How to get to 3S-Smart Software Solutions and CODESYS:

3S-Smart Software Solutions GmbH
Memminger Str. 151
87439 Kempten
Tel: +49-831-54031-0
Fax: +49-831-54031-50

Combined site notice (Identification of provider) of the German Telemedia Act (TMG), Interstate Broadcasting Treaty (RStV) and information pursuant to Regulation on Service Information Requirements’ (DL-InfoV) based on the EU Services Directive (RL 2006/123/EG Official Journal of the EU2006, L376/36 “DRLR”)

Provider and thus responsible for the business and commercial website as defined by Article 5 of the German Telemedia Act in capacity as a core law of the Electronic Commerce Standardization Act ElGVG and of the German so-called Act on Information and Communication Services (IuKDG), is 3S-Smart Software Solutions GmbH, represented by the Managing Directors solely and jointly authorized to act as representative Dieter Hess and Manfred Werner.

Information Pursuant to Article 2 Paragraph 1 Regulation on Service Information Requirements’ (DL-InfoV)

Publisher & Service Provider:
This Internet presence is an offer of information from

3S-Smart Software Solutions GmbH
Memminger Straße 151
D - 87439 Kempten (Allgäu)

Tel.:     +49 (0) 831 54031 0
Fax.:     +49 (0) 831 54031 50

Web: www.codesys.com
E-Mail: info(at)codesys.com

Jurisdiction:
Municipal Court Kempten
Commercial Register HRB 6186

Applicable Law:
Law of the Federal Republic of Germany (BRD)

Tax Office:
Tax Office Kempten
VAT Identification Number: DE 167 014 915 (Pursuant to Article 27a Value Added Tax Act)

General Terms and Conditions of Business (GTC):
3S-Smart Software Solutions GmbH has General Terms and Conditions of Business (GTC).

Features of the service:
The development, distribution and installation of software, as well as the associated services, in particular consulting and training. The exact scope of the services of 3S-Smart Software Solutions GmbH arises from the current information of this website.

Managing Directors solely and jointly authorized to act as representative:
Dieter Hess and Manfred Werner

Responsible for journalistic and editorial contributions pursuant to Article 55 Paragraph 2 Interstate Broadcasting Treaty (RStV):

3S-Smart Software Solutions GmbH
Stefanie Klöckner - Head of Marketing Communication
Memminger Straße 151
D - 87439 Kempten (Allgäu)

Quotations of Prices pursuant to Article 4 Regulation on Service Information Requirements’ (DL-InfoV) and Price Indication Act (PAngV)
3S-Smart Software Solutions GmbH will be happy to create an offer upon request.

Geographic Restrictions:
Note: Not all CODESYS features are available in all territories. For more information on geographic restrictions, please contact support(at)codesys.com.
 
D-U-N-S® Number (Data Universal Numbering System)
The D-U-N-S® Number is a unique, 9-figure identification code defined by Dun & Bradstreet. The number code recognized internationally as a standard is used for the unique identification of an individual company. D-U-N-S® Number: 312 703 507

Design concept for the website:
3S-Smart Software Solutions GmbH
Memminger Straße 151
D - 87439 Kempten (Allgäu)

Technical support for website:
Eberl Online GmbH
Salzstraße 1
D - 87509 Immenstadt

External Data Protection Officer pursuant to Article 4 f Paragraph 1 Section 1 German Federal Data Protection Act (BDSG):
Maximilian Pothmann
German Data Protection Office

Office Kempten
www.deutsche-datenschutzkanzlei.de

Contact Data Protection Officer via e-mail: pothmann(at)deutsche-datenschutzkanzlei.de or via following data protection - website: www.deutsche-datenschutzkanzlei.de

Trademark Protection
Each trademark or logo mentioned here is the property of the respective company. Trademarks and names are mentioned here purely for informational purposes.

Legal Disclaimer
The website is operated by 3S-Smart Software Solutions GmbH; any rights derived from the website are vested in 3S-Smart Software Solutions GmbH. 3S-Smart Software Solutions GmbH assumes no liability whatsoever for indirect, collateral, accidental or consequential losses that occur as a result or consequence of use of this website. All information published via the website is provided on good faith by 3S-Smart Software Solutions GmbH. Insofar as permissible by law, however, none of this information shall establish any guarantee, commitment or liability on the part of 3S-Smart Software Solutions GmbH.

3S-Smart Software Solutions GmbH may at any time wholly or partly modify this website and close it down at its discretion - without announcing such change in advance and without assuming any liability for it. Links to Third Party websites ("Hyperlinks") do not constitute an endorsement of such Third Party websites nor their content by 3S-Smart Software Solutions GmbH. Furthermore, 3S-Smart Software Solutions GmbH is not responsible for the availability of this website or of its contents.

