Terms of use

(Updated on 17/05/2018)

I. Subject of the agreement, amendments

Section 1 Subject of Use, General Terms of Sale

(1) Heidelberg Engineering GmbH, Max-Jarecki-Strasse 8, 69115 Heidelberg (the “Service Provider”) shall make available a Website (the “Website”) on www.HeidelbergEngineering.com via which users may request content available on the website, and use the other services currently available, as available.

(2) These Terms of Use govern the provision of the services by the Service Provider and the use of such services by you as a user.

(3) Information about the Service Provider is available at: Publisher

(4) Insofar as the Service Provider offers the member services against payment via the website, the Service Provider’s General Terms of Sale (GTS) will also apply as a supplement to these Terms of Use. The General Terms of Sale are available on the Internet at Terms and Conditions.

Section 2 Amendments to the Terms of Use

The Service Provider reserves the right to amend these Terms of Use at any time with effect also for existing contractual arrangements. The Service Provider will inform you of such amendments at least 30 calendar days before the amendments are due to take effect. As long as you do not object within 30 days of the receipt of the notice and continue to use the services after the expiration of the cancellation period, the amendments shall be considered as agreed to from the time the 30-day period expires. If you object to this the contract will continue on its existing terms. In the amendment notice the Service Provider shall make reference to your right to object and to the consequences.

II. Use data

Section 3 Right to enroll

(1) Use of some services available on the website is conditional upon your having enrolled as a member.

(2) You are only permitted to enroll if you are over 18 and have the full legal competence of an entrepreneur (Section 14 German Civil Code), or you represent a legal person under public law or a public law fund. Persons under 18 are not permitted to enroll. You are also not permitted to enroll for a purpose that cannot be attributed to your business or to your freelance operations. In the case of a legal person, enrollment must be by a natural person with full legal competence and authority to represent that legal person.

III. Services and content on the website

Section 4 Range and availability of services

(1) On the website the Service Provider provides you with different information and other services for temporary use. Such services may e.g. make available data, documents, articles, photographic records and audio recordings, information, software and other content (together “Content”).

  • The content and scope of these services will depend on the specific contractual arrangements and on the respective current functionality otherwise available on the portal.
  • The services made available on the website are free of charge unless otherwise specified.

(2) The services available on the website may include services of third parties to which the Service Provider simply provides access. In order to use such services, which are in each case marked as third-party services, regulations may apply which differ from or supplement these Terms of Use, of which the Service Provider will make you aware in each case.

(3) A right to use of the services available on the website only exists within the framework of the Service Provider’s technical and operational capacity. The Service Provider will attempt to ensure its services may be used as far as possible free of interruption. However, temporary restrictions or interruptions may occur as a result of technical faults (such as e.g. power cuts, hardware and software errors, and technical problems with data lines).

Section 5 Alterations to services

The Service Provider is entitled at any time to make changes to the services offered free-of-charge on the portal, to make new services available free of or subject to a charge, and to cease to provide free-of-charge services. In so doing the Service Provider will consider your legitimate interests.

Section 6 Protection of content, responsibility for third party content

(1) The content available on the website is largely protected by copyright or other property rights and is in each case the property of the Service Provider, or other third parties who made the relevant content available. The compilation of the content as such is, where relevant, protected as a data bank or data base under Sections 4 (2) and 87a (1) of the German Copyright Act. You may only use this content in line with the Terms of Use and within the context prescribed by the website.

(2) The content available on the website is sourced partly from the Service Provider or other third parties. The content of other third parties is together referred to further as “third party content”. The Service Provider does not check third party content for completeness, accuracy, or legality and therefore accepts no liability for and does not guarantee the completeness, accuracy, legality or up-to-dateness of third party content. This also applies in relation to the quality of the third party content and its suitability for a specific purpose and also to the extent this relates to third party content on externally linked websites.
All content on the website is third party content other than content marked with the Service Provider’s copyright notice.

IV. Use of the services on the website by you

Section 7 Extent of permitted use, monitoring user activity

(1) Your user right is restricted to the use of the services available on the website respectively within the provisions of these Terms of Use.

(2) You are personally responsible for meeting the technical requirements necessary to use the services under the terms of the contract. The Service Provider is not obliged to give you any advice in this regard.

(3) The Service Provider advises you that your user activity may be monitored to the extent permitted by law. This includes, where relevant, the recording of IP data as well as their analysis where there is a specific suspicion of an infringement of these Terms of Use and/or specific suspicion that some other illegal action or offense has been committed.

