Terms of Use – Heidelberg Engineering Inc.

PLEASE READ THESE TERMS OF USE VERY CAREFULLY.

Welcome to our website (“Site”). We maintain this Site as a service to our customers. BY USING THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms of Use”). For purposes of these Terms of Use, the terms “we,” “us,” our” and “Heidelberg” refer to Heidelberg Engineering, Inc., a Delaware corporation, and “you” and “your” refers to you, as a user of our site.

We may change these Terms of Use at any time, without prior notice. If you access or use the Site after we post a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these Terms of Use periodically. USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS OF USE, IN THEIR CURRENT FORM OR AS MODIFIED.

  1. Subject to your performance of all of the provisions of these Terms of Use, Heidelberg hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein and not to download (other than page caching and other than the product brochures, tutorials, quick guides and training videos that you are permitted to download through links on the Site) or modify the Site or any information or data therein.
    You may use the Site to browse Heidelberg’s product information, to request support and to communicate with us. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Heidelberg. No minors may use or access the Site. By agreeing to these Terms of Use, you hereby warrant that you are at least 18 years of age and are legally capable of agreeing to these Terms of Use. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Site is not transferable
  2. Except specifically with respect to product brochures, tutorials, quick guides and training videos that you are permitted to download through links on the Site, none of the other material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Heidelberg.
    All downloadable brochures, tutorials, quick guides and training videos are provided solely for your personal evaluation use and you may not distribute, reproduce, republish or otherwise copy them or alter them in any way. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Heidelberg or any third party.
  3. You will use the Site in accordance with all applicable laws. Heidelberg may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Heidelberg’s networks, information and the security and integrity of the Site.
  4. You are solely responsible for any and all acts and omissions that occur under your login to the Site, and you shall not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to:

    (a) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
    (b) misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct;
    (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the Site that are restricted;
    (d) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or
    (e) engage in any other activity deemed by Heidelberg to be in conflict with the spirit or intent of these Terms of Use.
  5. The content, including, but not limited to, all product brochures, tutorials, quick guides and training videos contained within or linked into the Site, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Heidelberg Engineering” our logos and others marks are either trademarks or registered trademarks of Heidelberg and/or our affiliate Heidelberg Engineering GmbH.
    The posting of information or materials on the Site by Heidelberg does not constitute a waiver of any rights in such information and materials. Heidelberg and/or our affiliate Heidelberg Engineering GmbH exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
    You shall not challenge, contest or otherwise impair Heidelberg’s or Heidelberg Engineering GmbH’s ownership of the Site and the content therein or the validity or enforceability of Heidelberg’s or Heidelberg Engineering GmbH’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without notice. Product, terms and other information provided herein are subject to change without notice.
  6. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Site. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Site.
  7. Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy.
  8. THIS SITE AND THE MATERIALS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, PRODUCT BROCHURES, TUTORIALS, QUICK GUIDES AND TRAINING VIDEOS CONTAINED WITHIN OR LINKED INTO THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HEIDELBERG SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION OR SERVICE ACCESSED THROUGH THE SITE.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEIDELBERG THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. Heidelberg is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.
  9. HEIDELBERG SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
  10. These Terms of Use shall be interpreted and enforced according to the substantive laws of the State of California, without application of its conflicts or choice of law rules. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of these Terms of Use. In the event a dispute arises regarding these Terms of Use or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.