1. Scope
1.1 This website ( "KPKJ Website") provided by KPKJ and / or its affiliates ( "KPKJ") is subject to these Terms of Use. These Terms of Use may be modified, amended, or replaced by other terms and conditions, such as when a product or service is purchased. By accessing or using the KPKJ Website without logging in or logging in, you accept the current version of the Terms of Use.
1.2 If the content of the website is directed to a company or public enterprise, such companies or businesses will be represented by the user and the user must be assumed to have appropriate knowledge and take appropriate action.
1.3 If the user uses the KPKJ website as a commercial user, that is, he does not act outside the scope of his trade, business or professional purpose, or uses the KPKJ website as an administrative user, section 312e, section 1 of the German Civil Code Paragraphs 1-3 in the first sentence do not apply.
2. Services
2.1 The KPKJ Website contains special information and software for browsing or downloading, and (as appropriate) related documentation.
2.2 KPKJ may at any time in whole or in part stop the operation of the KPKJ Website. Due to the nature of the network and computer systems, KPKJ is not responsible for the continued availability of the KPKJ website.
3. Registration, password
3.1 Some pages of the KPKJ website are password protected. For security and commercial transaction security, only registered users can access the above page. KPKJ reserves the right to refuse any user registration. KPKJ reserves the right to convert certain freely accessible websites to sites that require registration. KPKJ reserves the right at any time to deny access to a password-protected area by preventing user data (as defined below) and KPKJ is under no obligation to state the reasons for denial, particularly if the user
- use of false data for registration;
- Violation of these Terms of Use or the negligence of its duty of care with respect to User Data;
- Violation of applicable laws when accessing or using the KPKJ website;
- The KPKJ website has not been used for an extended period of time.
3.2 At the time of registration, the user shall provide accurate information and update the information as soon as the information changes over time (where possible: online). The user should ensure that the email address provided to KPKJ is valid and that the address can be reached.
3.3 After registration, KPKJ will provide the user with an access code ( "User Data") containing the user name and password. Upon first access, the user should immediately change the password received from KPKJ to only the password known to the user. User data allows the user to view or modify its data or, if applicable, revoke its consent for data processing.
3.4 The User shall ensure that the User Data is not available to third parties and shall be responsible for all transactions or other activities performed under its User Data. After each login, the user should exit the password-protected site. If the user discovers that a third party is using its user data inappropriately, the user should inform KPKJ immediately in writing or, as the case may be, by e-mail, within the scope of his discovery.
3.5 Upon receipt of the notification in Section 3.4, KPKJ will deny access to the password-protected area using the user data. The user can only access the password protected area after applying to KPKJ or re-registering.
3.6 As long as the deletion of data does not violate the proper performance of the relevant contractual relationship, the user may terminate the registration in writing at any time. In this case, KPKJ will erase all user data that is no longer needed and other personally identifiable information of the stored identifiable user as soon as possible.
4. The right to use information, software and documentation
4.1 Any information, software and documentation provided or distributed through the KPKJ website shall be governed by these Terms of Use or updated in accordance with the terms of the license agreed in advance with KPKJ. The agreed terms of the license (such as the Software Download License Terms) shall take precedence over these Terms of Use.
KPKJ grants to the user a non-exclusive, non-transferable and non-sublicensable license within the scope of the agreement, or (if such negotiation is not carried out), within the scope of the intended purpose for which KPKJ provides the information, permitting the user to use, through KPKJ Information, software, and documentation provided or posted on the Site.
4.3 The software shall be provided free of charge in the form of object code. There is no right to request source code. The above provisions do not apply to the following source code relating to open source software in which the license terms prior to the transfer of the open source software take precedence over the terms of use and the source code is required in its license terms. In the above case, KPKJ shall provide the source code in exchange for the payment of the fee.
4.4 Information, software and documentation may not be distributed to any third party by the user at any time, nor may they be rented or otherwise made public. You may not modify the Software or the Documentation, nor disassemble, reverse engineer or decompile the Software, or separate any part of the Software, except as permitted by applicable law. There is a need to ensure that a copy of the Software can be backed up for further use under these Terms of Use.
4.5 Information, software and documentation are protected by copyright laws and international copyright treaties and other laws and conventions relating to intellectual property. The User shall comply with the foregoing laws and in particular shall not modify, conceal or erase any alphanumeric codes, logos, or copyright notices in the Information and in the Software or the Documentation or any copies thereof.
5. Intellectual Property Rights
5.1 Notwithstanding the specific provisions of Article 4 of the Terms of Use, the information, brand name and other content of the KPKJ Website may not be altered, copied, reproduced, sold, rented, used, supplemented or otherwise used without the prior written consent of KPKJ .
5.2 Except as expressly granted in these Terms of Use, KPKJ does not grant any other rights to the User and does not imply any obligation to grant further rights. It is hereby expressly excluded that all and all patent rights and licenses are excluded.
5.3 KPKJ may freely use any comments or suggestions stored on the KPKJ website for the development, improvement and sale of KPKJ products.
