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Terms of Use

Johannes Hübner - Fabrik elektrischer Maschinen GmbH – Terms of Use and Terms of Download

Preamble:
Please read the following Terms of Use and Terms of Download before using the World Wide Web sites operated by Johannes Hübner Fabrik elektrischer Maschinen GmbH (referred to hereinafter as Hübner GmbH). The following conditions describe the terms under which you may use the websites operated by Hübner GmbH.

If you do not wish to agree to these conditions, do not use these websites.

Please note we may alter the Terms of Use and Terms of Download at any time without notice and that the respective most current version applies. For that reason, we recommend you always read our Terms of Use before accessing this website.

We are available to answer any questions.

§ 1 [Acceptance of Terms of Use and Terms of Download by the user]

  1. You declare that you have read, understood and accept in full the most current version of the Terms of Use and Terms of Download.
  2. If in the following only the Terms of Use or Terms of Download or even only conditions are spoken of, then this is done solely for the purpose of greater linguistic clarity and understanding, and shall be understood at all times to mean all Terms of Use and all Terms of Download without any restrictions.
  3. The terms websites, Internet sites or World Wide Web sites (WWW sites) shall include at all times and without restriction, and in particular, all pages, content, data and software as well as all usage and downloading options.
  4. You hereby declare to use the Hübner GmbH website solely for lawful purposes and exclusively in accordance with applicable law and these Terms of Use and Terms of Download.
  5. If you no longer agree at any time to be bound by these Terms of Use, do not use our websites. If you have previously used our WWW sites, you shall remain bound by our conditions.
  6. Hübner GmbH hereby expressly rejects any conditions asserted by you that are in addition to or contradict any Terms of Use published here and shall as such be invalid.
  7. In the event any provisions are deemed vague or uncertain they shall be supplemented and interpreted with the objective of fulfilling the expected interests of Hübner GmbH.

§ 2 [Changes to the Terms of Use]

  1. The respective most current version of the Terms of Use and Terms of Download shall apply.
  2. Hübner GmbH shall be entitled to change these Terms of Use and Terms of Download at any time without prior notification.
  3. We shall be under no obligation to highlight or specifically identify changes to our Terms of Use and/or Terms of Download in any particular manner. In particular there shall be no obligation to notify changes nor do transitional periods apply.
  4. Hübner GmbH in particular reserves all rights to introduce user ID at any time and without notice for the purpose of enabling access to the website solely by means of a password.

§ 3 [Intellectual property]

  1. The contents of the World Wide Web sites of Hübner GmbH are protected under law. We reserve all rights not expressly granted.
  2. It is not permitted under any circumstances to use the Internet sites, the information and data contained therein in a country in which there are no recognized intellectual property rights comparable with German law. In particular, it is not permitted to download software or other content in such countries.
  3. It is only permitted to use the WWW sites in a non-German speaking country or region where the Terms of Use and Terms of Download are understood and accepted by the respective user or operator.
  4. We would like to point out that all products, processes, research results and technologies described on these Websites may be subject to copyright or industrial property rights owned by Hübner GmbH and that no licence or consent is granted in these Terms of Use. This includes in particular, but is not limited to, any kind of information, spoken information, reported experiences, sounds, scientific or technical descriptions such as drawings, sketches or tables, images, photographs of works halls or systems, video sequences and computer programs.
  5. In those cases where the contents of these websites provided by Hübner GmbH are protected by copyright or industrial property rights owned by third parties Hübner GmbH has exercised due diligence in ascertaining it is entitled to publish the information. You hereby agree to observe and adhere to all property rights belonging to third parties.

§ 4 [Right to use]

  1. Hübner GmbH grants you permission to use its published WWW sites free of charge and without obligation for your personal use. You are entitled to download, store, display and print out web pages subject to the condition that the document is to be used purely for informational and non-commercial purposes, and that if the information is used express reference is made to Hübner GmbH.
  2. Under these Terms of Use you are entitle to install, store and use the software and WWW sites operated by Hübner GmbH on a single computer. You may make a single backup copy provided it is not installed or used on a further computer.
  3. Information contained in press releases and other documents for public dissemination may be used on condition the source of the information is acknowledged.

