Terms of use

Terms of use for

We are glad, that you have found your way onto our Internet portal http://www.fujitsu-siemens.com (hereafter referred to as: “FSC Web Site”). We hope, that you will profit from what we have to offer and that you will find many suggestions for shaping your private or professional IT-environment. Please take a little time to read the following thoroughly. If you like, you can save or print this text via mouse-click.

1. General Any and all use of the FSC Web Site, is subject to these Terms of Use. FSC reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. Upon logging-in, or where a log-in is not required, on accessing or using the Web Site, you are accepting these Terms of Use in their current version as basis for the use of this Web Site. Any use all use of the FSC Web Site is at your own risk.

2. Accessibility of FSC Web Site User acknowledges that FSC expressly excludes any liability for the continuous availability of the Web Site. FSC additionally reserves the right to fully or partly stop operating and/or providing this Web Site or limit the access to it at any time and without further notice.

3. Use of the FSC Web Site and the Contents and Information provided All information made public by FSC will be provided for the user – unless stated otherwise – free of charge. Every user may use and document the offered information for his/her own personal needs. Any other use of the information, especially any type of replication, alteration, or integration in any type of publishing or advertisement of any type is only permitted with prior consent of FSC or the particular owner of the information. FSC specifically draws attention to the fact that contents and information can be subject to protective rights; any such protective rights (esp. names and trademarks) shall remain property of FSC at all times.

Contents are not intended for use outside Europe. All information has been gathered and checked by FSC with the greatest care and is supplied by FSC to its best knowledge and belief. As far as the infor-mation originates from a third party, it has been adopted without any alteration. Every user is responsible to check whether the information provided is correct, complete, and/or up to date. FSC’s liability for any damages due to incorrectness, incompleteness, or missing actuality of the information supplied as well as any liability for damages resulting out of any possible misinterpretation of the supplied information by the user, shall be limited to gross negligence or intentional behaviour of FSC.

In addition, while accessing and or using the FSC Web Site the User shall ensure not to engage in any of the following activities:

– breach public morality in its manner of use;
– violate any intellectual property right or any other proprietary right;
– upload 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 unlawful; or
– distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, de-fects or similar material and the User shall not solicit or request the participation in any lottery, snow-ball system, chain letter, pyramid game or similar activity

Furthermore, FSC shall not be liable for any damages, which result from any misconduct of the user with the information supplied.

4. Links / Contents and Information of Third Parties The FSC Web Site may contain Links and references to the web pages of third parties. FSC shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as FSC does not have control over the information or contents on such web pages. Neither shall FSC be liable for the quality, correctness, or completeness of any third party information expressly provided on the FSC Web site as third Party information, including any information supplied by any of the sales partners.

5. Software Download If Software should offered for download by FSC, any and all use of such Software shall be subject to the relevant license conditions of the legitimate supplier or the particular manufacturer (license agreement). These terms will be transferred together with the software and/or are obtainable from the manufac-turer/legitimate supplier of the Software. In general User will not be able to install such Software, before or without accepting the relevant licensing terms and conditions provided.

Software offered for download will in general be exclusively intended for private use or testing purposes only. Any other use may and will be pursued according to criminal and civil law. Mandatory user rights shall remain unaffected within the particular scope of law as applicable a respective territory.

FSC is not liable for damages, which result directly or indirectly from using downloaded data file.

6. Important Notice on Computer Viruses Although FSC makes every endeavor to keep the FSC Web Site free from viruses, FSC cannot provide any warranty or guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

7. Rules on Password Use and Responsibilities It is within the User’s sole responsibility to secure any passwords and avoid any misconduct as regards the use of such passwords that he might have received for the use of the Web Site. In case the user should discover that his password has unintentionally been made accessible to any unauthorized and/or third party or that there might exist any danger of misuse, User shall immediately inform FSC. FSC shall then take measures to block the respective password. Notwithstanding the above however, FSC shall not be liable in contract, tort or under any legal theory that might considered to be applicable, for any damages resulting from the any abuse of any Personal Passwords, unless such abuse was caused through the intentional or gross negligent behavior of an FSC employee or a third party acting on behalf of FSC. In addition FSC reserves the right, at any time and without having to indicate any specific rea-sons, to cancel or limit the User’s right to access the password-protected area by blocking its User Data.

8. Limitation of Liability FSC shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations, or loss of data unless such liability should be mandatory at law. As far as the liability can be excluded or limited according to law, but has not yet been excluded or limited elsewhere within these terms, it is limited to € 10.000,- per damaging incident, up to an aggregate maximum sum of € 50.000,-.

9. Jurisdiction / Applicable Law The FSC Web Site is operated and administered only in and for countries in which FSC has a business residence. FSC makes no representation that information, software and/or documentation on the FSC Web Site are appropriate or available for viewing or downloading at locations in other countries world-wide. If Users access the FSC Web Site from other countries, they are themselves exclusively responsi-ble for compliance with all local laws. Access to the FSC Web Site’s information, software and/or docu-mentation from countries, where such content is unlawful is expressly prohibited.

These Terms of Use shall be governed by the laws of Germany. As far as a place of jurisdiction may be agreed between the parties the place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Germany.