Notice: General Act on Equal Treatment (AGG)
To enhance the readability of the website, no distinction has been made between male and female. Terms apply equally to both genders within the meaning of equal treatment.

© Copyright
All rights reserved. Text, images and graphics as well as their arrangement on the website are subject to copyright and other intellectual property protection. The content of this website may not be copied, published, changed or made available to Third Parties for commercial use.

© Copyright Image Sources:
© Michael Utech – iStockphoto.com
© Baoshan Zhang – iStockphoto.com
© igor terekhov – iStockphoto.com
© gerenme – iStockphoto.com
© Matauw – iStockphoto.com
© Pete Tripp – iStockphoto.com
© Illustrious – iStockphoto.com
© Ksenia Palimski – iStockphoto.com
© Jacob Wackerhausen – iStockphoto.com
© Vaclav Janousek – Fotolia.com
© FreshPaint – Fotolia.com
© INFINITY – Fotolia.com
© Maridav – Fotolia.com
© Alexey Klementiev – Fotolia.com
© Olga Miltsova – depositphotos.com
© 4269036 – 1online.de
© boggy22 – iStockphoto.com
© Avalon_Studio – iStockphoto.com

General Terms and Conditions of Business

I. GENERAL
The following terms and conditions apply exclusively for the overall business relationships with our customers. The customer acknowledges them as binding for this agreement and, in their particular version, also for all future transactions. We do not accept terms and conditions of the customer that are contrary to or deviate from these, regardless of when we have received such terms and conditions. The terms and conditions for software licences are described in separate agreements.

II. OFFER AND CONCLUSION OF AGREEMENTS

1. Our offers are always subject to change and non-binding.
2. The periods of validity of the offers are given in the individual offers themselves.
3. After the period of validity has expired, we are no longer bound to the prices and delivery periods named in the offer.
4. 3S-Smart Software GmbH retains the right to make changes to items to be supplied at any time and without particular notice while retaining the fundamental characteristics. If there are printing errors or errors in calculation in the offer, we retain the right to make corrections.
5. Our written order confirmation is relevant for the content of the purchase agreement. Oral agreements made by word of mouth around the time of the conclusion of the agreement which add to or change the order confirmation require our express written confirmation in order to be effective.

III. SUPPLY AND PERFORMANCE

1. Our written order confirmation is decisive for the scope of the supply obligation.
2. We are entitled to make partial deliveries if reasonable for the customer.
3. We retain the right to have orders implemented by third parties.
4. Delivery data transferred to or agreed with the customer are for orientation purposes and presume clarification of all technical questions and details. They are only binding if expressly stated to be so in writing.
5. In the case of agreed delivery times it is assumed that the customer will fulfil any obligations he may have to cooperate with us. If we undertake adaptations of programmes to meet customers' requirements or make individual programming, only requirements stated in writing are binding for us. Any interfaces must be disclosed.
6. Delays in delivery caused by force majeure, changes to official approval or legal conditions, operating disturbances, strikes or difficulties in sourcing materials - even if they affect our subsuppliers - are not our responsibility, even if delivery times have been definitively agreed upon.
7. The acceptance of a project must take place in writing after making available the delivery and request by 3S-Smart Software Solutions GmbH. A project is also deemed to be accepted if the delivery is in productive use and/or if, within a period of 6 weeks, no objections have been made regarding the demanded content of the project. If, within the specified period, 3S-Smart Software Solutions GmbH has not yet received either a declaration of acceptance or an error message, the project is deemed to be accepted. If there are defects that are not material, acceptance may not be refused. Any warranty claims remain unaffected by this.
8. If the customer does not accept the object of the agreement at the specified time, we are entitled to set an appropriate period of grace and to dispose of the goods in another manner after the period of grace and to deliver the goods to the customer after an appropriately extended period. Regardless of this, our rights to withdraw from the agreement or to claim damages for non-performance according to § 326 BGB (German Civil Code) remain unaffected. If we demand damages based on non-performance, we may demand (without proof) 20% of the agreed price plus payment for work already performed and material used as compensation, in so far as considerably reduced damages cannot be proven to have accrued. We retain the right to claim higher actual damages.
9. The fulfilment of the agreement on our part is subject to the reservation that the fulfilment does not conflict with any national and international regulations under foreign trade law or embargoes and/or other sanctions.

