User Agreement for
SMB Internet Online Data Base
Preamble
SMB Schwede Maschinenbau GmbH
has established an Internet online database (thereafter called
"data base"). This data base, restricted to an authorized group of
users, provides an internet facility to search, view, print and download data
on SMB strapping machines. SMB Schwede Maschinenbau GmbH assigns a
non-transferable right to such an authorized group of users to use this data
base, to research and to retrieve contents from it. Under these conditions, the parties consent to the Agreement
outlined below:
§ 1 Copyright and
Licencing of Rights
1. The
user acknowledges that the data base covered by this Agreement constitutes a
data base as defined under the legal provisions of § 4 II S. 1 UrhG (UrhG = German Law of copyright), and that as
such it is worthy of protection as indicated in § 87a II UrhG. The parties understand that SMB Schwede
Maschinenbau GmbH is the original producer of this data base according to § 87a
II UrhG. In addition, computer programs required for operating and utilization
of this data base are subject to the protection of §§ 69a ff UrhG, or the above said protection is to be extended to
these facilities. SMB Schwede Maschinenbau GmbH also holds the property rights
for these.
2. SMB
Schwede Maschinenbau GmbH licenses authorized users for the duration of this
Contract with the ordinary right of utilization - cost-free, nonexclusive and
not transferable to third parties - to use this data base according to the
provisions of this Contract.
3. The
user is authorized, through access to this data base, to research data and
documents for their own purposes. This
includes the right to save the results of their research and respective
documents and / or to print them and pass them on to the respective end
consumers, but only for those machines
which these end customers actually have and only for the particular machine to
which the results of that search and the respective documents apply.
4. Any
use of this data base exceeding the above said is not permitted.
Not permitted is in particular:
a. any
copying of data, complete data bases, parts thereof, and/ or copying of
documents on data media, for the use of third parties other than the end
customer.
b. any
storage of data, complete data bases, parts thereof, and / or of documents to
generate systematic collections for third parties other than the end
customer.
c. any
perusal of data, complete data bases, parts thereof, and / or of documents for commercial use, including but not limited
to sale, hiring or renting out to third parties
other than the end customer.
5. Passwords that are
provided to the user to access this data base shall be kept secret. It is not
permitted to pass them on to third parties. If a user passes on his password
without being authorized to do so, he shall compensate SMB Schwede Maschinenbau
GmbH for any damage resulting thereof. This provision continues to apply also
after termination of this Contract.
6. The
use of this data base itself is free of charge. All costs related to
establishing connection to the database, especially telecommunication costs,
shall be covered by the user.
§ 2 Provision of
the Data Base
1. The
information, evaluation logarithms and assessments in general, as well as all
content, have been compiled by SMB Schwede Maschinenbau GmbH in this data with great care. Nevertheless, the user is
aware that an entirely fault-free operating computer program does not exist,
that is, faults may occur.
2. SMB
Schwede Maschinenbau GmbH reserves the right to discontinue the operation of
this data base at any time.
3. SMB
Schwede Maschinenbau GmbH reserves the right to limit or terminate the use of
the data base on short notice, for urgent technical reasons. Such urgent technical matters include maintenance
work.
§
3 Data Protection
The user is aware
that SMB Schwede Maschinenbau GmbH will store usage data in machine readable
form and process them according to the purpose as defined by the outlines of
the Contract between the parties. SMB Schwede Maschinenbau GmbH assures that
all such data will be treated as confidential. SMB Schwede Maschinenbau GmbH
will not pass on such data to any third parties.
§
4 Liability
SMB Schwede
Maschinenbau GmbH shall perform with due diligence. Nevertheless, no liability
will be taken if the information provided should be incorrect, incomplete or
out-dated, except in the event of intent or gross negligence.
§
5 Choice of Legal Remedies Clause
All disputes
resulting from this Agreement are subject to the Law of the Federal Republic of
Germany. The UN Sales Conventions (CISG) cannot be applied to this Contract.
§
6 Place of Jurisdiction
Place of
jurisdiction is Bayreuth, Germany.
§
7 Other Provisions
Modifications and
supplements to this Contract, as well as subsidiary agreements, require the
written form. This provision may only be made invalidated in written.
§
8 Escape Clause
If
one or more of the provisions of this Contract become(s) legally ineffective,
in whole or in part, or lose its/ their legal effectiveness or feasibility at a
later point in time, this does not affect the validity of the remaining
provisions of this Contract. Instead of the ineffective or not feasible
provisions, or for the purpose of filling a gap, an appropriate provision is to
apply which - as far as legally possible - comes closest to the intention of
the parties concluding this Contract, or which they would have wanted,
according to the meaning and purpose of this Contract, if they had considered
this point when they concluded this Contract.
Issued: 05.11.2004