Terms of Use
MA Fixture Share
  1. General

    This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our Website www.fixtureshare.malighting.com ("our Website") as an unregistered or registered user.

    Please read these Terms of Use agreement carefully before using our Website. If you do not agree to these Terms of Use, please refrain from using our Website.

    By using (including but not limited to: accessing, uploading, downloading, commenting, copying, showing, testing, demonstrating, evaluating, presenting, applying, distributing, redistributing, running and/or documenting) our Website or parts of it, you are agreeing to be bound by these Terms of Use, unless you delete your account and all download files and all instances and copies and versions from all systems under your control, possession or ownership.

    The use of our Website may be governed by local legislation in different countries, protecting intellectual property rights of our Website by virtue of registration or first publication or other rules or laws.

    Using our Website, you inherently agree to be bound and subject to these applicable laws.

    The MA Lighting Technology GmbH Software/ Data/ Files/ Libraries ("MA Software") whether downloaded, preinstalled or made available to you by any other means, is given to you, not sold, under these Terms of Use in addition to the agreement (EULA) which is included with it.

    MA Lighting Technology GmbH retains legal ownership of the MA Software itself and retains all rights to it, unless expressly granted to you.

    These Terms of Use also govern all future upgrades, versions or updates provided by MA Lighting Technology GmbH, even if the original MA Software and/or parts of the Website's software or all of it is replaced or supplemented, unless it comes with separate Terms of Use (including its EULA) that expressly supersedes these Terms of Use.

    These Terms shall supersede previous terms and shall govern the use or prior versions of the MA Software whether actively used or kept for backup purposes only.

    Title and intellectual property rights in and to any content displayed by or accessed through the MA Software belongs to the respective content owner.

    Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such contents.

    These Terms of Use do not grant you any rights to use the MA Software and/or parts of the Website or all of it nor do they guarantee that the MA Software and/or parts of the Website or all of it will continue to be available to you.

  2. Privacy Policy

    If the opportunity for the input of personal or business data (names and addresses) is given, the input of these data takes place voluntarily. The use and -if applicable- payment of all offered services are permitted -if and so far technically possible and reasonable- without specification of any personal data or under specification of anonymized data or an alias. You find the detailed privacy concering the MA Fixture Share here.

  3. Accessing our Website / Right to Use of Data

    Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

    From time to time, we may restrict access to some parts of our Website, or our entire Website or to registered or non-registered users.

    You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

  4. Diagnostic Data, Cookies and Analytics

    You agree that MA Lighting Technology GmbH and its agents may ask for, collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your hardware, system software, application software and peripherals to facilitate the provision of software updates, product support and other services to you (if any) related to MA Software, and to verify compliance with these Terms of Use.

    MA Lighting Technology GmbH may use this information, as long as it is to improve our products or to provide services or technologies to you.

    The MA Lighting Technology GmbH Website uses cookies as part of its restricted access system. These cookies hold minimal information to uniquely identify you as a Website user and your Website usage. Once active, these cookies do not gather any personal information from your interaction with any other Website, or do collect information from your operating system or hard drive. No information is sent from the cookies to any other party or stored in a database or by any other means. The cookies are only accessible by www.malighting.com and its subdomains.

    We may use analytics to collect information about visitor behavior on our Website. The analytics may store information about what pages you visit, how long you are on our Website, how you got here and what you click on. This analytic data may be collected via a JavaScript tag in the pages of our Website and may not be tied to personally identifiable information. Hence, we will not collect or store your personal information (e.g., your name or address) so this information cannot be used to identify who you are. We cannot rule out that Google analytics will be used on this page. You can find out more about Google's position on privacy as regards its analytics service at www.google.com/intl/en_uk/analytics/privacyoverview.html.

    We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

  5. Transfer

    Uploading Material to our Website / Downloading Material from our Website

    Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with these Terms of Use. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

    Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

    We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in these Terms of Use.

    Should you find any content on our Website, which you feel is in contravention of the standards set out in these Terms of Use, please inform us by emailing info@malighting.com and explain your concern.

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

    Registered users may not use our Website to send, knowingly receive, upload, download, use or reuse any material, which does not comply with the following content standards:

    These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it.

    You must comply with the spirit of the following standards as well as the letters. The standards apply to each part of any contribution as well as to its whole.

    Contributions must:

    • Be accurate (where they state facts).
    • Be genuinely held (where they state opinions).
    • Comply with applicable law in Germany, the EU and in any country from which they are posted.

    Contributions must not:

    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Promote sexually explicit material.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trademark of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity.
    • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from us if this is not the case.
    • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    The downloaded content must only be used in conjunction with Software from MA Lighting Technology GmbH. You may not rent, lease, lend, sell, and redistribute the content or parts thereof or modified versions of the content.

