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General conditions for the use of
The OTC DAIHEN EUROPE GmbH website

and the free download of information and documentation (as of september 2017)

 

1. Services


1.1. OTC DAIHEN EUROPE GmbH ("OTC DAIHEN"), on these Internet pages (hereinafter referred to as "OTC DAIHEN Website"), offers certain information and software, as well as documentation for downloading free of charge.

1.2. As a rule, the OTC DAIHEN website is available 24 hours a day, seven days a week. OTC DAIHEN, however, does not assume any liability for the uninterrupted availability of the OTC DAIHEN website due to the nature of the Internet and computer systems. OTC DAIHEN is entitled to discontinue the operation of the OTC DAIHEN website at any time.

1.3 OTC DAIHEN provides the software, documentation and information exclusively for use by companies and public corporation. The user declares that he / she will use the OTC DAIHEN website as or for a company, that is, in the exercise of a commercial or independent professional activity, or for a public corporation. Section 312e (1) sentence 1 No. 1-3 of the German Civil Code shall not apply.


2. 1. The rights of use of the software, documentation and information


2.1 The use of the downloaded software, documentation and information is subject to these conditions or, when the software, documentation or information is being updated, to pertinent terms and conditions of licensing previously agreed with OTC DAIHEN. Licensed terms which are separately agreed upon are subject to these conditions.

2.2 The user is entitled to the non-exclusive, non-transferable and free right to use the software that has been given to him, which - if available - related documentation as well as the information to the extent that is agreed upon or if nothing has been agreed as corresponds to the purpose pursued with the provision and transfer by OTC DAIHEN.

2.3 Software is provided free of charge in machine-readable form. There is no claim to release the source code. Exempted are source codes of open source software, the licensing regulations, the publication of the source code, and the pre-emption of these conditions when passing open source software. In this case, OTC DAIHEN will provide the source code against expense reimbursement.

2.4 Neither the software nor its documentation or information can be distributed, rented or otherwise transferred by the user to third parties at any time. The User shall not modify, reverse engineer or retranslate the software or its documentation, and shall not remove any parts, unless the law permits otherwise. The user may create a backup copy of the software if this copy is necessary to secure future use.

2.5 The software, documentation and information are protected by copyright laws, as well as international copyright treaties, or by other intellectual property laws and agreements. The user will be aware of these rights, in particular not to remove alphanumeric identifiers, trademarks and copyright notices either from the software, from the documentation or from the information.

2.6 Sections 69a ff. of the copyright act will remain unaffected.



3. User’s obligations


3.1 The user may not use the OTC DAIHEN website:

To harm other users, particularly minors, or to infringe their personality rights; To violate good morals through their user behavior; To infringe commercial property rights, copyrights or other proprietary rights; To use false identity, with the purpose of deceiving others; To transmit contents with viruses, so called Trojan horses, hoax viruses or other programs that may damage the software;

To enter, save or send hyperlinks or content to which it is not authorized, in particular where such hyperlinks or content violates or breaches confidentiality obligations; or For advertising or unsolicited emails (so-called "spam"), or for false warnings about viruses, malfunctions and the like, or to invite them to participate in games, snowballs, chain letters, pyramid games and similar actions.

3.2 OTC DAIHEN may block the access to the OTC DAIHEN website at any time, in particular if the user violates his obligations under clauses 3.1, 7.1 or 8. OTC DAIHEN shall not be liable for damages resulting from the access lock, unless it is mandatory in cases of intent, gross negligence or breach of essential contractual obligations.



4. Hyperlinks


OTC DAIHEN may contain hyperlinks on third party websites. OTC DAIHEN does not assume any responsibility or warranties for the content of these websites, nor does OTC DAIHEN adopt these websites as its own. The use of this websites is at the user's own risk.



5. Liability for legal and material defects


5.1 If the Software, documentation or information is provided free of charge, liability for material and legal deficiencies of the software, documentation and information, in particular in their correctness, freedom from defects, freedom from third-party protection and copyrights, completeness and/or usability, except in case of intent or malice are excluded.

5.2 The information may contain general descriptions of the technical possibilities of individual products, which do not always have to be present in individual cases. The desired performance characteristics of the products are therefore to be specified in the individual case upon purchase.



6. Other liability, viruses


6.1 The liability of OTC DAIHEN for material and legal deficiencies shall be governed by the provisions in section 5 of these Conditions. In addition, any liability of OTC DAIHEN is excluded, unless due to intent, gross negligence, infringement of life, body or health, due to the assumption of a quality guarantee, fraudulent concealment of a defect or the violation of essential contractual obligations.

6.2 Although OTC DAIHEN always endeavors to keep the OTC DAIHEN website free of viruses, OTC DAIHEN does not guarantee virus-freeness. The user is therefore advised to ensure proper safety precautions and virus scanners before downloading software, documentation and information. Similarly, the user will use all reasonable security features and virus scanners to prevent the transmission of viruses to the OTC DAIHEN website.

6.3 A change in the burden of proof to the detriment of the user is not linked to the above regulations in sections 6.1 and 6.2



7. Intellectual property


7.1 Notwithstanding the specific provisions in section 2 of these terms and conditions, OTC DAIHEN's information, brand names and other contents may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent from OTC DAIHEN.

7.2. No other rights are granted beyond the rights of use or other rights expressly granted herein, regardless of the nature, particularly the company name and industrial property rights such as patents, utility models or trademarks, nor does OTC DAIHEN 's obligation to grant such rights.



8. Export control


8.1 The export of certain software, documentation and information may be subjected to approval requirements, for example, due to their nature or their intended use or end use. The user will strictly observe the relevant export regulations of the EU or the EU Member States, as well as the USA for the software, documentation and information. OTC DAIHEN marks software, documentation and information regarding the approval requirements for German, European and US export lists.

8.2 The user shall particularly check and ensure that:

The software, documentation and information provided are not used for armament, nuclear, weapon technology or other military purposes;

 

No companies and persons named in the US Denied Persons List (DPL) receive US origin products, software and technology;

 

No companies and persons named in the US Warning List, US Entity List, and US Specially Designated Nationals List, will receive products of US origins without permission;

 

The early warning instructions given by the competent German authorities; access to software, documentation and information on the OTC DAIHEN website may only be carried out if they correspond to the above-mentioned verification and guarantee, otherwise OTC DAIHEN is not obligated to perform.

8.3 Upon request, OTC DAIHEN will provide the user with the relevant contact points for further information.



9. Privacy


If the use of the OTC DAIHEN website or the provision of services by OTC DAIHEN requires the storage and processing of the user’s personal data, OTC DAIHEN will observe the provisions of the Data Protection Act.



10. Subsidiary agreements, court of jurisdiction, applicable law


10.1 Subsidiary agreements must be in writing.

10.2 The place of Jurisdiction is Mönchengladbach, if the user is a merchant in the sense of the German Commercial Code


10.3 This Agreement shall be governed by German law, and the UN Convention on the Sale of Goods shall be excluded.

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