Use of the web pages (henceforth SEW-EURODRIVE web pages") of SEW-EURODRIVE S.a.s. di SEW S.r.l. & Co.(henceforth "SEW-EURODRIVE") and/or its international subsidiaries is permitted only on the basis of these terms and conditions. The validity of these terms and conditions of use in their relevant form is considered to be accepted upon registration as per Item 2 or, if registration is not explicitly required, upon commencement of usage.
In individual cases, the terms and conditions of usage can be augmented, modified or replaced by other terms and conditions, i.e. for purchasing or selling products and/or services.
In the interests of security regarding legal issues, certain SEW-EURODRIVE web pages are password-protected and therefore accessible to registered users only. Certain SEW-EURODRIVE web pages require authorization and are therefore restricted to users with authorization from SEW-EURODRIVE expressly excludes users' claims to registration and/or authorization. SEW-EURODRIVE reserves the right to revoke access rights by blocking log-in data without providing any explanation, especially if the user submits incorrect information when registering or is no longer authorized to use password-protected and/or authorization-only SEW-EURODRIVE web pages, contravenes applicable legislation, or neglects his/her duty of care when handling log-in data.
The user is obliged to provide complete and accurate information when registering and immediately notify SEW-EURODRIVE of any subsequent changes to this information. The user registers by providing his/her name and e-mail address, and selecting a password. SEW-EURODRIVE then sends an e-mail containing an confirmation link to the e-mail address supplied by the user during registration. Access to password-protected pages is activated when the user clicks the confirmation link, thereby verifying that he/she is the owner of the e-mail address submitted during registration. The user takes care to ensure that he/she receives the e-mails sent to the provided e-mail address.
3. User's Rights and Obligations
If both parties have agreed to it, a simple, non-exclusive and non-transferable license will be issued for information and software SEW-EURODRIVE provides for downloading; if there is no agreement, downloading corresponds to the objective followed by SEW-EURODRIVE when preparing and permitting access to its information.
The user has no claim regarding access to source code when being provided with software. Exception: Source code of open source software whose licensing terms and conditions mandate access to source code, if they take priority over these terms and conditions. In such a case, SEW-EURODRIVE will provide access to the source code in return for refunded costs.
The user ensures that third parties have no access to information, software, documentation or to user data provided for the registration process. The user is not permitted to sell or rent to third parties information, software, documentation or user data, or provide these in any other manner. Unless otherwise permitted by mandatory legal regulations, the user may not modify the software or its documentation, undertake reverse engineering or a reverse translation, or take excerpts from it. The user may make a backup copy of the software if such a copy is necessary for future use as a backup on the basis of these terms and conditions of use.
The user assumes liability for all orders and other activities performed via his/her user data. If the user learns that third parties are making improper use of his/her user data, he/she is obliged to immediately notify SEW-EURODRIVE of this in writing (or provide advance notification via e-mail). After receiving this notification, SEW-EURODRIVE has the right to block access to the password-protected area linked to this user data.
The user may at any time demand in writing the deletion of his/her registration insofar as deletion does not conflict with the processing of current contractual matters In this situation, SEW-EURODRIVE will delete all of the user's user data and all other person-related data stored by SEW-EURODRIVE.
SEW-EURODRIVE reserves the right to block access to SEW-EURODRIVE web pages, especially if the user contravenes his/her obligations as described in these terms and conditions.
The following are prohibited to the user when using SEW-EURODRIVE web pages:
• Inflicting damage on a person or infringing their personal rights;
• infringing commercial protection rights, copyright or other ownership rights;
• transmitting contents with viruses or other types of programming which can damage software;
• acting contra bonos mores;
• illicitly entering, storing or sending hyperlinks or contents, in particular if these hyperlinks and contents contravene confidentiality obligations or are illegal, or
• sending spam e-mails, advertisements or incorrect warnings regarding viruses, errors or similar, or inviting to participation in sweepstakes, lotteries, games of chance, pyramid schemes, chain mails or similar activities
4. Intellectual Property
The information, software, documentation, texts, images, charts, sound files, video files, animation files and other files (henceforth: "materials") on SEW-EURODRIVE web pages are subject to copyright protection in accordance with statutory provisions. SEW-EURODRIVE reserves all rights to these materials. The user is to respect these rights. Paragraphs 69a and following of Germany's copyright law ("Urheberrechtsgesetz") remain unaffected.