  6. Linking to our Website / Links from our Website

    You may link to our home page, provided you give MA Lighting Technology GmbH notice of such link by sending an email to info@malighting.com and provided you do so in a way that is fair and legal and does not tarnish our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link from any Website that is not owned by you.

    Our Website must not be framed on any other Website nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the standards set out in these Terms of Use.

    If you wish to make any use of material on our Website other than that set out above, please address your request to info@malighting.com.

    MA Lighting Technology GmbH is not responsible for the content or reliability of any websites linked to from its Website, and cannot accept liability for any damage or loss arising from reliance on such websites. Links to third-party information are provided for your information only and should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.

    We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

  7. Viruses, Hacking and other Offences

    You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

  8. Permitted Use and Restrictions

    Reliance on Information Posted

    Commentary and other materials posted on our Website are not intended to provide advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

    These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.

    MA Lighting Technology GmbH makes no warranties, representations or undertakings about: any of the content of our Website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or any content of any other Website referred to or accessed by hypertext link through this Website.

  9. Intellectual Property Rights and Copyright

    We are the owner or have the rights of all intellectual property in our Website, and in the material published on it (including the design, arrangement and look). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    The 'MA Lighting Technology GmbH', 'grandMA', 'dot2' and any related logos are some of our registered trademarks. Nothing contained in this Website shall give by implication or otherwise any right or license to anyone to use any of our trademarked work or related logos.

    You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

    You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

    If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    You are not allowed to alter, modify, reverse-engineer the content or use the content to develop supplements, which might infringe Intellectual Property rights of MA Lighting Technology GmbH or third parties or violate the terms and conditions of these Terms of Use.

    Any installation or copy of the content shall respect and display the copyright of MA Lighting Technology GmbH in the content.

    The content is provided to you as a whole and is not severable. The Terms of Use shall apply to the content as a whole and its components individually.

    When updating or upgrading the content on any hardware, it may or may not be possible to keep multiple instances of the same content version or different content versions.

    At any point in time shall the latest Terms of Use supersede any other versions available on the hardware, regardless of which version or instance of the content is used.

    When upgrading or updating hardware with an alternative version of the content, MA Lighting Technology GmbH is not responsible for the migration of your existing data.

    MA Lighting Technology GmbH does not warrant any compatibility of existing data with other versions of the content.

    Storing information on media like harddrives, floppy disks, solid state drives, USB storage media, CD ROMs or similar devices can subject to influences out of MA Lighting Technology GmbH's control.

    MA Lighting Technology GmbH does not warrant that any data stored by MA Software on any device will be readable.

    Any modification to the content granted by MA Lighting Technology GmbH will terminate the allowance to use and voids any responsibility or liability unless required by law.

    You may not and you agree not to, or to enable others to, or to help to, copy (except as expressly permitted by these Terms of Use), decompile, reverse-engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the MA Lighting Technology GmbH Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of Open-Source Components).

    You agree to use MA Software and/or parts of the Website's software or all of it in compliance with all applicable laws, including local laws and customs of the country or region in which you reside or in which you download or use it.

  10. Services and Third-Party Materials

    You understand that by using the MA Software, you may control other devices, which make you encounter content that may be deemed offensive, indecent, or objectionable and which content may or may not be identified as having explicit language.

    Nevertheless, you agree to use the MA Software at your sole risk and that MA Lighting Technology GmbH shall have no liability to you or any third party for content that may be found to be offensive, indecent, or objectionable.

    Certain features may allow you to display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials").

    By using the content, you acknowledge and agree that MA Lighting Technology GmbH is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials.

    MA Lighting Technology GmbH, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or for any other materials, products, or services of third parties.

    Financial information displayed by any feature of the Software is for general informational purposes only and should not be relied upon as investment advice.

    The MA Software and/or parts of the Website's software or all of it provides as its core objective control functionality for applications and devices that may or may not be third-party products.

    By controlling these devices or applications with MA Lighting Technology GmbH Content, MA Lighting Technology GmbH does not assume any liability or responsibility for that product or application.

    MA Lighting Technology GmbH has no express or implied obligation to provide any technical support and/or customer service for such third-party products or applications.

    Please contact the respective manufacturer or application vendor directly for questions regards these products.

    MA Lighting Technology GmbH does not assume any responsibility for compatibility or non-compatibility of third-party products or applications with its content.

    Where appropriate MA Lighting Technology GmbH might make use of certain third-party or Open-Source products, applications and licenses, to which the original owner retains the rights pertaining to Intellectual Property.

    MA Lighting Technology GmbH has no express or implied responsibility to provide support for these products, applications and licenses.

