The use of the web pages (hereinafter "SEW-EURODRIVE web pages") of SEW-EURODRIVE S.a.s. of SEW S.r.l. & Co. (hereinafter “SEW-EURODRIVE”) and / or of the SEW-EURODRIVE GmbH & Co Group's international branches, in particular its Italian branch, is permitted only on the basis of these terms and conditions which, in their current form, are regarded as accepted upon the registration referred to at point 2 or, if the registration is not expressly required, when starting using the website.
In individual cases, the terms and conditions of use may be integrated, amended or replaced by other terms and conditions, in particular for the purchase or sale of products and / or services.
For safety purposes, with regard to legal aspects, several SEW-EURODRIVE web pages are protected by a password, and consequently only registered users can access them. SEW-EURODRIVE web pages needing an authorization are limited to the access of users having SEW-EURODRIVE's authorization, which defines the methods to be adopted by users in order to expressly request the registration and / or authorization. SEW-EURODRIVE reserves the right to withdraw access rights, blocking access to login without providing any explanation, especially if the user sends incorrect information upon registration or he/she is not authorized to use web pages protected by a password and / or by SEW-EURODRIVE's authorization, in breach of the regulation in force, or he/she does not adopt adequate precautions to safeguard and use login credentials.
Upon registration, the user is required to provide complete and exact information, as well as to immediately inform SEW-EURODRIVE about any subsequent change to said information. The user registers by providing his/her name and e-mail address, and by choosing his/her password. After that, SEW-EURODRIVE sends an e-mail including a confirmation link to the e-mail address provided by the user upon registration. Access to pages protected by password is activated when the user clicks on the confirmation link, thus confirming that he / she is the owner of the electronic mail address provided upon registration. In this way, the user ensures that he / she receives the e-mails sent to the e-mail address provided.
3. User's rights and obligations
Following the registration, a simple, non-exclusive and non-transferable licence shall be issued in order to use the information and software for which SEW EURODRIVE allows access and download.
When the software is provided, the user has no rights whatsoever concerning access to the source code. However, with the only exception in the case of a source code referring to an open source software. In said case, SEW-EURODRIVE shall grant access to the source code, without prejudice to the right of reimbursement of the possible costs incurred.
The user is responsible for ensuring that third parties do not have access to information, software, documents or to the users' data requested for the registration procedure. The user may not sell nor sub-license to third parties the information, software, documents or users' data, nor market them in any other way. Unless otherwise allowed by the mandatory provisions of law, the user may not change the software or its documents, nor carry out a reverse engineering or revise them, except in the cases permitted by law, nor take extracts of it. The user may make a back-up copy of the software in case such copy is necessary for any future use as a back-up in compliance with these terms and conditions of use.
The user shall take responsibility for all the orders and the other activities carried out through his/her user data. If the user becomes aware of the fact that third parties misuse his/her data, he/she shall be required to immediately inform SEW-EURODRIVE about it in writing (or to provide a prior notification by e-mail). After having received said notice, SEW-EURODRIVE shall be entitled to block access to the area protected by a password related to said user's data.
The user may request the cancellation of his/her registration at any time, in writing, insofar as the cancellation is not in conflict with the handling of current contractual matter. In said case, SEW-EURODRIVE shall delete all the user's data as well as all the related data stored by SEW-EURODRIVE for any reason.
SEW-EURODRIVE reserves the right to block access to website pages, in particular if the user does not comply with his/her obligations set out in these terms and conditions.
In particular, when using SEW-EURODRIVE web pages, the user is prohibited to carry out the following activities:
- Cause damage to persons or infringe personal rights
- Infringe trade protection rights, copyrights or other property rights
- Transmit contents containing viruses or other types of programming which may damage the software
- Carry out unlawful activities according to the regulations in force
- Unlawfully use IT tools allowing to store or send hyper-links or contents, in particular if said hyper-links and contents do not comply with privacy obligations or with applicable legislations, or
- Send spam e-mails or fraudulent messages containing viruses, errors or the like, or inviting recipients to take part in prize contests, lotteries, games of chance, pyramid schemes, e-mail chains or similar activities
4. Intellectual Property
The information, software, documents, texts, images, charts, audio files, video files, animation files and other files (hereinafter: “Materials”) included in SEW-EURODRIVE web pages are subject to copyright protection in compliance with the provisions of law. SEW-EURODRIVE reserves all the rights on such materials. The user is required to respect such rights.
