(Updated on 12/04/2015)
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.
(3) Information about the Service Provider is available at: Publisher
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.
(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
(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
(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.
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
- 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. Processing of your personal data
Section 11 Data protection
(1) The personal data resulting from the use of the available services may only be collected, stored or processed by the Service Provider to the extent this is required for the purposes of the contractual performance of a service and permitted under legal regulations or ordered by the legislator. The Service Provider shall treat your personal data as confidential and in accordance with the provisions of the current data protection law, and shall not pass it on to third parties.
(2) Beyond that, the Service Provider shall only use your personal data to the extent you have expressly consented to this. You may at any time revoke the consent given by you.
Section 12 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.
VII. Other provisions
Section 13 Written form / Email requirement
The Service Provider’s postal address is:
Heidelberg Engineering GmbH
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 14 Severability
Section 15 Applicable law
Section 16 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.