKit, version 14, an implementation of the Java SE 14Platform under the GNU General PublicLicense, version 2, with the Classpath Exception.
Commercial builds of JDK 14.0.2 from Oracle, under a non-open-source license, can be found at the Oracle Technology Network.
Documentation
Builds
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| Linux / x64 | tar.gz(sha256) | 198606200 |
|---|---|---|
| macOS / x64 | tar.gz(sha256) | 193313480 |
| Windows / x64 | zip(sha256) | 198760870 |
Notes
The Alpine Linux build previously available on this page wasremoved as of the first JDK 14 release candidate. It'snot production-ready because it hasn't been tested thoroughlyenough to be considered a GA build. Please use the early-access JDK 15 Alpine Linux build in itsplace.
If you have difficulty downloading any of these files pleasecontact jdk-download-help_ww@oracle.com.
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Due to limited intellectual property protection and enforcementin certain countries, the source code may only be distributed to anauthorized list of countries. You will not be able to access thesource code if you are downloading from a country that is not onthis list. We are continuously reviewing this list for addition ofother countries.