Without prejudice to all the criteria set out by the applicable copyright regulations in force.
Reproducing, circulating, transferring, modifying or using, also partially, SEW-EURODRIVE web pages (both in electronic or other formats) for public or trade purposes without SEW-EURODRIVE's prior written consent is prohibited. This applies also to the trademarks, logos and distinguishing marks of the companies belonging to SEW-EURODRIVE and of its subsidiaries.
Besides the rights expressly granted in these terms and conditions of use, when making the contents of its web pages available, SEW-EURODRIVE does not grant to the user any other right of any type whatsoever. In particular, this refers to copyrights, companies' names and industrial property rights such as patents, utility patents, designs and trademarks. Neither is SEW-EURODRIVE in any way required to grant said rights.
5. References and Links
SEW-EURODRIVE web pages include links to other web pages. SEW-EURODRIVE hereby declares that it verified that, at the time the link was created, the linked web pages did not include illegal contents. SEW-EURODRIVE has no influence over the present and future design and contents of the linked web pages and / or of the reference web pages. In this respect, SEW-EURODRIVE may not subsequently take any responsibility for the accuracy, completeness or quality of the information included in such web pages, nor may it guarantee that they are updated. SEW-EURODRIVE hereby denies any responsibility for the contents of any web page modified after any link is created. This statement applies to all the links from SEW-EURODRIVE web pages to external web pages, as well as to their content.
6. On-line content and responsibility
In its web pages, SEW-EURODRIVE provides some information and services. SEW-EURODRIVE reserves the right to modify, increase or delete parts of or all SEW-EURODRIVE web pages without prior notice. SEW-EURODRIVE also reserves the right to suspend, either temporarily or completely, the availability of information.
SEW-EURODRIVE does not take any responsibility with regard to the availability of SEW-EURODRIVE web pages or to the possible presence of viruses in them. For safety purposes, the user is required to adopt adequate safety measures before downloading the materials.
If the contents are provided free of charge through SEW-EURODRIVE web pages, SEW-EURODRIVE does not take any responsibility for quality or title defects. In particular, as concerns information, software and documents, SEW-EURODRIVE does not take any responsibility concerning their correctness, accuracy, compliance with third parties copyright protection regulations, completeness and / or right of use. This does not apply to wilful misconduct and fraudulent intent.
The web pages of SEW-EURODRIVE's website may contain specifications or general descriptions of the technical capabilities of products which in certain specific cases are not necessarily present. In particular, this occurs in case of product modification. The materials provided are not binding and they do not amount to offers in legal terms. Therefore, any desired performance feature of the products must be checked upon purchase in specific cases.
SEW-EURODRIVE does not take any responsibility, unless the product liability law provides for compulsory liability for, for instance, fraud, gross negligence, endangering of life, of physical or health safety, for the absence of guaranteed features, for wilful or negligent omission of information concerning the presence of a defect or for the infringement of essential contractual obligations. However, the compensation for damages arising from the infringement of essential contractual obligations is limited to facts regarded as typical and which may reasonably be regarded as foreseeable, except for wilful misconduct or fraudulent intent.
These provisions do not amount to a reversal of the burden of proof on the user.
7. Export restrictions
The supply of special information and services may, according to their final destination or use, be subject to authorization or be fully prohibited, pursuant to EU export regulations, export regulations of single EU member States and / or U.S. export regulations. Access to and forwarding of the contents provided by SEW-EURODRIVE web pages are allowed only if the user ensures compliance with export regulations. Otherwise, SEW-EURODRIVE reserves the right to deny access to its web pages and to their contents.
8. Information, personal data, documents and materials sent to the website.
SEW-EURODRIVE appreciates comments, suggestions and recommendations by its website users. However, the company shall not accept any material sent through its website, except for the contents expressly requested. SEW-EURODRIVE reserves the faculty to use freely and at its own discretion, in any form and manner, and consequently also for promotional and commercial purposes, any material received through its Website, even if it is not requested, though without undertaking any obligation in this respect towards the user who sent said materials.
9. Final provisions
Any possible supplementary agreement shall be in writing. If single formulations, or parts of this document do not, even only in part, comply with the applicable legislation in force, the content and validity of the remaining parts thereof shall remain unaltered.
The place of jurisdiction is that of the selling company in compliance with the regulations in force. The Italian law applies in case of disputes, in compliance with the United Nations Convention on Contracts for the International Sale of Goods (CISG).