Terms of Use - YAMAICHI ELECTRONICS Deutschland GmbH

1. Scope

1.1. Any use of this web site provided by YAMAICHI ELECTRONICS Deutschland GmbH is subject to these Terms of Use. 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, in accessing or using the YAMAICHI Web Site these Terms of Use are accepted in their then current version.

1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

1.3. If the User uses this YAMAICHI Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

2. Services

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

2.2. YAMAICHI may stop the operation of the YAMAICHI Web Site in full or in part at any time. Due to the nature of the internet and computer systems, YAMAICHI cannot accept any liability for the continuous availability of the YAMAICHI 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 YAMAICHI Web Site is subject to these Terms of Use or, in case of updating information or documentation, subject to the applicable license terms previously agreed to with YAMAICHI. Separately agreed to license terms shall prevail over these Terms of Use.

3.2. YAMAICHI 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 YAMAICHI Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by YAMAICHI in making same available.

3.3. Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the documentation nor shall it disassemble, reverse engineer or decompile the information an documentation or separate any part thereof.

3.4. 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 alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

3.5. §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

4. Intellectual Property

4.1. Notwithstanding the particular provisions in § 3 of these Terms of Use, information, brand names and other contents of the YAMAICHI 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 YAMAICHI.

4.2. 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 YAMAICHI Web Site the User shall not

- 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, 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. YAMAICHI may deny access to the YAMAICHI Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6. Hyperlinks

The YAMAICHI Web Site may contain hyperlinks to the web pages of third parties. YAMAICHI 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 YAMAICHI 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. Insofar 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 willful misconduct or fraud.

7.2. The information on the YAMAICHI 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.

8. Other Liability, Viruses

8.1. The liability of YAMAICHI 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 YAMAICHI is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful 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 is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2. Although YAMAICHI makes every endeavor to keep the YAMAICHI Web Site free from viruses, YAMAICHI 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 YAMAICHI Web Site, YAMAICHI shall comply with applicable laws on data privacy protection and the YAMAICHI Web Site Data Protection Privacy Policy, which is available per hyperlink on the YAMAICHI Web Site and/or on www.yamaichi.de.

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 Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

10.3. The individual pages of the YAMAICHI Web Site are operated and administered by YAMAICHI ELECTRONICS Deutschland GmbH.

The pages comply with the law applicable in the country where the responsible company has its business residence. YAMAICHI ELECTRONICS Deutschland GmbH makes no representation that information or documentation on the YAMAICHI Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access YAMAICHI Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to YAMAICHI Web Site information and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with YAMAICHI, the User should contact the YAMAICHI representative for the particular country for country specific business.

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 Germany, 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.

 

Update 04.05.2012

Contact

YAMAICHI ELECTRONICS
Deutschland GmbH

Concor Park
Bahnhofstraße 20
85609 Aschheim-Dornach

Phone +49 89 45109-0
Fax     +49 89 45109-110> E-mail> Contact form

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