IV. PRICES

1. The prices stated in our order confirmation are controlling. Our prices do not include packaging and delivery costs. The prices are exclusive of the legally valid rate of VAT.
2. List prices are applicable, if no agreement is made to the contrary.
3. Package benefits are valid only for the acquisition of the corresponding packages; no package benefit can be granted by gradual buying of individual components.

V. DESPATCH

1. Despatch and delivery – even with partial deliveries- take place from company headquarters and at the expense of the customer.
2. In the absence of specific instructions, we despatch goods in the way which seems most suitable to us. Deliveries are insured on request of the customer in his name and at his expense.

VI. TRANSFER OF RISK

1. The place of performance is the registered office of the user. For any delivery, § 447 BGB (German Civil Code) is applicable.
2. If there is to be an acceptance procedure, this is controlling for transfer of risk.

VII. WARRANTY, COMPLAINTS, LIABILITY

1. The item delivered is to be examined by the customer for lack of defects and completeness immediately after its delivery. Any defects which are discovered must be reported to us in writing and accompanied by a precise description. Obvious defects must be communicated in writing to us immediately after delivery; otherwise the assertion of warranty claims based on any such defect is barred. Defects discovered later must be reported to us immediately; otherwise the item delivered is deemed to be accepted, also as regards this defect.
2. If the defect only occurs in conjunction with certain hardware, the hardware must be retained ready for inspection by us in the same state in which it was when the defect was recognised.
3. If a defect should occur in the item purchased, we will first implement rework (depending on the defect, also rework on several occasions) or make replacement delivery, at our discretion. If we decide to remedy the defect, we are obliged to cover all necessary associated costs, in particular transport, work and material costs.
4. We do not accept liability for damage which is due to improper use, incorrect operation and handling, natural wear, lack of maintenance, unsuitable operating media, chemical, electrochemical or electrical influences etc. to the extent that we are not culpable for such. We are also not liable for programmes can be run on hardware that we did not supply. We do not accept liability for the running capacity of software that we have supplied if other software / third-party programmes influence such running capacity. We do not accept liability for loss of data or damages resulting from incomplete data backup or lack of such backup, here we make express reference to the responsibility of the customer.
5. We do not accept liability for damage caused by EDP viruses, unauthorised access via the internet or data links (hackers), operating system errors and so-called standard software (e.g. Microsoft Office).
6. The period, within which claims for defects may be asserted, amounts to – except in the case of claims for damages – twelve months from the transfer of risk, unless a defect was fraudulently concealed.
7. Any assignment of warranty claims to third parties is possible only with our prior express written consent. The customer does not receive from us warranties in the legal sense.
8. Manufacturers' guarantees remain unaffected.

VIII. DAMAGES / LIMITED LIABILITY

1. We are liable for intentional acts and gross negligence. Furthermore, we are liable for the negligent violation of obligations, the fulfilment of which is absolutely necessary for the proper execution of the agreement, the violation of which endangers the achievement of the contractual purpose and the observance of which the Customer regularly entrusts; however, in this case, we are liable only for contract-typical foreseeable damages. We are not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
2. The preceding liability exclusions do not apply upon any injury to life, body or health. Liability under product liability law remains unaffected.

IX. PAYMENT

1. All invoices shall be paid within 14 days of date of invoice without deduction if not otherwise agreed. Discounts require prior written agreement.
2. If the payment target is exceeded and a reminder issued, interest of 8 % above the respective basic rate of interest of the German Central Bank shall be paid on the invoiced amount. The assertion of further claims for damages is not ruled out.
3. Bills of exchange are only accepted as payment after prior written agreement. Discounting fees are charged from the day when payment is due, regardless of the time when the bill of exchange is accepted. No guarantee whatsoever is undertaken for timely cashing or timely protest.
4. If bills of exchange or cheques are not credited by the drawee on time, all other claims of the company against the customer existing at such point in time become immediately due. Any other payment targets then become null and void. The same applies for the case that amounts owing are not paid when they are due.
5. Retention of payment or offsetting against any existing counterclaims of the customer is not permitted except in cases of undisputed or legally established claims.
6. All claims against the customer, no matter from what legal relationship, are immediately payable, if events occur which according to legal or contractual provisions entitle us to withdraw
7. If the customer is in arrears with payment, we are entitled to defer outstanding deliveries for this or other orders until the due amount has been paid and only to undertake future deliveries against advance payment or cash on delivery.