Section 8 Use of updates and support

To the extent available as a function on the website you may use updates for the operating software (“Software”) of specific technical products (“Hardware”) of the Service Provider on the following terms and conditions:

(1) The Service Provider grants you a simple, non-exclusive, open-ended right,

  • to copy the software for temporary installation on a computer and/or a storage medium owned by you;
  • to install the software from the storage medium onto connected hardware owned by you.

(2) Unless otherwise agreed, you are not permitted to make copies of the software or to distribute it to others, and the software may also not be transferred from one computer to another via a network. The software contains business secrets and for its protection may not be decompiled or disassembled, analyzed by way of reverse engineering or otherwise transformed into a version that is humanly comprehensible unless this is legally permitted. This is without prejudice to Sections 69d and 69e of the German Copyright Law. You are not permitted to alter or remove copyright marks, trademark information or other proprietary notices contained in the software. The software may not be assigned or otherwise released either wholly or in part, modified, adapted, translated, rented out, leased, lent, resold, divided, distributed within a network or used for the creation of derived products or to bring about the creation of such works. Only a transfer of the hardware together with the software installed on it is permitted.

Section 9 Right of use to content available on the Website

(1) Unless a more extensive use is expressly permitted in these Terms of Use or facilitated on the website through a corresponding function (e.g. the download button),

  • you may access online and display the content available on the website solely for personal purposes. This right of use is restricted to the time you are a contractual user of the website;
  • you are prohibited from processing, amending, translating, showing or presenting, publishing, displaying, reproducing or disseminating the content available on the portal either wholly or in part. It is also not permitted to remove or alter copyright marks, logos and other marks or proprietary notices.

(2) You are only permitted to download or print out content where there is a download or print option available as a function on the website (e.g. by way of a download or print button).
You receive in each case an open-ended and non-exclusive right to the content properly downloaded or printed out by you for the use of your own, non-commercial purposes.

(3) This is without prejudice to your mandatory legal rights (including reproduction for private and other use by you under Section 53 of the German Copyright Law).

Section 10 Prohibited activities

(1) You are prohibited from any activities on or in connection with the website which breach existing law, infringe upon the rights of third parties or contravene the principles of the protection of children and young people.

You are not permitted to do the following:

  • use content that offends or denigrates third parties;
  • use, provide or disseminate content, services and/or products that are legally protected or protected with third party rights (e.g. copyrights) without being expressly authorized to do so.

(2) You are also prohibited from doing anything that could affect the smooth running of the website, in particular by overloading the Service Provider’s systems.

(3) Should you become aware of any illegal use or abuse, any use in breach of contract or any otherwise unauthorized use of the portal, please contact Info@HeidelbergEngineering.com. The Service Provider will verify the occurrence and take appropriate steps.

(4) Where suspicion exists that an unlawful act or offense has been committed the Service Provider is entitled and as relevant also obliged to verify your activity and as relevant take appropriate legal action. This may include referring the facts of the case to the district attorney’s office.

 

V. Disclaimer

Section 11 Disclaimer for services free-of-charge

Should you suffer loss or damage as a result of the use of services provided on the portal free-of-charge (including the retrieval of free content), the Service Provider shall only be liable if the loss or damage to you results from the contractual use of the free content and/or services, and only in case of intent (including fraud) and gross negligence on the part of the Service Provider.

VI. Other provisions

Section 12 Written form / Email requirement

Unless otherwise indicated in these Terms of Use, all statements made in the context of the website shall be made in writing or by email. The Service Provider’s email address is Info@HeidelbergEngineering.com.

The Service Provider’s postal address is:

Heidelberg Engineering GmbH
Max-Jarecki-Strasse 8
69115 Heidelberg
Germany

We reserve the right to amend the contact information. In case of such an amendment the Service Provider will inform you of the same.

Section 13 Severability

Should a provision of these Terms of Use be or become invalid this shall not prejudice the legal validity of the remaining provisions of the same. Such valid provision is deemed agreed in place of the invalid provision as most closely reflects the commercial intentions of the parties.

Section 14 Applicable law

These Terms of Use are governed by the law of the Federal Republic of Germany subject to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).

Section 15 Jurisdiction

The courts of the place where the Service Provider has its registered office in Heidelberg, Germany shall have exclusive jurisdiction over all disputes arising from these Terms of Membership and Use, to the extent such a jurisdiction agreement is permitted.