6. User Obligations
6.1 Users may not access or use the KPKJ Website
- to injure another person (especially a minor) or to violate another person's personal rights;
- Violation of public morality;
- infringes any intellectual property or other proprietary rights;
- Upload content containing viruses (so-called "Trojans") or any other program that may damage data;
- disseminating, storing or uploading unauthorized hyperlinks or content to users, in particular where such hyperlinks or content violate confidentiality obligations or are illegal;
- You may not solicit or request participation in any lottery, snowball system, chain letter, pyramid game, or the like, by placing ads or unsolicited e-mails (so-called "spam") or by sending out virus, bug false alarms or disseminating similar information activity.
6.2 KPKJ may at any time deny access to the KPKJ Website, in particular if the User breaches any of the obligations arising from the Terms of Use.
7. Hyperlinks
The KPKJ website may contain hyperlinks to third-party web pages. KPKJ disclaims any liability for the content of such web pages and does not endorse or endorse such web pages or their content as KPKJ, as KPKJ can not control the information on such web pages or be responsible for the content and information of such web pages. Users use the information on these pages at their own risk.
8. Ownership or quality defects of the responsibility
8.1 KPKJ shall not be liable for any defects in the quality or ownership of the information, software and documentation described above in respect of any information, software or documentation that is freely disclosed, except in the case of intentional misconduct or fraud, , Non-claimable, non-third party rights, completeness, or fitness for purpose.
8.2 The information on the KPKJ web site may contain specifications or general descriptions that may relate to the technical possibilities of individual products and may not be disclosed in certain circumstances (as a result of changes in the product). The required performance of the product is therefore agreed upon by both parties at the time of purchase.
9. Other duties, viruses
9.1 KPKJ The liability for defects in quality and title shall be determined in accordance with the provisions of Article 8 of these Terms of Use. KPKJ shall not be liable under the Law on Production Liability or in cases of willful misconduct, gross negligence, bodily injury or death, failure to satisfy the characteristics of the guarantee, fraudulent concealment of the defect or breach of the underlying contractual obligations Any further responsibility. In the absence of intentional misconduct or gross negligence, damages arising from breach of a fundamental contractual obligation shall be limited to the common and foreseeable damages of the contract.
9.2 Although KPKJ will do its best to keep the KPKJ web site free from viruses, KPKJ can not guarantee that its website will be free of viruses. For your own protection, users should take the necessary steps to ensure proper security measures and should use a virus scanner to scan any information, software, or documentation downloaded.
9.3 Sections 9.1 and 9.2 are not intended and do not imply any change in the burden of proof in favor of the user.
10. Compliance with export control regulations
10.1 If the User transfers the information, software and documentation provided by KPKJ to a third party, the User shall comply with all applicable national and international (re) export control regulations. In the above transfer, the user shall comply with the (re) export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
10.2 Prior to such transfer with a third party, the user shall, in particular, inspect and warrant by appropriate measures:
- the above acts of transfer or the provision of other economic resources in connection with the information, software and documentation provided by KPKJ do not violate the embargo imposed by the EU, the United States of America and / or the United Nations, taking into account restrictions on domestic transactions and The prohibition of such embargoes.
- Information, software and documentation provided by KPKJ are not intended for such use, except in cases where the use of armaments, nuclear technology and weapons is prohibited or requires authorization, provided that the required authorization is provided.
- Provisions of the EU and the United States of America for all lists of sanctioned entities, individuals and organizations that are prohibited from conducting trade are considered.
10.3 If necessary in order for the relevant authority or KPKJ to be able to conduct an export control inspection, the user shall, upon receipt of a request from KPKJ, provide KPKJ with timely information regarding the end user, destination and use of the information, software and documentation provided by KPKJ All information and inform KPKJ of any export control restrictions that may exist.
10.4 For any claim, suit, suit, penalty, loss and damages arising out of or in connection with the non-observance of the export control regulations, the user shall indemnify KPKJ for all losses and expenses incurred by KPKJ as a result of the above, and ensure that KPKJ does not Will receive any damage, unless the above situation is not due to the fault of the user. This provision does not imply a change in the burden of proof.
10.5 KPKJ The obligation to perform an agreement is governed by the restrictions set forth below, namely that the performance of obligations is not prohibited by domestic and international trade and customs regulations or by any embargo or other sanctions.
11. Data privacy protection
In order to collect, use and process personally identifiable information that is personally identifiable by KPKJ Web site users, KPKJ shall comply with the laws relating to data privacy protection and the KPKJ website data protection privacy policy, which may be found in hyperlinks on the KPKJ website and / Www.siemens.com.
12. SUPPLEMENTAL AGREEMENT, JURISDICTION, APPLICABLE LAW
12.1 Any supplemental agreement shall be in writing.
12.2 If the user is a commercial subject under the German Commercial Code, the place of jurisdiction shall be Munich.
12.3 Each page on the KPKJ website is operated and managed by KPKJ and / or its affiliates. The web pages comply with the laws applicable to the country in which the company's business is located. KPKJ makes no representations that the information, software and / or documentation on the KPKJ website is appropriate or available for viewing or downloading outside of the country. If a user visits the KPKJ website from a location other than that country, it is responsible for compliance with all applicable local laws. If the information, software and / or documentation of the KPKJ website is not legal in the country of visit, KPKJ will prohibit the country from accessing the KPKJ website. In this case, when the user attempts to trade with KPKJ, the user should contact the representative of KPKJ for country-specific matters.
