4. Use of the Services
4.1. Our Responsibilities. We shall: (i) provide Our standard support for the purchased Services to You at no additional charge, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Central European Time, or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
4.2. Support includes the right to use and consult the user documentation. In addition, questions can be submitted to the support desk by email: email@example.com. Furthermore You are entitled to telephone support during business hours (on working days from 08:00 to 17:30), in compliance with Article 4.5.
4.3. Support does not include: a) services related to system configurations, hardware and networks; b) on-site support; c) per customer request expansion of the functionality of the system; d) File conversions; e) installation, configuration, training or other services not explicitly described in the order-form; f) support for other (operating) software of other suppliers; g) file or data-recovery, for which the cause is outside the LYNX application h) support for the Internet connections;
4.4. Support may only be requested by a user.
4.5. Before telephone contact with the supplier for support, User is expected to consult Documentation and/or submit questions via email first.
4.6. In case we are requested to provide services for the categories a to h, you will be separately charged for these services
4.7. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.
4.8. Your Responsibilities. You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and Related Content, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the Services and Related Content available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
4.9. We are entitled to add new functionality and improvements to the LYNX application. We will inform you in time about update or upgrades, to the extent they are relevant for the use of the LYNX application, and at our discretion.