  11. Limited Warranty on Storage Media

    If purchased from and delivered by MA Lighting Technology GmbH, MA Lighting Technology GmbH warrants the storage media on which the MA Software is installed subject to the general warranty terms of MA Lighting Technology GmbH. MA Lighting Technology GmbH shall have the right to make good on the failure according to its warranty terms. MA Lighting Technology GmbH does not warrant the software itself to be free from defects.

    Any software other than obtained from MA Lighting Technology GmbH must not be installed on MA Lighting Technology GmbH licensed hardware.

    Violating this term, will void any warranty.

  12. Termination

    We will determine, in our discretion, whether there has been a breach of sections of Terms of Use through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

    Failure to comply with these Terms of Use constitutes a material breach of the Terms of Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

    Immediate, temporary or permanent withdrawal of your right to use our Website.

    Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.

    Issue of a warning to you.

    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

    Further legal action against you.

    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    This license is effective until terminated. Your rights under this license will terminate automatically or otherwise cease to be effective without notice from MA Lighting Technology GmbH if you fail to comply with any term(s) of this license.

    Upon the termination of this license, you shall cease all use of the MA Software and destroy all copies, full or partial, of the MA Software under your control.

  13. Disclaimer of Warranties

    You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the MA Lighting Technology GmbH content and functions performed by or through the MA Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

    Except for the limited warranty on storage media set forth above and to the maximum extent permitted by applicable law, the MA Software and functions are provided "as is" and "as available", with all faults and without warranty of any kind, and MA Lighting Technology GmbH and MA Lighting Technology GmbH's software users hereby disclaim all warranties and conditions with respect to the MA Software and functions, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights.

    MA Lighting Technology GmbH does not warrant against interference with your enjoyment of the MA Software and functions, that the functions contained in the MA Software will meet your requirements, that the operation of the MA Software or functions will be uninterrupted or errorfree, that any functions will continue to be made available, that the MA Software or functions will be compatible or work with any third-party software, applications, product or third-party services, or that defects in the MA Software or functions will be corrected.

    Installation of MA Software may affect the usability of third-party software, applications, products or third-party services.

    You further acknowledge that the MA Software and functions are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, the MA Software or functions could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.

    No oral or written information or advice given by MA Lighting Technology GmbH or an MA Lighting Technology GmbH authorized representative shall create a warranty.

    Should the MA Software or functions prove defective, you assume the entire cost of all necessary servicing, repair or correction.

    Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

  14. Limitation of Liability

    To the extent not prohibited by applicable law, in no event shall MA Lighting Technology GmbH be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the MA Software and services or any third-party software or applications or products in conjunction with the MA Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if MA Lighting Technology GmbH has been advised of the possibility of such damages.

    Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

    The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our officers, employees, consultants and members hereby expressly exclude:

    All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

    • Loss of income or revenue
    • Loss of business
    • Loss of profits or contracts
    • Loss of anticipated savings
    • Loss of data
    • Loss of goodwill
    • Wasted management or office time,
      and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

    Nothing in these Terms of Use affect our liability for death or personal injury arising from our negligence nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

    MA Lighting Technology GmbH's total liability to you from all causes of action and under all theories of liability will be limited to the amount of fifty Euros (Euro 50.00). In no event and under no theory of liability will MA Lighting Technology GmbH be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the MA Software whether or not MA Lighting Technology GmbH has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.

    MA Lighting Technology GmbH disclaims any responsibility for harm resulting from the MA Software. MA Lighting Technology GmbH approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. MA Lighting Technology GmbH expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the MA Software or any software or content you download. No advice or information, whether oral or written, obtained from MA Lighting Technology GmbH or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

  15. Controlling Law and Governing Language

    This License will be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law principles.

    These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

    These Terms of Use constitute the entire agreement between you and MA Lighting Technology GmbH relating to the use of the MA Software and/or content and supersedes all prior or contemporaneous understandings regarding such subject matter.

    No amendment to or modification of these Terms of Use will be binding unless in writing and published by MA Lighting Technology GmbH.

    Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this license shall govern, to the extent not prohibited by local law in your jurisdiction.

    The German courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

    These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Germany.

  16. Third-Party Acknowledgements

    Portions of the MA Software may utilize or include third-party software and other copyrighted material.

    Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for third-party software and your use of such material is governed by their respective terms.

  17. Miscellaneous

    Use of MA Lighting Technology GmbH members' details for mass mailing, advertising, invitations or any other commercial use without the express permission of MA Lighting Technology GmbH is illegal. Those found mailing without authorization will be liable for penalties.

    Contracts for the supply of goods formed through our Website or as a result of visits made by you are governed by our terms and conditions of supply.

    We may revise these Terms of Use at any time. You are expected to check the Terms of Use from time to time to take notice of any changes we have made, as they are binding on you.

    Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

  18. Severability Clause

    If any provision of this agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this agreement are declared to be severable.