Term and conditions
Terms And Conditions
- These Terms of Use apply to any use of this web site offered by UBC Aktiengesellschaft and/or its affiliates (“UBC”), referred to as the “UBC Web Site.” Other terms and conditions, such as those for the purchase of items and services, may be altered, modified, or replaced by these Terms of Use. These Terms of Use are accepted in its current edition while accessing or using the UBC Web Site, whether or not a log-in is necessary.
- In the event of Web offers intended at businesses or government agencies, the user represents the businesses or agencies, and the user must presume that the user has the necessary information and acts appropriately.
- The German Civil Code 312i para. 1 sentence 1 no. 1 – 3 does not apply if the User uses this UBC Web Site as a business client, that is, for reasons that are not outside of its trade, business, or profession, or as an administrative customer.
- For viewing or downloading, this UBC Web Site provides specialized material and software, as well as – as the case may be – relevant documentation.
- UBC has the right to suspend or terminate the operation of the UBC Web Site in whole or in part at any time. UBC cannot take responsibility for the ongoing availability of the UBC Web Site due to the nature of the internet and computer systems.
- Some pages on the UBC Web Site may require a password to access. Only registered Users may access specified pages in the interest of the safety and security of commercial transactions. UBC has the right to reject any User’s registration. UBC, in particular, retains the right to make formerly freely accessible sites subject to registration. UBC reserves the right, at any time and without explanation, to refuse the User access to the password-protected area by blocking its User Data (as defined below), particularly if the User is a minor.
- utilizes fictitious information in order to register;
- breaches these Terms of Service or fails to fulfill its duty of care with regard to User Data;
- accesses or uses the UBC Web Site in a manner that breaches any applicable laws; or
- did not utilize the UBC website for an extended length of time
- The User must provide correct information at registration and, if such information changes over time, must update such information (to the degree possible: online) without undue delay. The User must guarantee that its e-mail address, as provided to UBC, is up to date at all times and that it may be contacted at such address.
- Upon registration, the User will be given an access code that includes a User ID and a password (“User Data”). When the User first gains access, he or she must immediately change the password provided by UBC to a password known only to the User. The User Data enables the User to access or amend its data, as well as withdraw its consent to data processing, where applicable.
- The User is responsible for ensuring that other parties do not have access to User Data and is liable for any transactions and other activities carried out using its User Data. The User must log off from password-protected websites at the conclusion of each online session. If and to the extent that the User becomes aware that third parties are abusing its User Data, the User should promptly tell UBC in writing or, as the case may be, via e-mail.
- UBC will refuse access to such User Data’s password-protected section. The User will only be able to acquire access again if he or she applies to UBC or registers for a new account.
- The User may request termination of its registration in writing at any time, provided that the deletion does not interfere with the correct fulfilment of contractual agreements. In such a circumstance, UBC will delete all user data and other stored personally identifiable information about the User as soon as these data are no longer required.
- The use of any information, software, or documentation made accessible on or via this UBC Web Site is subject to these Terms of Use or, in the case of updated information, software, or documentation, the appropriate licencing terms previously agreed upon with UBC. Separately agreed-upon licence conditions, such as software downloads, will take precedence over these Terms of Use.
- UBC grants the User a non-exclusive and non-transferable licence, which may not be sublicensed, to use the information, software, and documentation made available to the User on or through the UBC Web Site to the extent agreed, or, in the absence of such agreement, to the extent of the purpose intended by UBC in making same available.
- Object code software must be made available at no cost. There shall be no right to make the source code available. This does not apply to source code connected to open source software, where the licencing terms take precedence over these Terms of Use in the case of open source software transfer and the source code is required. In such a circumstance, UBC must make the source code available in exchange for payment of charges.
- The User may not distribute, rent, or otherwise make accessible any information, software, or documentation to any third party at any time. Unless required by law, the User may not alter the programme or documentation, nor may he disassemble, reverse engineer, or decompile the software or separate any component of it. The User may create one backup copy of the programme as needed to ensure continued usage in line with these Terms of Use.
- The material, software, and documentation are protected by copyright laws, international copyright treaties, and other intellectual property laws and agreements. The User agrees to follow such laws and, in particular, agrees not to change, hide, or delete any alphanumeric code, markings, or copyright notices from the information, software, or documentation, or any copies thereof.
- Except for the rights of use and other rights specifically provided herein, no further rights are granted to the User, and no obligation to grant additional rights is implied. All patent rights and licences are explicitly prohibited.
- UBC may utilise any ideas or proposals stored by a User on the Siemens Web Sites for the creation, enhancement, and marketing of its products without charge.
- UBC reserves the right to refuse access to the UBC Web Site at any time, particularly if the User violates any duty resulting from these Terms of Use.
- The UBC Web Site may contain linkages to third-party web pages. UBC accepts no liability for the contents of such online pages and makes no statements about or endorses such web pages or their contents as its own, since UBC does not control the information on such web pages and is not responsible for the contents and information provided on them. The use of such web sites is entirely at the responsibility of the User.
- Except in cases of willful misconduct or fraud, any liability for defects in the quality or title of the information, software, or 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, is excluded.
- The content on the UBC Web Site may include specifications or broad descriptions of the technical capabilities of certain goods that are not always available (e.g. due to product changes). As a result, the needed performance of the product must be mutually agreed upon in each case at the time of purchase.
- Although UBC takes every effort to keep the UBC Web Site virus-free, UBC cannot guarantee that it is virus-free. For its own safety, the User must take the required efforts to guarantee suitable security measures and must use a virus scanner before downloading any information, software, or documentation.
- If the User transfers UBC-provided information, software, and documentation to a third party, the User must comply with all relevant national and international (re-) export control requirements. In the case of such a transfer, the User agrees to abide by the (re-) export control legislation of the Federal Republic of Germany, the European Union, and the United States of America.
- If required to allow authorities or UBC to conduct export control checks, the User shall promptly provide UBC with all information pertaining to the specific end-user, the specific destination, and the specific intended use of information, software, and documentation provided by UBC, as well as any existing export control restrictions.
- The User shall indemnify and hold UBC harmless from and against any claim, proceeding, action, fine, loss, cost, and damages arising out of or relating to the User’s noncompliance with export control regulations, and the User shall compensate UBC for all losses and expenses resulting therefrom, unless such noncompliance was not caused by the User’s fault. This clause does not indicate a shift in the burden of evidence.
- The responsibility of UBC to complete an agreement is subject to the condition that the completion is not hampered by any barriers originating from national and international foreign trade and customs restrictions, embargos, or other sanctions.
- UBC Aktiengesellschaft and/or its affiliates run and manage the different pages of the UBC Web Site. The pages adhere to the laws of the nation in which the responsible firm conducts business. UBC makes no guarantee that the material, software, and/or documentation on the UBC Web Site is appropriate or available for viewing or downloading in areas other than the United States. If Users use the UBC Web Site from a country other than their own, they are solely responsible for adhering to all relevant local laws.
- Access to the UBC Web Site’s material, software, and/or documentation is forbidden from countries where such content is illegal. In this scenario, and in any other case where the User wishes to do business with UBC, the User should contact the UBC agent for the respective nation for country specific business.
- To the exclusion of its conflict of laws provisions, these Terms of Use shall be governed by – and all issues pertaining to or in connection with these Terms of Use or its subject matter shall be handled in accordance with – the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is not applicable.