Terms of Use of the Website

 

1. Application, Definitions

1.1. Visitation and utilisation of the Website, provided by Sprecher Automation GmbH and its affiliated companies (together referred to as “Sprecher Automation”), including Services made available on it such as the download-portal and Contents such as information, documentation, announcement, firmware, software, graphical material, logos, pictures, photos, animations, videos, texts etc, shall exclusively be governed by this Terms of Use. The terms Website, Services and Contents are together also referred to as Website.

1.2. This Terms of Use can be amended, modified or replaced by individual agreements between Sprecher and the visitor respectively the user (visitor and user together referred to as “User”), e.g. by license terms, product terms etc. as required, depending on the kind of utilisation.

1.3. In case of any contradictions following order of precedence shall apply: (a) individual agreements between Sprecher Automation and the User, as far as confirmed by Sprecher Automation in writing; (b) this Terms of Use; (c) non-mandatory provisions of the commercial law and civil law.

2. Access, Safety

2.1. The User shall be solely responsible for establishing a connection to the Website and for carrying out a data back-up of the computer system. Sprecher Automation shall not assume any warranty and shall not be liable for uninterrupted availability of the server (e.g. in the case of maintenance work, server shutdown etc).

2.2. For security reasons access to the press- and public area and access to the download-portal will only be permitted for registered Users. The User is obliged to register with truthful data and to report changes without any delay. After full registration the User will receive a consent (without any entitlement) by E-Mail, which gives access for a certain time frame.

2.3. The User can discontinue the use of the Website at any time. If the User discontinues the use of the download-portal the User’s name and password will be deleted, as soon as the respective discontinuation tasks are carried out.

2.4. Sprecher Automation points out, that according to the actual state of the art certain risks in accordance with the internet (e.g. viruses etc.) are technically not completely controllable or are out of the sphere of influence of Sprecher Automation. The User shall be responsible for making arrangements against technical system risks.

3. Rights, Obligations of Use

3.1. During the utilisation Sprecher Automation grants the User a non-exclusive, non-transferable right to view the Contents of the Website for own usage and to print Contents by quoting the source.

3.2. The User is only allowed to refer to Sprecher Automation in marketing material and publication, regardless of the kind, if he receives the expressly prior written consent from Sprecher Automation.

3.3. The User is not entitled to copy, change, amend, store, edit, decompile and/or translate the Website, separate any parts thereof, remove signs, marks and the like, utilise the Website commercially or otherwise and is not entitled to make any Contents accessible to anybody.

3.4. The User is responsible to take security precautions necessary for nondisclosure and properly usage of User name and password. The User is not entitled to pass on the User name and password, in case of abusive utilisation Sprecher Automation shall be informed immediately.

4. Scope, Limitation of Use

4.1. In General, the Website is available 24 hours a day, 7 days a week.

4.2. Sprecher Automation shall be entitled to discontinue access to the Website, totally or partially, especially to the download-portal and to the press- and public area, in case the User infringes upon this Terms of Use. Sprecher Automation is also entitled to change the Website in any order, without stating any reasons.

5. Intellectual Property Rights

5.1. The Website is proprietary. Any and all Copyright and Intellectual Property Rights regarding the Website, especially Services and Contents made available, remain at every time with Sprecher Automation or others. Any and all Copyright and Intellectual Property Rights regarding Services and Contents, which are not included in the Website, but which can be accessed with help of the Website, remain with the respective owner of the content and may be protected by applicable copy right law and other laws and agreements regarding intellectual property. The User is obliged, to protect respectively retain unchanged any and all rights of Sprecher Automation and/or others.

5.2. The User is obliged, to inform Sprecher Automation immediately in writing in case of an asserted infringement of an Intellectual Property Right and to do everything in his power that Sprecher Automation can hold off the asserted infringement of intellectual property.

6. Warranty, Liability, Insurance, Force Majeure

6.1. The Website is „as it is“. Sprecher Automation shall not assume any warranty and shall not be liable for correctness, completeness and/or actuality of the Website and that the offered Services and Contents are suitable for the indented purpose of the User.

6.2. The User shall use the Website at his own risk. The User is obliged to observe the national and international laws, regulations, examinations, embargo provisions in force, as well as the general rules about utilisation of the Internet, which change regularly. Sprecher Automation explicitly points out, that a violation of any provisions can be punishable.

6.3. Sprecher Automation’s liability for defects in material and in title shall be excluded in case utilisation of the Website is free of charge; this shall not apply in case of mandatory liability, e.g. tort. Claims for compensation for the violation of material contractual obligations are limited to typical, foreseeable contractual damages, except in cases of intent or gross negligence. The provision above does not imply a change in the burden of proof to the detriment of the User.

6.4. Sprecher Automation shall not assume any liability for dysfunctions that occur at the User’s computer system not caused by Sprecher Automation, although they are in timely closeness to utilisation of the Website. Sprecher Automation shall not assume any liability for interference or failures on the computer system of the User, for loss of data due to technical malfunction, interrupted data communication or other interferences or failures, which can arise from utilisation of the Website.

6.5. Sprecher Automation warrants observance with the applicable data protection regulations. Information about data protection is available here.

7. Others

7.1. In case the Website contains hyperlinks or references, they are solely made available for the comfort of the User. The User shall use those explicitly at his own risk. Any liability of Sprecher Automation shall be excluded.

7.2. If individual provisions of this Terms of Use and/or the contracts concluded hereunder are or become ineffective respectively unenforceable in whole or in part, the effectiveness and enforceability of the remaining provisions of this Terms of Use and/or the contracts concluded hereunder shall not be affected thereby. In such case the ineffective respectively unenforceable provision shall be deemed replaced by a provision, which is as similar as possible to the intended purpose. The same shall apply mutatis mutandis if a gap is identified.

8. Secrecy

8.1. The User is obliged to utilise all data, drawings, technical specifications, materials provided and documentations of any kind, which he receives in connection with utilisation of the Website or which he receives in the frame of a contractual agreement or become aware in the course of the utilisation confidential, not to copy them and not to disclose the same or make them available elsewhere, unless they are generally known or otherwise lawfully known. The User shall impose the obligation above on his staff and auxiliary persons accordingly.

9. Applicable Law, Jurisdiction

9.1. The Website is operated and administered by Sprecher Automation GmbH.

9.2. This Terms of Use and/or the contracts concluded hereunder including those regarding its existence or non-existence shall exclusively be subject to Austrian Law. The conflict of laws rules of private international law and UN Sales Law (CISG) shall hereby be expressly excluded.

9.3. Place of jurisdiction for the User shall exclusively be the court in charge in Linz/Austria. Sprecher Automation shall be entitled, on its own choice, to sue the User at any other court, which can be applicable according national or international law.

9.4. In case the User is a consumer, having his residence, usual place of living or place of employment in another circuit court in Austria, place of jurisdiction can be his respective court; is the residence, usual place of living or place of employment of the User in a different state than Austria, the consumer protection provisions of this country may prevail.

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