§ 5 [Limitations of use, user's obligations]

  1. It is not permitted to use this website for any purpose other than stated in these conditions. In particular you are not allowed to reproduce, republish, pass on, display in public, edit, modify, misrepresent, link, translate or transfer any content, in whole or in part, in any form whatsoever, unless Hübner GmbH has given its prior permission in writing.
  2. The content of our World Wide Web sites must not be used for illegal purposes or in any other way that contravenes statutory regulations or violates our Terms of Use.
  3. You may use the information contained in the websites solely for non-commercial purposes.
  4. It is not allowed to use these websites or the information and software provided to improve the quality of software, data or information without the prior consent of Hübner GmbH.
  5. You hereby declare that you will not in any way use any information obtained to compete with the business activities of Hübner GmbH and commercially or in any other manner to compete with natural or legal persons associated with the company. The information constitutes valuable intellectual property belonging to Hübner GmbH or the aforementioned persons.
  6. Any company or product names mentioned may refer in particular to registered brands or trademarks. Any unauthorized use may result in an action for injunction or damages.
  7. You hereby agree to protect all rights of Hübner GmbH and any persons associated with Hübner GmbH and to comply upon notification, and to the fullest extent possible, with any subsequently specified limitations of use.
  8. You hereby agree that you will notify Hübner GmbH as soon as you become aware of any violation these Terms of Use or statutory regulations by a third-party.
  9. It is expressly forbidden to copy or reproduce any software made available and all information above and beyond the conditions described in § 4.
  10. Any use above and beyond the permitted field of application and range of use requires the express prior written permission of Hübner GmbH.

§ 6 [Data security, limitation of liability and disclaimer]

  1. Hübner GmbH makes no representations or guarantees, either express or implied, of any kind. In particular, Hübner GmbH expressly disclaims any and all guarantees that the information and views are complete, reliable and correct, such as those in respect of, but not limited to, marketability, state of the art, availability, accuracy, suitability for a given purpose or the infringement of property rights belonging to third-parties.
  2. Hübner GmbH thoroughly checks for viruses all information provided on its WWW sites as well as data and software for downloading. Nevertheless, it is strongly recommended that all data or software are checked for viruses using the latest anti-virus software.
  3. Hübner GmbH gives no guarantee whatsoever that its WWW sites or the data and software are free of errors or free of computer viruses, worms or so-called "Trojan horses". Hübner GmbH accepts no liability for any damage resulting from any of the above or other harmful components.
  4. We give no guarantee with respect to the compatibility of the downloaded software and data with your computer system, network and peripheral devices or with any other previously installed software or software to be installed in the future. In particular, we do not give any guarantee downloads are free of errors or complete, nor do we accept any liability for system crashes or failures, any loss or non-availability of data, loss of use or loss of profit. That also applies if we have recommended the system, software or made any other recommendations. In addition, we would like to point out that independent of these Terms of Use there may be further conditions or agreements integrated in or enclosed with the downloaded software that you must accept in full before using the software.
  5. Hübner GmbH gives no guarantee whatsoever that the websites function without interruption or error-free. Hübner Giessen does not make any guarantee whatsoever that certain results will be achieved, nor shall it be liable for deficiencies in title, lack of options to use, interruptions or availability nor shall it be liable for any loss of profits, direct or consequential, incidental or special damage or consequential damage.
  6. The information provided can contain technical, descriptive or other inaccuracies or errors. Changes are carried out and integrated in the Websites in periodical, irregular intervals at times not determined in advance. That also applies when Hübner GmbH is made aware of any potential faults or problems.
  7. The Internet pages operated by Hübner GmbH are normally available 24 hours a day. However, there is no legal entitlement to use or gain access to our websites. Access to the websites operated by Hübner GmbH can be temporarily suspended in particular due to maintenance work, without entitling the user any right to claim for which we are liable.
  8. Hübner GmbH reserves all rights to edit, change, block or delete any and all information and advice available on the websites at any time and without prior notice.

