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.
2.1. 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.
3.2. 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.
4.2. 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.
5.1. 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.
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.
7.1. 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.
8.2. 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.
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.