X. RETENTION OF TITLE

1. All goods supplied by us remain our property until all our claims from this business relationship have been settled.
2. Upon the completion of projects in several sub-phases, with each internal acceptance and partial payment, this applies separately for each project phase.
3. If the customer behaves in contravention of this agreement, in particular in cases of arrears of payment, we are entitled to repossess the goods and to oblige the customer to release them. Costs which accrue to us through the repossession shall be borne by the customer.
4. The customer may not sell on, pledge as security or mortgage the goods which are subject to retention of title. If the goods are subject to seizure by third parties the customer must inform us immediately, sending us all the relevant documents at his disposal.
5. Enforcement of retention of title or pledging of the items delivered by ourselves are not considered as withdrawal from the contract.

XI. PERIOD OF LIMITATIONS

1. All claims of the purchaser, no matter for what legal reason, shall be time-barred within 12 months of delivery or acceptance of the items supplied, in so far as longer periods are not prescribed by law.

XII. CONCLUDING PROVISIONS / SEVERABILITY CLAUSE

1. Any amendment or supplement to these Terms and Conditions of Business requires written form. This also applies to an rescission of the written form requirement.
2. The law of the Federal Republic of Germany is valid, to the exclusion of UN Convention on Contracts for the International Sale of Goods.
3. If any provision of our General Terms and Conditions of Business should be incorrect, contestable or ineffective, the effectiveness of the remaining provisions shall not be affected. Ineffective provisions as well any gaps in this agreement shall be replaced or closed by provisions that come as close as possible to the economic intention of the original. In any event of doubt, the statutory provisions shall apply.
4. The place of performance and the exclusive area of jurisdiction for all disputes arising from or in connection with this agreement is Kempten.

Status: May 2011

Thank you for visiting the website of 3S-Smart Software Solutions and your interest in our company, products and services. The privacy and protection of your personal data is a top priority for us. We want you to feel secure when you visit our website and promise to do our utmost to safeguard your data according to strict security standards. We are committed to observing the legal requirements concerning data protection, especially the German Federal Data Protection Act (Bundesdatenschutzgesetzt BDSG).
In the following, we explain what information 3S-Smart Software Solutions collects when you visit our website and how this information is used.

Privacy Policy
Pursuant to Article 13 Paragraph 1 German Telemedia Act (Telemediengesetz - TMG) the provider of a teleservice is to instruct his users at the beginning of the usage about the type, scope and purposes of the collection and usage of personal data in a generally understandable form. The contents of the information must be available to users at any time.

A service provider as defined by the mentioned provision is any operator of an Internet page. Any service provider who collects or uses personal data is required to provide the instruction. 3S-Smart Software Solutions GmbH places great emphasis on the security of users’ data and the observance of data protection provisions. The collection, processing and usage of personal data are subject to the provisions of the current applicable laws and the EU Data Protection Directive.

Pursuant to Article 3 Paragraph 1 German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG), personal data is individual information about personal and factual circumstances of a specific or specifiable person.

Personal circumstances: For example name, address, email address, birthday, nationality, profession, health data, religion, etc.

Factual circumstances: For example income, financial situations, property, etc.

Data collection
Visits to this website are automatically recorded. The IP address, date and time, browser type and the operating system of the user are recorded. As a rule, personal references are not possible for 3S-Smart Software Solutions GmbH. Personal data are only saved when the user volunteers it - for example within the scope of an inquiry, registration or for the performance of a contract. The user will be informed at contact fields of the respective input about the purpose of the data being collected there.

Use of the data and disclosure to Third Parties
All personal data that the user passes on to 3S-Smart Software Solutions GmbH via this website or by e-mail will only be processed for a specific purpose. 3S-Smart Software Solutions GmbH guarantees that the accruing user data will only be collected, processed, stored and used in connection with the handling of user inquiries as well as only for internal purposes. Disclosure of the addresses to Third Parties and in particular to commercial list brokers or other enterprises is excluded.

If 3S-Smart Software Solutions GmbH uses service providers for the implementation and handling of data processing, the contractual relationships will be regulated in accordance with the provisions of the German Federal Data Protection Act (for example in the form of a data processing agreement pursuant to Article 11 German Federal Data Protection Act). If necessary service providers will have access to personal information required for the accomplishment of the defined tasks. However, the service providers commissioned by 3S-Smart Software Solutions GmbH are not allowed to use this information for other purposes. Moreover, the service providers are required to treat the information in accordance with the German data protection acts and the EU Data Protection Directive.

Disclosure of data to Third Countries
As a rule no personal data is disclosed to Third Countries. We only forward data to our system partners and distributors in the event of inquiries (e.g. via e-mail or contact form).

