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Legal restrictions

Internet disclaimer and statement

Please read this access agreement before accessing the SCOUT Web Site. This agreement governs your access to and use of the Web Site. Entering the site indicates the USER's acceptance of this agreement, and you agree to be bound by this.

 

1. Scope: 

1.1 Any use of this Web Site provided by SCOUT and/or its affiliates ("SCOUT", "SCOUT-MACHINES"), "SCOUT Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and condition. In accessing or using the SCOUT-MACHINES Web Site these Terms of Use are accepted in their then current version.

2. Services:

2.1 This SCOUT Web Site contains specific information, as well as - as the case may be - related documentation, for viewing or downloading.

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

3. Rights of Use to Information and Documentation:

3.1 The use of any information and documentation made available on or via this SCOUT Web Site is subject to these Terms of Use.

3.2 SCOUT grants USER a non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available to the USER on or via the SCOUT Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by SCOUT in making same available.

3.3 The information and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The USER shall observe such laws and in particular shall not modify, conceal or remove any part, marks or copyright notices neither from the information nor documentation, or any copies there of.

4. Intellectual Property, Trademarks, Brand Names and Copyright:

4.1 All rights in the intellectual property contained in this Web Site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web Site does not constitute a right to copy or use any of the intellectual property of SCOUT.

4.2 Notwithstanding the particular provisions in 3 of these Terms of Use, information, brand names and other contents of the SCOUT Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of SCOUT.

4.3 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the USER nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5. Duties of the USER:

5.1 In accessing or using the SCOUT Web Site the USER shall not:

          o harm other persons, in particular minors, or infringe their personal rights,
          o breach public morality in its manner of use; violate any intellectual property right or any other proprietary right,
          o upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data,
          o 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,
          o distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate 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 activity.

5.2 SCOUT may deny access to the SCOUT Web Site at any time, in particular if the USER breaches any obligation arising from these Terms of Use.

6. Hyperlinks:

The SCOUT Web Site may contain hyperlinks to the web pages of third parties. SCOUT 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 SCOUT does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the USER.

7.Liability for defects of title or quality:

7.1 As far as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information 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.

7.2 The information on the SCOUT Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

7.3 All data and calculations (incl. drawings) itemized on this Web Site are based upon the principles, formulas and safety factors set out in the SCOUT technical instructions, the operating and installation manuals . Any values therein are based on the respective average values obtained during the product testing phases. Because of variations in materials, on-site testing must be performed to determine performance at any specific site. Any modification of this data or calculations (incl. drawings) by the USER, could result in an application not meeting the safety provisions given by SCOUT or by law. Therefore, the USER agrees to indemnify and hold SCOUT harmless from all claims relating to applications based on such modifications.

7.4 The Web Site has been designed in such a way so as to give a specific type of result from the data which has been entered. It remains the responsibility of the USER responsible for the project to check these results before use.

7.5 All information provided on this Web Site are only aids without any guarantee to be faultless or for accuracy of the calculation in a specific application. SCOUT cannot accept any liability for direct, indirect, incidental or consequential damages, losses and or expenses in connection with, or by reason of, the use of, or inability to use any information provided on this Web Site for any purpose.

8. Other Liability, Viruses:

8.1 The liability of SCOUT for defects in relation to quality and title shall be determined in accordance with the provisions of 7 of these Terms of Use. Any further liability of SCOUT is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet 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 are limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.

8.2 Although SCOUT makes every endeavour to keep the SCOUT Web Site free from viruses, SCOUT cannot make any 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.

8.3 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the USER's disadvantage.

9. Data Privacy Protection:

For collection, use and processing of personally identifiable data of the USER of the SCOUT Web Site, SCOUT shall comply with applicable laws on data privacy protection and the SCOUT Web Site Data Protection Privacy Policy, which is available per hyperlink on the SCOUT Web Site.

10. Supplementary Agreements, Place of Jurisdiction, Applicable Law :

10.1 Any supplementary agreement requires the written form.

10.2 The place of jurisdiction shall be Brasov/Romania if the USER is a merchant in terms of the Commercial Code.

10.3 The individual pages of the SCOUT Web Site are operated and administered by SCOUT and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. SCOUT makes no representation that information and documentation on the SCOUT Web Site are appropriate or available for viewing or downloading at locations outside such country. If USERS access SCOUT Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to SCOUT Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited.

10.4 These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Romania, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

 

Release: March 2008