§ 7 [Indemnity]

  1. You agree to indemnify and hold harmless Hübner GmbH, its employees, representatives, business partners and other third parties from any claims resulting from unauthorized use of these WWW sites, the information contained therein, data, downloaded software or in any other respect in relation to any such unauthorized use.
  2. You hereby agree to indemnify and hold harmless Hübner GmbH and to pay for any damage, costs and expenses of any kind arising from your unauthorised use.

§ 8 [Liability of Hübner GmbH]

limitations of liability shall not apply in the event of intentional or gross negligent behaviour by an agent, employee or vicarious agent of Hübner GmbH. Liability for consequential damage, in particular loss of profit, shall be limited in cases of intentional or grossly negligent conduct to typical foreseeable damage.

§ 9 [Confidentiality, transmission and further use of information]

  1. The internet is not a secure system. In particular it is not possible to guarantee that commercial information or personal data transmitted to us or by us is protected from access by unauthorized third parties.
  2. You hereby agree to allow us to use your personal, economic or other data within the scope of data protection and further statutory regulations. You are entitled to object to the use of your data.
  3. Hübner GmbH hereby declares it shall only use the information or data made available to it solely within its business operations. Hübner GmbH will not pass on your data to third-parties for advertising purposes. We store your data only for as long as required for our purposes and it is allowed under the provisions of data protection legislation. The data is then deleted.
  4. If you communicate with Hübner GmbH via email or the World Wide Web, you hereby declare that you are fully entitled to transmit the material, that the material contains no illegal content or material that infringes the rights of third-parties; further, you shall check the material before sending it to us with the greatest possible care in particular for infectious, blocking and destructive viruses and that you shall clean the material prior to sending it to us to ensure it is free of any such infectious, blocking and destructive viruses.
  5. You hereby agree that Hübner GmbH is entitled to exploit and publish material, transmitted to it for an unspecified purpose, free of charge and without restriction for commercial and non-commercial purposes, and in particular you agree Hübner GmbH is entitled to publish, copy, forward, change and destroy such data or information.
  6. Under no circumstances shall Hübner GmbH be obliged to react to unsolicited emails or other forms of contact and shall; in particular, Hübner GmbH shall not be obliged to store, return or send, process, forward or publish any such transmitted or received information.

§ 10 [Software licences]

In addition to these Terms of Use downloaded software is subject to the respective licence agreements. These are enclosed with or contained in the software. You are obliged to agree to the respective conditions before using the software.

§ 11 [Links]

  1. The websites operated by Hübner GmbH can contain links to other websites. If you click on certain links it is possible that you will leave the websites operated by Hübner GmbH. You must read and accept the Terms of Use of such websites before you use them.
  2. Hübner GmbH places the links for user convenience only. The fact that we include links to other websites does not mean we approve of, endorse or recommend their content. Hübner GmbH has not checked the content of websites operated by other others not does it have any control over these pages; Hübner GmbH does not embrace nor does it accept any liability for their contents or, if applicable, for products, services or other material or information offered on such sites. The provision of links to other operators or websites does not mean, express or imply a relationship is created between the operators.
  3. Hübner GmbH reserves the absolute right to place or remove links at any time without prior notification; in particular, it reserves the right to decide whether to place the links elsewhere, place them in any random order and to temporarily or permanently block or delete the links as it sees fit.
  4. No guarantee is given that the links are activated, accessible, up-to-date or free of errors.

§ 12 [Applicable law, court of jurisdiction]

  1. The Terms of Use of Johannes Hübner Fabrik elektrischer Maschinen GmbH are subject to German law. Foreign or international law shall not apply. That also applies when pages are accessed and used as well as when information or software is downloaded from outside the Federal Republic of Germany
  2. Where permissible, Giessen shall be the exclusive place of jurisdiction for any disputes arising from these Terms for Use.

§ 13 [Headings]

We choose headings solely for reasons of clarity. They are of no legal significance.

§ 14 [Severability clause]

If for any reason one or more of the aforementioned provisions is held to be legally invalid or unenforceable, these provisions will be enforced as far as permitted and do not affect the other Terms of Use and Terms of Download. They shall remain valid and enforceable in accordance with their provisions. The invalid provision(s) shall be replaced by provision(s) that come closest in meaning and purpose.