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EPCOS terms of use for the EPCOS AG Website
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| 1. | General | | 1.1 | All use of this website provided by EPCOS AG (hereinafter the EPCOS Website) is subject to the terms of use presented below (hereinafter the Terms of Use). The terms may in specific cases be extended, modified or replaced with additional terms of use, for example for the use of software or the purchase of products. Please read through the Terms of Use carefully. You may not use the EPCOS Website unless you accept the Terms of Use. Any use of the EPCOS Website shall be deemed to constitute acceptance of the Terms of Use. The EPCOS Website is operated by EPCOS AG of Munich, Germany (also referred to hereinafter as EPCOS). EPCOS AG is the legal successor to Siemens Matsushita Components GmbH & Co. KG. All information and programs appearing on the EPCOS Website under the name Siemens Matsushita Components GmbH & Co. KG (S+M Components) remain valid. | | 1.2 | If the user making use of the EPCOS Website (hereinafter the user) does so as or on behalf of a company, that is to say in the exercise of a commercial or independent professional function, or on behalf of a public institution, Section 312e Subsection (1) sentence 1 nos. 1 to 3 of the German Civil Code (BGB) shall not apply. | | 1.3 | Where web offers intended for companies or public institutions appear on the EPCOS Website, the company or institution concerned is represented by the user and must be accountable for his or her actions and knowledge. |
| 2. | Services | | 2.1 | EPCOS makes information, programs and software, plus documentation where applicable, available on the EPCOS Website for review or downloading. | | 2.2 | EPCOS may cease to operate the EPCOS Website in whole or in part at any time. EPCOS cannot guarantee that the EPCOS Website will always be available without interruption.EPCOS will make improvements and other changes to the information, programs and software (including documentation) provided without explicit reference thereto. | | 2.3 | It may be the case that products and services described on the EPCOS Website are not available in every country. EPCOS also reserves the right to modify or cease production of products and services that are documented on the EPCOS Website. Users are requested to direct any questions concerning delivery possibilities to their nearest EPCOS sales office or to an EPCOS authorized distributor. Any prices shown on the EPCOS Website are net prices in euros. These prices apply from the place of delivery and exclude VAT, packaging, shipping and insurance unless otherwise indicated on the relevant pages of the EPCOS Website. |
| 3. | Rights of use for information, programs and software (plus documentation where applicable) | | 3.1 | Use of the information, programs and software (including documentation) provided on the EPCOS Website is subject to these Terms of Use or, in the case of updates to information, programs or software (including documentation), the applicable terms already agreed with EPCOS. Terms agreed separately, for example in connection with the downloading of software, shall take precedence over these Terms of Use. | | 3.2 | EPCOS grants to the user a non-exclusive and non-transferable right to use the information, programs and software (plus documentation where applicable) presented on the EPCOS Website in the scope agreed or, if no such agreement has been concluded, in the scope appropriate to the objective of EPCOS in creating said materials and making them available. | | 3.3 | Sections 69a ff. of the German Copyright Law (UrhG) shall remain unchanged. |
| 4. | Intellectual property | | 4.1 | EPCOS reserves all rights derived from the applicable copyright provisions in respect of the EPCOS Website and its content. The content of the EPCOS Website may not be duplicated, transmitted, distributed or stored, in whole or in part, in any form without the written consent of EPCOS other than under the provisions laid down in Article 3.2. However every user-created copy of EPCOS Website content must include a reference to the copyright of EPCOS AG. Additional restrictions on use may be imposed for specific content of the EPCOS Website. These restrictions must also be observed. | | 4.2 | The EPCOS company name and the EPCOS logo are registered trademarks. These trademarks may not be used without the written consent of EPCOS. The same also applies to all other trademarks, trade names and product names registered or pending.
 Further information about trade names | | 4.3 | The user shall not be granted rights of any nature additional to the rights of use and other rights explicitly granted, nor shall EPCOS be under any obligation to grant such rights. |
| 5. | Hyperlinks | | | The EPCOS Website contains links to other websites. Following these links causes the user to leave the EPCOS Website. The inclusion of these links does not indicate support for or adoption of the content of the linked pages by EPCOS. The linked sites are not under the control of EPCOS. Consequently EPCOS accepts no responsibility for these links. EPCOS explicitly accepts no responsibility for the content of such links or any associated transmission of data. Users make use of such third-party websites at their own risk. |
| 6. | Liability | | 6.1 | Where information, programs or software (plus documentation where applicable) are made available free of charge, there shall be no liability – other than in cases of intent or malice – for material defects or defects in title in respect of the information, programs or software (including documentation), especially as regards accuracy, freedom from errors, freedom from third-party intellectual property rights and copyright, completeness and/or usability. | | 6.2 | Although EPCOS works constantly to protect the EPCOS Website from viruses, it cannot guarantee that the Website is virus-free. There is a residual risk of unauthorized third parties (such as hackers) gaining access to the EPCOS Website and the information it contains. EPCOS is not responsible for any losses thus caused. The user will ensure that suitable security precautions and virus scanners are in place prior to downloading information, programs or software in the interests of user safety and to prevent viruses on the EPCOS Website. | | 6.3 | The information on the EPCOS Website may contain specifications or general descriptions of technical capabilities of products that may not necessarily be present in individual cases (for example following product modifications). The required product features must therefore be agreed for each specific case when making a purchase. Order acceptance for deliveries of products ordered via or on the basis of the EPCOS Website shall be subject to the terms of delivery agreed in each case and, insofar as no terms of delivery are agreed or the terms of delivery agreed are partially or wholly contradictory, the applicable statutory provisions shall apply. | | 6.4 | Any other liability of EPCOS on account of or in connection with the provision of information, programs or software (plus documentation where applicable) on the EPCOS Website or the use of this information or software or these programs is excluded irrespective of legal basis unless liability is mandatory under the German Product Liability Act (ProdHaftG), for example, or due to intent, gross negligence, the acceptance of a guarantee, malicious concealment of a defect or the infringement of material contractual obligations. The compensation to be paid for infringement of material contractual obligations is, however, limited to the foreseeable losses typical of the contract concerned except in cases of intent or gross negligence. |
| 7. | Data protection | | 7.1 | EPCOS operates the EPCOS Website in compliance with the applicable data protection legislation. EPCOS will not gather personal data (such as e-mail address, telephone number, address, etc.) via the EPCOS Website without the consent of the user. | | 7.2 | The EPCOS Website contains a number of different forms (for example, for registration, contact, ordering and newsletter functions). If the user decides to provide EPCOS with details such as a company name, department, address, e-mail address, etc., EPCOS may store and evaluate these details and pass them on to subsidiary companies of EPCOS and to the sales companies authorized by EPCOS or other contract partners of EPCOS for the purposes of maintaining the customer relationship with the user and in particular to keep the user informed about the EPCOS products available. EPCOS will not otherwise make personal data available to third parties. | | 7.3 | Information is gathered automatically when a user accesses the EPCOS Website, but this information is not and will not be associated with any individual person. Such information includes the browser and operating system in use, the frequency of visits, the duration of visits and the pages viewed. EPCOS uses this data solely in order to determine how attractive and how well received the EPCOS Website is and how its content might be improved. |
| 8. | Data transmission | | 8.1 | The user warrants that any data the user sends to EPCOS by e-mail or using a web form does not contain any illegal or incorrect disclosures and that the user is entitled to pass this data on to EPCOS. The user also warrants that this data contains no viruses and that the user has checked the data for viruses. | | 8.2 | Data transmission over the Internet cannot be totally secure. Any confidential data on the EPCOS Website is transmitted in encrypted form in accordance with the applicable technical standards. Users employ the technologies provided by EPCOS for data transmission at their own risk. |
| 9. | Miscellaneous terms | | 9.1 | Ancillary agreements must take the written form. Any agreement to set aside this formal requirement must likewise take the written form. | | 9.2 | Any dispute arising as a result of or in connection with the use of the EPCOS Website is subject to the substantive law of the Federal Republic of Germany. The sole place of jurisdiction is Munich, Germany. |
Published by EPCOS AG
Corporate Center
P.O. Box 80 17 09
81617 Munich
GERMANY
T +49 89 636 09
F +49 89 636 2 26 89 webmaster@epcos.com |
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