(As of: November 2006)
If our websites are used by or for business customers, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
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..
The FCT website contains specific information and software and as the case may be - related documentation, for viewing or downloading.
FCT may stop the operation of its website in full or in part at any time. Due to the nature of the internet and computer systems, FCT cannot accept any liability for the continuous availability of its websites.
Some pages of the FCT websites may be protected through passwords. Those sites can be accessed only registered users in the interest of safety and security of the business transactions. FCT reserves the right to deny registration to any user. FCT particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. FCT is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its user Data (as defined below), in particular if the user
For registration the user shall give accurate information and update such information (as far as possible: online) without undue delay. The user shall ensure that its e-mail address communicated to FCT is up-to-date at all times..
Upon registration the user will be provided with an access code, comprising a user ID and a password ("User Data"). On first access the user shall promptly change the password received from FCT into a password known only to the user. The user data allows the user to view or change its data or, as applicable, to withdraw its consent to data processing.
The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected websites. If and to the extent the user becomes aware that third parties are misusing its user data the user shall notify FCT thereof without undue delay in writing, or, as the case may be, by e-mail.
After receipt of the notice under paragraph 3.4, FCT will deny access to the password-protected area under such user data. Access by the user will only be possible again upon the user's application to FCT or upon new registration.
The user may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event FCT will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.
Rights of use to information, software and documentation
FCT grants user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the user on or via the FCT website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by FCT in making same available.
The information, software and documentation are protected by copyright laws as well as international copyright treaties and 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.
§§ 69a et seq. of the German Copyright Law shall not be affected hereby.
Except for the rights of use and other rights explicitly 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.
FCT may, without charge, use any ideas or proposals stored by a user on the FCT websites for the development, improvement and sale of its products.
Duties of the User
Inaccessing or using the FCT website the user shall not:
The FCT website may contain hyperlinks to the web pages of third parties. FCT 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 FCT 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.
Liability for defects of title or quality
Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software 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.
The information on the FCT website 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.
Other liability, viruses
Although FCT makes every endeavour to keep the FCT website free from viruses, FCT 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.
§§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the user's disadvantage.
The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The user shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. FCT shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.
The User shall particularly check and verify that
Access to software, documentation and information on the FCT website shall only take place if such conforms with the above checks and guarantees. Where the user does not comply with the above, FCT shall not be obliged to perform.
Upon request FCT shall inform the user of the relevant contact points for further information
Data privacy protection
Supplementary agreements, place of jurisdiction, applicable law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Munich if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
The individual pages of the FCT website are operated and administered by FCT electronic gmbh and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. FCT makes no representation that information, software and/or documentation on the FCT website are appropriate or available for viewing or downloading at locations outside such country. If users access FCT website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to FCT website's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where user seeks to do business with FCT, the user should contact the FCT representative for the particular country for country specific business.
German laws are applicable. The application of the United Nations Convention on Contracts for the International Sales of Goods is excluded.