Terms of Use

1. Scope

1.1 Using the websites provided by HASEC-Elektronik GmbH is solely permissible based on these terms. In individual cases, these terms of use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services.  With log-in, or where a log-in is not required, by starting the use of the HASEC website, these terms of use are accepted in their then current version.

Should the user, while using the HASEC website, act as business customer, meaning that he is not acting for purposes which are outside their trade, business or profession, or that he acts as administration customer, § 312e 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.

 

2. Services

2.1 On the website HASEC offers specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.

2.2 HASEC may stop the operation of the HASEC website in full or in part at any time.  Due to the nature of the internet and computer systems, HASEC cannot accept any liability for the continuous availability of the HASEC website.

 

3. Registration, Password

Some pages of the HASEC website may be password protected. In the interest of safety and security of business transactions, only registered users may access said pages.   HASEC reserves the right to deny registration to any user.  HASEC particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration.  HASEC is entitled, at any given time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking the user data, in particular if the user adopts a false identity for the registration; violates these terms of use or neglects the duty of care with regard to user data; or did not use the HASEC website for a longer period of time.

3.2 For registration the user shall give accurate information and, where such information changes over time, shall inform HASEC thereof (to the extent possible: online) without undue delay. The user shall ensure, that the e-mail address, as supplied to HASEC, will be current and an address at which the user can be contacted.

3.3 Upon registration the user will be provided with a user ID and a password („User Data“).  On first access the user shall change the password received from HASEC into a password known only to the user.  The user data allow the user to view or change his data or, as the case may be, to withdraw or expand his consent to data processing.

3.4 The user shall ensure that the user data will not be accessible to third parties and is liable for all transactions and other activities carried out under his user data.  At the end of each online session, the user shall log-off from the password protected websites.  If and to the extent the user becomes aware that third parties are misusing its user data the user shall inform HASEC thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, HASEC shall block any access to the password-protected area under such user data.  Access will only be possible again upon the user’s application to HASEC or upon new registration.

3.6 The user may at any time demand the deletion of his registration in writing, provided that the deletion will not violate the proper performance of contractual relationships.  In such event HASEC will delete all user data and other stored personal data of the user as soon as these data are not needed anymore.

 

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation provided on the HASEC website is subject to these terms of use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with HASEC.  Separately agreed to license terms shall prevail over these terms of use.

4.2 HASEC grants the user a non-exclusive and non-transferable right to use the information, the software and documentation made available to the user on the HASEC website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by HASEC in making the same available.

4.3 Software shall be made available at no expense in machine-readable form.  There shall be no right for the source code to be made available.  This shall not apply to source codes of open source software, where license conditions take priority over these terms of use in the case of transfer of open source software and where conditions require the making available of the source codes.  In such case HASEC shall make the source code available in return for the payment of costs.

4.4 Information, software or documentation may not be distributed, rented or made available in any other way by the user to any third party at any time.  Unless such is allowed by mandatory law, the user shall not modify, disassemble or reverse engineer the software or its documentation, or separate any part thereof.  The user may make one backup copy of the software where necessary to secure further use.

4.5 The information, software and documentation are protected by copyright laws as well as international copy-right treaties as well as other laws and agreements related to intellectual property.  The user shall observe such laws and shall not remove alphanumeric codes, marks and copyright notices from the information or from the software or documentation.

4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

 

5. Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the HASEC website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of HASEC.

5.2 Except for the rights of use and other rights expressly granted herein, no further rights shall be granted to the user nor shall any duty for HASEC be implied to grant rights to, such as, but not limited to, company’s name or to intellectual property rights such as patents, brands or utility models.
 

6. Duties of the User

6.1 While using the HASEC website the tser shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in manner of use; violate any intellectual property right or any other proprietary right; transmit any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or distribute advertising or unsolicited e-mails (so-called „spam“) or incorrect warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.

6.2 HASEC may deny access to the HASEC website at any time, in particular if the user breaches any obligation arising from these terms of use.

 

7. Hyperlinks

The HASEC website may contain hyperlinks to websites of third parties.  HASEC accepts no liability for the contents of such websites and does not make representations about or endorse such websites or their contents as its own, as HASEC does not control the information on such websites and is not responsible for the contents and information given there.  The use of such websites shall be at the sole risk of the user.

 

8. Liability for Defects of Title and Quality

8.1 Should any information, software or documentation be made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/ or fitness for purpose are excluded except for cases involving wilful misconduct or fraud as well as personal injury or death.

8.2 The information may contain general descriptions of technical possibilities of individual products which may not be available in specific cases (e.g. due to product changes).  The desired performance characteristics of the products shall therefore be mutually agreed in each case at the time of purchase.

 

9. Other Liability, Viruses

9.1 HASEC’s liability for defects of quality and title shall be determined in accordance with the provisions of § 8 of these conditions.  Any further liability of HASEC is excluded unless required by law, e.g. in cases of wilful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations.  The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage given that there is no wilful misconduct or gross negligence.

9.2 Although HASEC is always endeavoured to keep the HASEC website free from viruses, HASEC cannot make any guarantee that it is virus-free. For his own protection, the user shall take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation on the HASEC website.

9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.

 

10. Export Controls

10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization.  The user shall strictly adhere to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA.  HASEC shall label information, software and documentation in relation to German, EU and U.S. export control lists.

10.2 In particular, the user shall check and verify that the information, software and documentation provided shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use; no company or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.;
no company or person listed in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission;
and the early warning advice notices of the respective German authorities shall be observed. Access to software, documentation and information on the HASEC website shall only take place if such conforms with the above tests and guarantees. Where the user does not comply with this, HASEC shall not be obliged to perform.

 

11. Data Protection

For collection, use and processing of personal data of HASEC’s website’s user HASEC shall comply with applicable laws on data protection. For further information regarding this please check the header „Data Protection“

 

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 Any supplementary agreements require the written form.

12.2 The place of jurisdiction shall be Mühlhausen if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

12.3 HASEC shall not be held responsible that information, software and/ or documentation on the HASEC website are available for viewing or downloading at locations outside of Germany.  If users access the HASEC website from outside of Germany, they are exclusively responsible for compliance with all local laws.  Access to HASEC’s website’s information, software and/or documentation from countries where such content is illegal is prohibited.  These terms of use shall be governed by German laws and regulations, to the exclusion of the UN Sales Law (United Nations Convention on Contracts for the International Sales of Goods (CISG)).

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