Rights of Affected Persons - Consent and Revocation -
If the user does not want his data to be actively used for internal purposes of 3S-Smart Software Solutions GmbH, the user is entitled pursuant to Article 28 Paragraph 4 German Federal Data Protection Act (BDSG) to revoke this use and processing at any time. In addition, the user can insist on the correction of erroneous or incomplete data. To this end it is sufficient to send a corresponding e-mail to datenschutz(at)codesys.com. The separate case of a legally stipulated data locking instead of data deletion pursuant to Article 35 Paragraph 3 German Federal Data Protection Act (BDSG) remains unaffected.
 
Right to information
Pursuant to Article 34 German Federal Data Protection Act (BDSG), the user has the right to obtain information stored about his or her personal data. Upon request 3S-Smart Software Solutions GmbH will inform the user in writing in accordance with applicable law which personal data of the user is stored at 3S-Smart Software Solutions GmbH. This information is free of charge.

Storage period
The legislature has enacted manifold storage obligations and storage periods. After the expiration of these periods 3S-Smart Software Solutions GmbH routinely performs deletions, provided the data is no longer required for performance of contract. Commercial or financial data of the past fiscal year is deleted ten years later corresponding to legal regulations provided longer storage periods are not stipulated or storage is necessary for legitimate reasons.

Cookies and Web-Tracking
The first time the user visits this website a cookie is sent to the user’s browser. This cookie will be saved on the user’s hard drive. In the event of another visit to the website the cookie is only used to determine whether the user has ever visited this web site before.

Notice - Use of Google Analytics
3S-Smart Software Solutions GmbH uses Google Analytics on this website, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

Google Analytics uses “Cookies”, - small text files that are stored on the user’s computer that enable an analysis of use of the website. The information generated by the cookie about the usage of this website (including the user’s IP address) is transferred to a Google server in the USA (data protection relevant since it is a Third Country) and stored there.

Google will use this information to evaluate the use of the website, to compile reports about the website activities for the operators of the website and to perform additional services connected with use of the website and of the Internet. If necessary, Google will also send this information to Third Parties if legally required or if Third Parties process the data on behalf of Google.

Google Analytics Add-on - 3S-Smart Software Solutions GmbH has adapted the code of Google Analytics for the protection of the user. The IP address will be transmitted in abridged form. Precise geolocalization is not possible.

Users who would like to prevent their data from being transmitted can download and install the add-on "Deactivation-Add-on for Browser of Google Analytics". You will find this on Googles’ website at tools.google.com/dlpage/gaoptout. 3S-Smart Software Solutions GmbH assumes no liability for errors caused by the Add-on. As an alternative users can also change the security settings in the browser. You can find more information in the browser manual.

Right to information vis-à-vis Google
Users have the right to get information from Google about their data at any time and to demand that Google deletes it. To this end, users can contact Google directly at Google, Legal Department, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ, Great Britain.

Newsletter
Users can subscribe to the 3S-Smart Software Solutions GmbH Newsletter. Users have the right to unsubscribe from the Newsletter at any time. Each issue of the newsletter has an automatic function for unsubscribing via an unsubscribe link.

E-mail security
Users agree to electronic communication as soon as they initiate electronic contact with 3S-Smart Software Solutions GmbH. Users are advised that e-mails can be read or changed without authorization or without being noticed on the transmission path. 3S-Smart Software Solutions GmbH does not currently use encryption technology. 3S-Smart Software Solutions GmbH uses a software program to filter unwanted e-mail (Spam-Filter). Through the spam filter e-mails can be rejected if they are incorrectly identified as spam by specified features.

Security
Pursuant to Article 9 German Federal Data Protection Act (BDSG) 3S-Smart Software Solutions GmbH uses technical and organizational measures to protect personal data from accidental or intentional manipulations, loss, destruction or from access by unauthorized persons. The security measures in use are being continuously improved corresponding to technological developments. All employees of 3S-Smart Software Solutions GmbH are bound to confidentiality and to comply with the provisions of the German Federal Data Protection Act (BDSG).

Protection of minors
Persons under the age of 12 are not allowed to transmit any personal data to 3S-Smart Software Solutions GmbH without the consent of a parent or legal guardian. Minors are only allowed to provide personal information when the explicit consent of the parent or legal guardian has been given or the minor is 12 years of age or older. This data will be processed corresponding to this data protection declaration.

Updating this Data Protection Statement
If 3S-Smart Software Solutions GmbH makes changes to its business objective and changes the currently fixed technical and organizational methods, this data protection statement will be updated. 3S-Smart Software Solutions GmbH reserves the right to modify or amend this statement as required. These changes will be published here.

Questions about Data Protection
If you have questions about using personal data: send an e-mail to datenschutz(at)codesys.com