| 1. |
Scope |
| 1.1 |
Any use of this web site provided by sentera
and/or its affiliates ("sentera"), "sentera Web
Site", is subject to these Terms of Use. These Terms of
Use may be amended, modified or replaced by other terms and
conditions, e.g. for the purchase of products and services.
With log-in, or where a log-in is not required, in accessing
or using the sentera Web Site these Terms of Use are accepted
in their then cur-rent version. |
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| 2. |
Services |
| 2.1 |
This sentera Web Site contains specific information
and software, as well as - as the case may be - related documentation,
for viewing or downloading.. |
| 2.2 |
sentera may stop the operation of the sentera
Web Site in full or in part at any time. Due to the nature of
the internet and computer systems, sentera cannot accept any
liability for the continuous availability of the sentera Web
Site. |
| 3. |
Registration, Password |
| 3.1 |
Some pages of the sentera Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. sentera reserves the right to deny registration to any User. sentera particularly reserves the right to determine certain sites, which were previ-ously freely accessible, subject to registration. sentera 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 de-fined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care
with regard to User Data;
- violates any applicable laws in the access to or use
of the sentera Web Site; or
- did not use the sentera Web Site for a longer period.
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| 3.2 |
For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to sentera, is current at all times and an address at which the User can be con-tacted. |
| 3.3 |
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 sentera 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. |
| 3.4 |
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 sentera thereof without undue delay in writing, or, as the case may be, by e-mail. |
| 3.5 |
After receipt of the notice under paragraph 3.4, sentera 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 sentera or upon new registration. |
| 3.6 |
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 sentera will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed. |
| 4. |
Rights of Use to Information, Software and Documentation |
| 4.1 |
The use of any information, software and documentation made available on or via this sentera Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with sentera. Separately agreed to license terms shall prevail over these Terms of Use. |
| 4.2 |
sentera 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 sentera Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by sentera in making same available. |
| 4.3 |
Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license condi-tions take priority over these Terms of Use in the case of transfer of open source software and which condi-tions require the making available of the source code. In such case sentera shall make the source code available in return for the payment of costs. |
| 4.4 |
Information, software and documentation 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. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the soft-ware or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use. |
| 4.5 |
The information, software and documentation are protected by copyright laws as well as international copy-right 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 neither from the information nor from the software or documentation, or any copies thereof. |
| 5. |
Intellectual Property |
| 5.1 |
Notwithstanding the particular provisions in 4 of these Terms of Use, information, brand names and other contents of the sentera Web Site may not be changed, copied, reproduced, sold, rented, used, supple-mented or otherwise used in any other way without the prior written permission of sentera. |
| 5.2 |
Except for the rights of use and other rights expressly 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. |
| 6. |
Duties of the User |
| 6.1 |
In accessing or using the sentera Web Site 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 sys-tem, chain letter, pyramid game or similar activity.
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| 6.2 |
sentera may deny access to the sentera Web Site
at any time, in particular if the User breaches any obli-gation arising from these Terms of Use. |
| 7. |
Hyperlinks |
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The sentera Web Site may contain hyperlinks to the web pages of third parties. sentera shall have no li-ability
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 sentera 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. |
| 8. |
Liability for defects of title or quality
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| 8.1 |
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. |
| 8.2 |
The information on the sentera Web Site 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. |
| 9. |
Other Liability, Viruses |
| 9.1 |
The liability of sentera for defects in relation to quality and title shall be determined in accordance with the provisions of 8 of these Terms of Use. Any further liability of sentera 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. |
| 9.2 |
Although sentera makes every endeavor to keep the sentera Web Site free from viruses, sentera 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. |
| 9.3 |
9.1 and 9.2 do not intend nor imply
any changes to the burden of proof to the User's disadvantage. |
| 10. |
Export Controls |
| 10.1 |
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 in-formation,
software and documentation, in particular with those of the
EU as well as the individual EU mem-ber states and the USA.
sentera shall label information, software and documentation
in relation to Belgian and EU export control lists and U.S. Commerce
Control List. |
| 10.2 |
The User shall particularly check and verify that
- the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
- no undertaking or person listed in the U.S. Denied Persons
List (DPL) shall receive commodities, soft-ware or technology
of U.S. origin;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
- no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organiza-tions List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
- no military consignees shall be supplied;
- the early warning instructions of the respective Belgian or European authorities shall be observed.
Access to software, documentation and information on the sentera Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, sentera shall not be obliged to perform. |
| 10.3 |
Upon request sentera shall inform the User of
the relevant contact points for further information. |
| 11. |
Data Privacy Protection |
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For collection, use and processing of personally identifiable data of the User of the sentera Web Site, Sentera shall comply with applicable laws on data privacy protection and the sentera Web Site Data Protec-tion Privacy Policy, which is available per hyperlink on the sentera Web Site and/or on www.sentera-controls.com. |
| 12. |
Supplementary Agreements, Place of Jurisdiction,
Applicable Law |
| 12.1 |
Any supplementary agreement requires the written form. |
| 12.2 |
The individual pages of the sentera Web Site are operated and administered by sentera Europa and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. sentera makes no representation that information, software and/or documenta-tion on the sentera Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access sentera Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to sentera Web Site'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 sentera, the User should contact the sentera representative for the particular country for country specific business. |
| 12.3 |
These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Belgium to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. |
