Eurescom may stop the operation of the Eurescom Web Site in full or in part at any time. Due to the nature of the Internet and computer systems, Eurescom cannot accept any liability for the continuous availability of the Eurescom website.
Password-protected pages and registration
Some pages of the Eurescom website may be password-protected. In the interest of safety and security of the business transactions, only registered users may access these pages. Eurescom reserves the right to deny registration to any user. Eurescom particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Eurescom 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:
- uses false data for the purpose of registratio
- violates any applicable laws in the access to or use of the Eurescom website; or
- did not use the Eurescom website for a longer period.
For registration the user shall give accurate information and, where such information changes over time, update such information without undue delay. The user shall ensure that his or her e-mail address, as supplied to Eurescom, is current at all times and an address at which the user can be contacted
Upon registration the user will be provided with an access code, comprising a user ID and a password (“User Data”). At first access, the user shall promptly change the password received from Eurescom into a password known only to the user. The User Data allow the user to view or change his or her data or, as applicable, to withdraw his or her consent to data processing.
The user shall ensure that User Data are not accessible by third parties and is liable for all transactions and other activities carried out in using his/her User Data. At the end of each online session, the user shall log-off from the password protected website. If the user becomes aware that third parties are misusing his/her User Data, the user shall notify Eurescom of this without undue delay by e-mail or fax.
3.5 After receipt of the notice mentioned in the paragraph above, Eurescom will deny access to the password-protected area under the affected User Data. Access by the user will only be possible again upon the user’s application to Eurescom, or upon new registration.
3.6 The user may at any time request termination of his/her registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In this event Eurescom will remove all user data and other stored, personally identifiable data of the user as soon as these data are no longer needed.
Use of information
Eurescom grants the user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information made available to the user on or via the Eurescom website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Eurescom in making same available.
Information from this website 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.
The information on this website is protected by copyright laws and 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 from information and documents on this website, or any copies thereof.
Information, brand names and other contents of the Eurescom website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Eurescom.
Except for the rights of use and other rights expressly granted by Eurescom, 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.
Eurescom may, without charge, use any ideas or proposals stored by a user on the Eurescom website for the development, improvement and sale of its products.
Duties of the user
In accessing or using the Eurescom website, the user shall not:
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- 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 Eurescom website may contain hyperlinks to the web pages of third parties. Eurescom shall have no liability for the contents of such web pages and does not represent or endorse such web pages or their contents. Eurescom does not control the information on web pages by third parties and is, thus, not responsible for the contents and information given there. The use of such web pages shall be at the sole risk of the user.
Insofar as any information 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 liability of Eurescom for defects in relation to quality and title shall be determined in accordance with the provisions of the previous paragraph. Any further liability of Eurescom is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
Although Eurescom makes every endeavor to keep the Eurescom website free from viruses, Eurescom cannot make any guarantee that it is virus-free. The user shall, for his/her own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
The previous paragraphs do not intend nor imply any changes to the burden of proof to the user’s disadvantage.
Data privacy protection
For collection, use and processing of personally identifiable data of the User of the Eurescom website, Eurescom shall comply with applicable laws on data privacy protection and the Eurescom policy for data privacy protection, which is available per hyperlink on the Eurescom website.
Place of jurisdiction and applicable law
The place of jurisdiction shall be Heidelberg, if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
The individual pages of the Eurescom Web Site are operated and administered by Eurescom GmbH. The pages comply with German law. Eurescom makes no representation that information or documentation on the Eurescom website are appropriate or available for viewing or downloading at locations outside Germany and the European Union. If users access Eurescom Web Site from outside Germany and the European Union, they are exclusively responsible for compliance with all applicable local laws. Access to Eurescom website information from countries where such content is unlawful is prohibited.