Nutzungsvereinbarung
Terms of Use
„Micro-Epsilon Sales Board and Academy"
1. SCOPE
MICRO-EPSILON, together with its affiliates (collectively MICRO-EPSILON) created and maintain the „Micro-Epsilon Sales Board and Academy" website and other websites related to „Micro-Epsilon Sales Board and Academy" to provide a platform where you (You) and other MICRO-EPSILON distributors, representatives, sales engineers, and other interested parties (each, a User and collectively, Users) may obtain and share information made available by MICRO-EPSILON including but not limited to: articles, datasheets, code, text, software, designs, specifications, models, data, application program interface specifications, concepts, techniques, flow charts, graphics, images, videos, blogs, training and other content as well as marketing material related to MICRO-EPSILON's products and services (collectively Content). If You are accessing and/or using „Micro-Epsilon Sales Board and Academy" on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement ( ToU ) and everywhere in this ToU that refers to You or Your, shall also include Your Company.
2. ACCEPTANCE OF TERMS
Unless otherwise agreed to in a separate signed agreement between You, or Your Company and MICRO-EPSILON, Your access and use of the „Micro-Epsilon Sales Board and Academy", it's Content, or any forums, wikis, blogs, or services provided on „Micro-Epsilon Sales Board and Academy" (any Services ), are subject to this ToU. This ToU form a legally binding agreement between You and MICRO-EPSILON regarding Your access and use of the „Micro-Epsilon Sales Board and Academy", Content, and the Services.
By accessing or using „Micro-Epsilon Sales Board and Academy", You accept and agree to abide by the terms of this ToU. If You do not agree to the terms of this ToU, You must not attempt to access or use „Micro-Epsilon Sales Board and Academy".
3. REGISTRATION AND REGISTRATION DATA
You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the „Micro-Epsilon Sales Board and Academy" (Registration Data) and to protect your password and identification against unauthorized use. You further agree to maintain and promptly update the Registration Data, and any other information you provide to MICRO-EPSILON, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to MICRO-EPSILON. MICRO-EPSILON reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason. You accept that the user name, Your first and last name are visible to other Users of the „Micro-Epsilon Sales Board and Academy".
4. PERMISSIBLE USE OF „Micro-Epsilon Sales Board and Academy"
You are permitted to access „Micro-Epsilon Sales Board and Academy" and use the Content, and the Services solely for Your personal, informational, noncommercial purposes except those commercial purposes You or Your company are authorized by MICRO-EPSILON . The use of the information systems within the „Micro-Epsilon Sales Board and Academy" like e-mail, blogs, wikis or forums is permitted solely for the exchange of personal information between Users.
You agree not to use „Micro-Epsilon Sales Board and Academy" to:
- publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
impersonate any person or entity, including, but not limited to, an MICRO-EPSILON official, MICRO-EPSILON employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
violate any applicable local, state, national or international law and any regulations;
harvest, collect, or store personal information or data of other Users.
5. CHANGES AND NOTICES
MICRO-EPSILON reserves the right to make changes to this ToU at any time. MICRO-EPSILON will notify You of any changes to this ToU when You visit the „Micro-Epsilon Sales Board and Academy", or via email, or by providing You with information on such update. The currently valid version of this ToU can be viewed via the "User Agreement" link on the entrance page of the „Micro-Epsilon Sales Board and Academy".
MICRO-EPSILON may make changes and modify, change or discontinue any part or all of the „Micro-Epsilon Sales Board and Academy", the Content and the Services at any time without notice.
6. CONFIDENTIAL INFORMATION
„Micro-Epsilon Sales Board and Academy" may contain Confidential Information, which shall mean all trade secrets and other information which MICRO-EPSILON or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of „Micro-Epsilon Sales Board and Academy", pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and which is not publicly available or within the public domain.
You agree not to reproduce any Confidential Information to which you are provided access through the „Micro-Epsilon Sales Board and Academy" in any form except as authorized at the time of disclosure. Any reproduction of MICRO-EPSILON Confidential Information shall remain the property of MICRO-EPSILON and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree (a) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of MICRO-EPSILON, using the same degree of care (but not less than a reasonable degree of care) as You use to protect Your own confidential information of like kind.
You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Contents or Services, or compete with MICRO-EPSILON Contents or Services in whole or in part.
ALL UPLOADS BY YOU INTO „Micro-Epsilon Sales Board and Academy", WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND MICRO-EPSILON TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF „Micro-Epsilon Sales Board and Academy".
7. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You understand and agree that MICRO-EPSILON collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to MICRO-EPSILON's Privacy Policy which can be accessed via MICRO-EPSILON`s website. Data to be processed includes Your name, title, email address, and other information which may include but is not limited to Your company's name, division, postal address, and telephone number. As the case may be, data of interactive learning sessions will be logged and evaluated exclusively by administrative personnel and/or persons responsible tor the training program. In no event such data are forwarded or shared with third parties. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation.
You agree that MICRO-EPSILON may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of MICRO-EPSILON, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE MICRO-EPSILON PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE OF MICRO-EPSILON.
8. COPYRIGHT POLICY, INTELLECTUAL PROPERTY
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use „Micro-Epsilon Sales Board and Academy" to infringe the Intellectual Property Rights of MICRO-EPSILON or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of MICRO-EPSILON Software, third party software, or any Content accessed on the „Micro-Epsilon Sales Board and Academy".
All Intellectual Proprietary Rights, including the rights for use and/or exploitation of such such rights to any MICRO-EPSILON Content, Software and/or Services shall belong to MICRO-EPSILON or it's licensers. Nothing in this ToU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any MICRO-EPSILON Content, Software and/or Services for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to MICRO-EPSILON any modifications or derivative works made by You in contravention of this limitation.
Subject to any licenses You grant to MICRO-EPSILON pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the „Micro-Epsilon Sales Board and Academy" to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to „Micro-Epsilon Sales Board and Academy", You grant MICRO-EPSILON a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to MICRO-EPSILON that You have the right, title, and/or authority to grant such license to MICRO-EPSILON. MICRO-EPSILON may elect not to post or publish the Content that You send or upload. If MICRO-EPSILON elects to post or publish the Content, MICRO-EPSILON may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
9. RESPONSIBILITY FOR LINKS AND CONTENT
MICRO-EPSILON is only responsible or liable for the Content posted on the „Micro-Epsilon Sales Board and Academy" to the extent required by the German Telemedia Act (Telemediengesetz, TMG). „Micro-Epsilon Sales Board and Academy" may contain links to external Web sites and information provided on such external websites by MICRO-EPSILON partners and third-party service providers. MICRO-EPSILON shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that MICRO-EPSILON shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
10. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the ToU, MICRO-EPSILON may, at its sole discretion refuse You any current or future use of „Micro-Epsilon Sales Board and Academy". MICRO-EPSILON may remove any Content posted on „Micro-Epsilon Sales Board and Academy" at MICRO-EPSILONs sole discretion. MICRO-EPSILON shall not be liable to You or any third party for any termination or change to „Micro-Epsilon Sales Board and Academy" and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of „Micro-Epsilon Sales Board and Academy" or any other Users computer system, MICRO-EPSILON may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
11. INDEMNITY
You agree to indemnify and hold MICRO-EPSILON, its affiliates, subsidiaries, officers, agents, partners, employees, and licensers harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your Content or Your usage of the „Micro-Epsilon Sales Board and Academy" or Services, Your breach of this ToU or MICRO-EPSILON's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
12. EXCLUSION OF WARRANTIES
„Micro-Epsilon Sales Board and Academy", Content, and Services are being provided to You AS IS. MICRO-EPSILON does not guarantee or warrant any features or qualities of the „Micro-Epsilon Sales Board and Academy", Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to „Micro-Epsilon Sales Board and Academy", Content, Software or Services in promotional material or on „Micro-Epsilon Sales Board and Academy" and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published MICRO-EPSILON description of or advertisement except to the extent MICRO-EPSILON has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of MICRO-EPSILONs management.
MICRO-EPSILON does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the „Micro-Epsilon Sales Board and Academy", or the content obtainable on such web-pages or (ii) any information provided by third parties on „Micro-Epsilon Sales Board and Academy". MICRO-EPSILON only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the „Micro-Epsilon Sales Board and Academy" evidently contains illegal contents or infringements against intellectual property rights. MICRO-EPSILON will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. MICRO-EPSILON shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by MICRO-EPSILONs willful misconduct, gross negligence or MICRO-EPSILONs failure to fulfill its duty to review as stipulated herein.
13. LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, MICRO-EPSILON AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MICRO-EPSILON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE „Micro-Epsilon Sales Board and Academy", MICRO-EPSILON SOFTWARE, CONTENT, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY MICRO-EPSILON SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE „Micro-Epsilon Sales Board and Academy"; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE „Micro-Epsilon Sales Board and Academy"; OR (v) ANY OTHER MATTER RELATING TO THE „Micro-Epsilon Sales Board and Academy" OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY MICRO-EPSILON AND IN CASE OF MICRO-EPSILON'S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
14. APPLICABLE LAW, PLACE OF VENUE
This site is created and controlled by MICRO-EPSILON in Germany . The laws of Germany shall govern this ToU without giving effect to any principles of conflicts of laws. The exclusive jurisdiction and sole venue for disputes related to this TOU shall be the place of business of MICRO-EPSILON.
You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
15. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or upon MICRO-EPSILON's written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
16. WAIVER AND SEVERABILITY
The failure of MICRO-EPSILON to exercise or enforce any right or provision of this ToU shall not constitute a waiver of such right or provision. To the extent that any provision in this ToU shall be found to be invalid, incomplete, or unenforceable, such provision shall be modified in such a manner so as to make this ToU as modified, legal and enforceable under applicable laws and the balance of the provisions of this ToU shall not be affected thereby.
MICRO-EPSILON reserves the right to make changes to this ToU at any time. MICRO-EPSILON will notify You of any changes to this ToU when You visit the "Micro-Epsilon Sales Board and Academy", or via email, or by providing You with information on such update. The currently valid version of this ToU can be viewed via the "User Agreement” link on the entrance page of the "Micro-Epsilon Sales Board and Academy".
MICRO-EPSILON may make changes and modify, change or discontinue any part or all of the "Micro-Epsilon Sales Board and Academy", the Content, the Services and MICRO-EPSILON Software at any time without notice.
6. CONFIDENTIAL INFORMATION
"Micro-Epsilon Sales Board and Academy" may contain Confidential Information, which shall mean all trade secrets and other information which MICRO-EPSILON or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of "Micro-Epsilon Sales Board and Academy", pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and which is not publicly available or within the public domain.
You agree not to reproduce any Confidential Information to which you are provided access through the "Micro-Epsilon Sales Board and Academy" in any form except as authorized at the time of disclosure. Any reproduction of MICRO-EPSILON Confidential Information shall remain the property of MICRO-EPSILON and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree (a) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of MICRO-EPSILON, using the same degree of care (but not less than a reasonable degree of care) as You use to protect Your own confidential information of like kind.
You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with MICRO-EPSILON Software or Services in whole or in part.
ALL UPLOADS BY YOU INTO "Micro-Epsilon Sales Board and Academy", WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND MICRO-EPSILON TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF "Micro-Epsilon Sales Board and Academy".
7. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You understand and agree that MICRO-EPSILON collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to MICRO-EPSILON's Privacy Policy which can be accessed via MICRO-EPSILON`s website. Data to be processed includes Your name, title, email address, and other information which may include but is not limited to Your company’s name, division, postal address, and telephone number. As the case may be, data of interactive learning sessions will be logged and evaluated exclusively by administrative personnel and/or persons responsible tor the training program. In no event such data are forwarded or shared with third parties. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation.
You agree that MICRO-EPSILON may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of MICRO-EPSILON, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE MICRO-EPSILON PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE OF MICRO-EPSILON.
8. COPYRIGHT POLICY, INTELLECTUAL PROPERTY
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use "Micro-Epsilon Sales Board and Academy" to infringe the Intellectual Property Rights of MICRO-EPSILON or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of MICRO-EPSILON Software, third party software, or any Content accessed on the "Micro-Epsilon Sales Board and Academy".
All Intellectual Proprietary Rights, including the rights for use and/or exploitation of such such rights to any MICRO-EPSILON Content, Software and/or Services shall belong to MICRO-EPSILON or it’s licensers. Nothing in this ToU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any MICRO-EPSILON Content, Software and/or Services for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to MICRO-EPSILON any modifications or derivative works made by You in contravention of this limitation.
Subject to any licenses You grant to MICRO-EPSILON pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the "Micro-Epsilon Sales Board and Academy" to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to "Micro-Epsilon Sales Board and Academy", You grant MICRO-EPSILON a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to MICRO-EPSILON that You have the right, title, and/or authority to grant such license to MICRO-EPSILON. MICRO-EPSILON may elect not to post or publish the Content that You send or upload. If MICRO-EPSILON elects to post or publish the Content, MICRO-EPSILON may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
9. RESPONSIBILITY FOR LINKS AND CONTENT
MICRO-EPSILON is only responsible or liable for the Content posted on the "Micro-Epsilon Sales Board and Academy" to the extent required by the German Telemedia Act (Telemediengesetz, TMG). "Micro-Epsilon Sales Board and Academy" may contain links to external Web sites and information provided on such external websites by MICRO-EPSILON partners and third-party service providers. MICRO-EPSILON shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that MICRO-EPSILON shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
10. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the ToU, MICRO-EPSILON may, at its sole discretion refuse You any current or future use of "Micro-Epsilon Sales Board and Academy". MICRO-EPSILON may remove any Content posted on "Micro-Epsilon Sales Board and Academy" at MICRO-EPSILONs sole discretion. MICRO-EPSILON shall not be liable to You or any third party for any termination or change to "Micro-Epsilon Sales Board and Academy" and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of "Micro-Epsilon Sales Board and Academy" or any other Users computer system, MICRO-EPSILON may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
11. SPECIFIC TERMS TO MICRO-EPSILON SOFTWARE AVAILABLE ON "Micro-Epsilon Sales Board and Academy"
MICRO-EPSILON Software made available to download from "Micro-Epsilon Sales Board and Academy" is the copyrighted work of MICRO-EPSILON. Use of the MICRO-EPSILON Software is governed by a software license agreement (License Agreement) which accompanies or is included in such MICRO-EPSILON Software. You may not use or install any MICRO-EPSILON Software which is accompanied by or includes a License Agreement until You first agree to the terms of the License Agreement. Any copying, reproduction, or redistribution of the MICRO-EPSILON Software not in accordance with the License Agreement is expressly prohibited. You must not modify, decompile, or reverse engineer any MICRO-EPSILON Software, except to the extent expressly permitted by applicable law. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of MICRO-EPSILON Software or from any Content accessed on "Micro-Epsilon Sales Board and Academy".
12. INDEMNITY
You agree to indemnify and hold MICRO-EPSILON, its affiliates, subsidiaries, officers, agents, partners, employees, and licensers harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Content or Your usage of the "Micro-Epsilon Sales Board and Academy" or Services, Your breach of this ToU or MICRO-EPSILON's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
13. EXCLUSION OF SOFTWARE WARRANTIES
"Micro-Epsilon Sales Board and Academy", Content, and Services are being provided to You AS IS. MICRO-EPSILON does not guarantee or warrant any features or qualities of the "Micro-Epsilon Sales Board and Academy", Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to "Micro-Epsilon Sales Board and Academy", Content, Software or Services in promotional material or on "Micro-Epsilon Sales Board and Academy" and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published MICRO-EPSILON description of or advertisement except to the extent MICRO-EPSILON has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of MICRO-EPSILONs management.
MICRO-EPSILON does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the "Micro-Epsilon Sales Board and Academy", or the content obtainable on such web-pages or (ii) any information provided by third parties on "Micro-Epsilon Sales Board and Academy". MICRO-EPSILON only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the "Micro-Epsilon Sales Board and Academy" evidently contains illegal contents or infringements against intellectual property rights. MICRO-EPSILON will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. MICRO-EPSILON shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by MICRO-EPSILONs willful misconduct, gross negligence or MICRO-EPSILONs failure to fulfill its duty to review as stipulated herein.
14. LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, MICRO-EPSILON AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MICRO-EPSILON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE "Micro-Epsilon Sales Board and Academy", MICRO-EPSILON SOFTWARE, CONTENT, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY MICRO-EPSILON SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE "Micro-Epsilon Sales Board and Academy"; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE "Micro-Epsilon Sales Board and Academy"; OR (v) ANY OTHER MATTER RELATING TO THE "Micro-Epsilon Sales Board and Academy" OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY MICRO-EPSILON AND IN CASE OF MICRO-EPSILON’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
15. APPLICABLE LAW, PLACE OF VENUE
This site is created and controlled by MICRO-EPSILON in Germany . The laws of Germany shall govern this ToU without giving effect to any principles of conflicts of laws. The exclusive jurisdiction and sole venue for disputes related to this TOU shall be the place of business of MICRO-EPSILON.
You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
16. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or upon MICRO-EPSILON’s written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
17. WAIVER AND SEVERABILITY
The failure of MICRO-EPSILON to exercise or enforce any right or provision of this ToU shall not constitute a waiver of such right or provision. To the extent that any provision in this ToU shall be found to be invalid, incomplete, or unenforceable, such provision shall be modified in such a manner so as to make this ToU as modified, legal and enforceable under applicable laws and the balance of the provisions of this ToU shall not be affected thereby.