Total or partial reproduction, dissemination, transferal, modification or use of SEW-EURODRIVE web pages (in electronic or other form) for public or commercial purposes is prohibited without advance permission by SEW-EURODRIVE This also applies to brands and trademarks, nameplates and company logos which belong to SEW-EURODRIVE and its subsidiaries.
In addition to the rights expressly granted in these terms and conditions of use, SEW-EURODRIVE grants the user no other rights of any kind when providing materials and SEW-EURODRIVE web pages; this applies in particular to copyrights, company names, industrial property rights such as patents, utility patents, designs and brands. Nor is SEW-EURODRIVE obliged to concede such rights.
5. References and Links
SEW-EURODRIVE web pages contain links to other web pages. SEW-EURODRIVE declares that linked web pages were free of illegal contents at the point in time when the link was created. SEW-EURODRIVE has no influence over the current and future design and contents of the linked and/or referenced web pages. In this respect SEW-EURODRIVE can subsequently assume no liability for the correctness, completeness or quality of these web pages' information or ensure that it is up to date; SEW-EURODRIVE hereby distances itself from all of the contents of any web page which is modified after a link is created. This declaration applies to all links from SEW-EURODRIVE web pages to external web pages and their contents.
6. Online Contents and Liability
SEW-EURODRIVE provides certain information and services on SEW-EURODRIVE web pages. SEW-EURODRIVE reserves the right to change, augment or delete parts or all of the SEW-EURODRIVE web pages without prior notification; SEW-EURODRIVE also reserves the right to suspend the availability of information either temporarily or completely.
SEW-EURODRIVE assumes no liability for the continuous availability of SEW-EURODRIVE web pages or the possible presence of viruses on them. For the safety of the user and of SEW web pages, the user is obliged to undertake the appropriate safety precautions before downloading materials.
If materials are provided free of charge via SEW-EURODRIVE web pages, no liability is assumed for defects as to quality or title. In particular, when it comes to information, software and documentation, SEW-EURODRIVE assumes no liability regarding correctness, accuracy, freedom from the copyright of third parties, completeness and/or right of use. This does not apply in the cases of willful misconduct or fraudulent intent.
The materials on SEW-EURODRIVE web pages can contain specifications or general descriptions of products' technical capacities which are not necessarily present in some specific cases. Product modification is such a case. The materials provided are non-binding and do not represent offers in legal terms. The products' desired performance characteristics are therefore to be agreed during purchase in specific cases.
SEW-EURODRIVE assumes no liability unless the German Product Liability Act ("Produkthaftungsgesetz") prescribes compulsory liability, e.g. for willful misconduct, gross negligence, injury to life, the body or to health, failure to meet guaranteed characteristics, malicious silence with regard to a defect or breach of fundamental contractual obligations. Compensation arising from the breach of fundamental contractual obligations is however limited to claims deemed typical and which can be reasonably foreseen, except in events of willful misconduct or fraudulent intent.
The regulations described in item 6 do not constitute a shift in the burden of proof to the user's disadvantage.
7. Export Restrictions
The provision of particular information and services can, depending on their purpose or ultimate use, be subject to authorization or be entirely prohibited, due to EU export regulations, export regulations of EU member states and/or export regulations of the USA. Access to and forwarding of the materials provided by SEW-EURODRIVE web pages is permitted only if the user ensures compliance with the export regulations. If not, SEW-EURODRIVE reserves the right to deny access to SEW-EURODRIVE web pages and their contents.
8. Final Provisions
Supplementary agreements must be in writing. If individual formulations or parts of this text do not, no longer or not entirely comply with the valid legal regulations, the contents and validity of the remaining parts of the document remain unaffected.
The place of jurisdiction is Bruchsal, Germany, if the user is a commercial agent as per Germany's commercial code ("Handelsgesetzbuch"). German law applies, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG)