1. Range of applications       1.1 Using these internet pages (below called “INCOTEC Website”) offered by INCOTEC GmbH and/or its subsidiary companies ("INCOTEC") is exclusively permitted on the basis of these conditions. These General Terms of Use may in individual cases be amended, modified or replaced by additional conditions, e.g for the purchase of products and/or services. By logging in, or, if a separate log-in should not be necessary, by beginning to use it, the validity of these Terms of Use in their respective current version are accepted.     1.2 Inasmuch as the user uses the INCOTEC website on behalf of or for a company, i.e. performs a commercial or self-employed occupational activity, or acts for a public incorporation, section 312e, paragraph. 1 p. 1 nos. 1 - 3 of the German Civil Code will not apply.     2. Services       2.1 On its INCOTEC website, INCOTEC keeps some kinds of information and software ready for accessing and downloading, in case of need some documentation as well.     2.2 INCOTEC is entitled to discontinue operating the INCOTEC website completely or in parts at any time. Due to the characteristics of the internet and of computer systems INCOTEC does not safeguard a permanent availability of the INCOTEC website.     3. Logging in, password       3.1 Some of the pages of the INCOTEC website may be password protected. In the interest of secure business connections, only registered users may be entitled to access these pages. A claim to be registered by INCOTEC cannot be raised. In particular, INCOTEC reserves the right, to impose the duty of registering on previously open-source websites, too. INCOTEC is entitled at any time to revoke the access authorization by blocking the acquisition data without any reasons being given, particularly if the user has made false statements about the registration, violated these conditions or their due diligence while handling their access data, have committed an infringement of applicable right when accessing or using the INCOTEC website or when not using the INCOTEC website for a longer time.     3.2 If a registration has been stipulated the user is obliged to make truthful statements regarding the registration and in case of any changes later on to inform INCOTEC promptly (if required, online) of these. The user will see to it that the e-mails that are sent to the e-mail address he had stated will indeed reach him.     3.3 After the registration has been completed the user will receive a user name and password (in the following also called "user data"). During their first access, the user will change the password transmitted by INCOTEC into a password only known to them. The user data enable the user to inspect their data, to modify them or if necessary to revoke or extend the consent they had granted for data processing.     3.4 The user makes sure that the user data will not be accessable to third parties and will be made liable for all orders and other activities coming to pass due to anybody using the user data. Each time after using the area protected by the password, the user has to sign out. In case a user gets to know of third parties using their user data improperly they are obliged to notify INCOTEC of that promptly in writing, if necessary in advance in a simple e-mail.     3.5 After receiving the note as mentioned in 3.4, INCOTEC will block the access to the password-protected area requiring these user data. Lifting the lock-out is only possible after a separate request of the user attn. of INCOTEC or after a new registration.     3.6 At any time the user can demand the cancellation of their registration in writing, inasmuch as the cancellation will not conflict with the completion of ongoing contractual business. In this case INCOTEC will delete all user data and all other recorded personal data of that user as soon as they are not required any longer.     4. Rights of using information, software and documentation       4.1 The utilization of the information, software and documentation supplied on the INCOTEC website underlies these conditions or, or in case of updating of information, software or documentation, the appropriate licence terms formerly agreed upon with INCOTEC. Licence terms agreed upon separately will override these terms.     4.2 INCOTEC transfers to the user a non-exclusive and non-transferable right to use the information, software and documentation made available on the INCOTEC website to the agreed extent or, if no agreement has been made, as it corresponds to the goals pursued by INCOTEC by publishing them and by making them available.     4.3 Neither information, software nor documentations may be distributed by the user to third parties at any time, nor may they be rented or in any other way be let. Unless imperative regulations allow something else, the user may modify neither the software nor its documentation , nor regress or translate it nor may they eliminate parts of it. The user may back the software up if this copy is necessary for backing up future utilization on the basis of these terms of usage.     4.4 The information, the software and the documentation are protected by copyright acts and also by international copyright treaties as well as by other laws and agreements on intellectual property. The user will adhere to these copyright notes neither from information nor from software nor from documentation nor from copies.     4.5 Sections 69a ff. of the copyright act will remain unaffected for the rest.     5. Copyright, intellectual property       5.1 To all contents of the INCOTEC website applies: Copyright © 2007 INCOTEC Limited Liability Corporation and/or of their suppliers. All rights reserved.     5.2 Notwithstanding the particular provisions in item 4 of these terms of usage, information, brand names and other contents of the INCOTEC website must not without any prior written authorization by INCOTEC be modified, copied, reproduced, sold, rented, used, amended or utilized in any other way.     5.3 Except for the explicitly granted usage rights stated here or any other rights, the user will not be granted any additional rights, no matter of what kind, in particular concerning the company name and to commercial trademark rights, such as patents, registered designs or trade marks, nor has INCOTEC any pertaining duty, to grant such rights.     6. The user’s duties       6.1 While using the INCOTEC website the user must not: Do harm to people, in particular those of minor age, or violate their personal rights; Commit a breach of ethics due to their user behavior; Violate commercial trademark and copyrights or other property rights; Transmit contents containing viruses, Trojans or other programming likely to damage the software; Put in hyperlinks or contents, store or send them if they are not entitled to do so, in particular if these hyperlinks or contents violate their duty to observe secrecy or if those are unlawful; Or spread advertizing or unsolicited e-mails (so-called "spam") or unfounded warnings of viruses, malfunctions and suchlike or ask to participate in gambles, multi-level selling, chain letters, Ponzi schemes and comparable activities. 6.2 INCOTEC may block the access to its INCOTEC website at any time, in particular if the user fails to perform their duties due to these terms.     7. Hyperlinks       The INCOTEC website may contain hyperlinks to websites of third parties. INCOTEC does neither take any responsibility to the contents of these websites nor does INCOTEC adopt these websites and their contents as their own as INCOTEC does not control the linked-to information and is not responsible for the contents and information available there, either. The user may use these at their own risk.     8. Liability for defective titles and defects in quality       We do not vouch for the completeness of the contents. Despite of careful research we cannot take any liability for their contents.       8.1 Provided that information, software or documentation are yielded up free of charge, liability is excluded as for defects in quality and defective titles of information, software and documentation, in particular for their trueness, freedom from defects, exception to intellectual property rights and copyrights of third parties, completeness and/or practicability – except in case of premeditation or guile.     8.2 The information on the INCOTEC website may contain specifications or general descriptions of technical potentials of products which need not be given in each individual case (e.g. due to modifications of a product). The desired performance features of the products are thus, in individual cases, to be agreed upon while purchasing them.     9. Other liabilities, viruses       9.1 The liability of INCOTEC for defects in quality and defective titles is in accordance with the provisions in item 8 of these terms of usage. Apart from that, any liability of INCOTEC is excluded, unless there is an imperative liability, e.g. in accordance with the Product Liability Act, with an intention, by gross negligence, because they harm someone’s life, body or health, because they grant warranted properties, because they fraudulently conceal a hidden fault or because they fail to perform essential contractual duties. The indemnification due to failing to meet one’s essential contractual duties is, however, limited to the predictable damages deemed to be typical to this type of contract unless premeditation or gross negligence have occurred.     9.2 Although INCOTEC tries hard at all times to keep the INCOTEC website virus-free INCOTEC cannot guarantee a complete absence of viruses. Before downloading information, software and documentation, the user will, for their own protection, as well as to prevent viruses from affecting the INCOTEC website, provide appropriate safety guards and a virus scanner.     9.3 A modification of the onus of proof at a disadvantage of the user is not connected to the previous provisions in items 9.1 and 9.2 .     10. Export regulations       10.1 The export of certain kinds of information, software and documentation may – e.g. based on the type or their intended use or their final destination – be subject to an obligation to obtain a permit. The user will adhere rigidly to the respective export regulations, esp. of the EU and of the EU member states respectively as well as the USA, as they relate to information, software and documentation.     11. Data protection       When collecting, using and when processing individual-related data of the user of the INCOTEC website, INCOTEC observes the applicable data-protection regulations as well as the INCOTEC Privacy Policy, which may be inspected via hyperlinks on the INCOTEC website and/or at www.incotec-automation.com.     12. Additional agreements, place of jurisdiction, governing law       12.1 Any collateral agreements must be in writing.     12.2 Place of jurisdiction is, in case the user is a businessperson for the purpose of the German Commercial Code, Bielefeld     12.3 The individual web pages of the INCOTEC website are operated and accounted for by the INCOTEC Limited Liability Corporation and/or their subsidiary companies. The web pages follow the regulations of the respective country which the accountable corporation has its registered office in. INCOTEC does not take on responsibility for the option of retrieving and downloading information, software and/or documentation from the INCOTEC website also at places outside the respective country. When users access the INCOTEC website from outside the respective country they are only responsible on their own for keeping the pertinent regulations within the individual state law. Accessing information, software and/or documentation on the INCOTEC website from countries in which accessing them is unlawful is not permitted. In this case and if the user wants to deal with INCOTEC the user should get in contact with INCOTEC representives in that respective country.     12.4 German law applies excluding the International Sales Law of the UN.