1. Right
to free use
of PEX
website
The Service
Provider
will
continuously
monitor the
user's use
of PEX in
order to
check
whether the
limits of
normal use
are
exceeded.
Where the
use of PEX
exceeds the
limits of
normal use,
the user
will be
contacted by
the Service
Provider
with a view
to
concluding a
separate
agreement
regarding
payment for
the advanced
use.
PEX and the
data
contained
therein may
be used only
in
accordance
with the
objective of
PEX and the
data
concerned.
Any use of
PEX which is
not in
accordance
with its
objective,
including
uploading
irrelevant
data and
causing an
excess load
on PEX the
purpose of
which is to
reduce its
availability
and
efficiency
as well as
any other
disloyal
conduct, is
not
permitted.
In case of
any such
use, the
Service
Provider is
entitled to
terminate
the right of
use and
block access
to PEX
without
notice.
Apart from
the above
right of
use, the
user will
acquire no
rights,
including
copyright,
in PEX and
the data
submitted to
PEX by other
parties than
the user.
2. The
user's own
data
The user
will retain
all
copyright
and other
rights in
its own
data.
The user
grants to
the Service
Provider,
the Ministry
and other
users of PEX
a
non-exclusive
right of
use, free of
charge and
unlimited in
time, to
download,
copy and
otherwise
use the data
made
available by
the user to
all users in
PEX in
accordance
with the
purpose of
the data
concerned.
The user is
obliged to
ensure that
the data
submitted by
the user to
PEX are
updated on a
continuing
basis.
The user's
personal
data will be
processed in
accordance
with the Act
on
Processing
of Personal
Data and
PEX's
privacy
policy.
3. Security
The user is
obliged to
take
reasonable
measures to
ensure that
no
unauthorised
persons are
able to
access PEX,
including by
choice of
password and
protection
of computers
providing
direct
access to
PEX.
4. Exclusion
of liability
The Service
Provider is
not liable
in damages
towards the
user for any
direct
losses under
general
rules.
The Service
Provider
excludes
liability
for any
consequential
and indirect
damages,
including
but not
limited to
consequential
losses,
operational
failures,
loss or
corruption
of data or
lost savings
due to lost
profits.
Also, the
Service
Provider
excludes
liability
for any
matters
beyond its
control
which it
ought not to
have avoided
or overcome.
The Service
Provider's
aggregate
liability in
damages for
claims
arising out
of the
user's use
of PEX under
these Terms
of Use,
other
agreements
regarding
use of PEX,
the Main
Agreement
and any
other
agreements
and acts or
omissions
arising out
of the Main
Agreement
(whether
contractual
or
non-contractual,
arising out
of gross or
ordinary
negligence,
in
connection
with strict
liability,
warranty
claims, as
penalty or
damages or
costs or
pursuant to
statute or
otherwise)
for
individual
claims or
all such
claims which
may be
brought
against the
Service
Provider.
The Service
Provider is
liable only
for its own
services and
acts or
omissions.
To the
extent that
delays,
defects,
extra costs
or other
matters are
attributable
to the user
(including
to the
user's data)
and/or to
third
parties'
acts or
omissions
for which
the Service
Provider is
not liable,
the Service
Provider's
obligations
and
liability
will be
reduced,
suspended
and/or
extinguished
correspondingly.
5. Amendment
The Service
Provider and
its partners
are entitled
to amend
these Terms
of Use from
time to time
without
notice so
that the
Terms of Use
that are
posted at
any time.
6. Applicable
law and
venue
Any dispute
arising out
of these
Terms of Use
will be
settled
according to
the law.
7. Termination
of these
Terms of Use
and the
right of use
The
right to use
PEX may be
terminated
by the
Service
Provider
with a
notice of 3
months. The
notice will
be sent to
the email
address
stated by
the user at
registration.
The user may
terminate
the right of
use without
notice.
The Service
Provider may
terminate
the right of
use without
notice where
the use of
PEX
conflicts
with the
right of use
or otherwise
is in breach
of the Terms
of Use.
Notice of
termination
will be sent
to the email
address
stated by
the user at
registration.
The right of
use will
cease
automatically
on
termination
of the Main
Agreement
between the
Service
Provider and
the
Ministry,
howsoever
caused.
On
termination
of the right
of use, the
Service
Provider
will always
be entitled,
as from
termination,
to remove
the data
submitted by
the user to
PEX.
The right of
use of the
Service
Provider and
the Ministry
and other
users
relating to
the data
made
publicly
available by
the user in
PEX will
remain in
force after
termination
of the right
of use.