medias® professional
General conditions for the use of the Schaeffler Website

1. Scope

1.1
The use of the these Web pages offered by Schaeffler KG and/or the companies in which Schaeffler KG holds a majority stake ("Schaeffler") (Schaeffler Website) shall be undertaken exclusively on the basis of these conditions unless stipulated otherwise in the individual conditions of Schaeffler national companies. By beginning such use, the user accepts the validity of these conditions of use in their specific form.

1.2
These general conditions of use may be expanded, modified or replaced in individual cases by further conditions, for example for the purchasing or sale of products and/or services.

1.3
If the use of the Schaeffler Website is carried out in the context of a commercial or autonomous professional activity or for a public body, § 312e paragraph 1, page 1, no. 1 - 3 of the Bürgerlichen Gesetzbuches der Bundesrepublik Deutschland (German Civil Code) does not apply.

2. Content of the Schaeffler Website

On the Schaeffler Website, Schaeffler makes available, subject to confirmation, without obligation and with no claim to completeness, certain information and software together with documentation as necessary, for call-up or download. Schaeffler reserves the right to cease operation of the Schaeffler Website at any time in whole or in part or to change the content thereof. Due to the nature of the Internet and of computer systems, Schaeffler gives no guarantee as to the uninterrupted availability of the Schaeffler Website.

3. Usage rights

3.1
The use of the information, software and documentation made available on the Schaeffler Website is subject to these conditions or, where updating of information, software or documentation is carried out, to the relevant licence agreements reached previously with Schaeffler. Specially agreed licence conditions take precedence over these conditions.

3.2
Schaeffler grants the user a non-exclusive and non-transferable right to use the information, software and documentation supplied on the Schaeffler Website to the extent that has been agreed or, if no agreement has been reached, in accordance with the purpose intended by Schaeffler in its provision and supply.

3.3
Software is only supplied free of charge in machine-readable form. No claims may be made for the issue of the source code. This excludes source codes of Open Source Software whose licence terms, which take precedence over these conditions on the onward supply of Open Source Software, specify the issue of the source code. In this case, Schaeffler will make the source code available upon reimbursement of costs.

3.4
No information, software or documentation may be sold, hired or supplied in any other way to third parties at any time. Unless otherwise permitted by non-compulsory legal regulations, the user may not modify, backwards develop or backwards translate the software or its documentation, nor may he extract any parts thereof. The user may produce a backup copy of the software if this copy is necessary in order to secure its future use on the basis of these conditions of use.

3.5
The information, software and documentation are protected both by copyright laws and by international copyright treaties as well as by other laws and agreements covering intellectual property. The user shall observe these rights and in particular shall not remove alphanumeric identifiers, brands and copyright references from the information, software or documentation or copies thereof.

3.6
This does not otherwise impinge on the §§ 69a ff. Copyright Act.

4. Intellectual property

4.1
Irrespective of the particular terms in Clause 4 of these conditions of use, information, brand names and other content of the Schaeffler Website must not be modified, copied, duplicated, sold, hired, exploited, expanded or otherwise reworked.

4.2
Beyond the rights of use or other rights expressly granted herein, the user is granted no further rights of any type whatsoever, especially to the company name and to commercial rights such as patents, models or brands, nor is Schaeffler under any obligation to grant such rights.

5. Registration and use in relation to protected pages

5.1
Some pages of the Schaeffler Website are password-protected. In the interests of security of business connections, access to these pages is only available to registered users. No claims may be made for registration with Schaeffler. In particular, Schaeffler reserves the right to subject Web pages that were previously freely accessible to a requirement for registration. Schaeffler reserves the right at any time to rescind the right to access, without stating its reasons for doing so, by blocking the access data, especially where the user

  • has made false statements in the course of registration,
  • has infringed the conditions of use or his duties of care in the handling of the access data,
  • has infringed applicable laws in the access to or use of the Schaeffler Website or
  • has not used the Schaeffler Website for an extended period.

5.2
If registration is intended, the user is obliged to make truthful statements and must without delay provide information of any changes. The user shall ensure that he receives the e-mails that are sent to the e-mail address stated by him.

5.3
Following registration, the user will receive a user name and password (user data). At first access, the user must change the password provided by Schaeffler to a password known only to himself. The user data allow the user to view his data, modify his data or as necessary to revoke or expand any consents in data processing.

5.4
The user shall ensure that the user data are not made available to third parties and shall be liable for all orders placed and other activities carried out under the user data. After each use, the area protected by password must be exited. If the user becomes aware that third parties are misusing the user data, he is obliged to inform Schaeffler in writing without delay, if necessary with advance notice by a simple e-mail. When the notification is received, Schaeffler will block access to the password-protected area using these user data. The block can only be lifted once a specific application is received from the user or after a new registration.

5.5
The user can request cancellation of his registration at any time in writing if cancellation will not conflict with processing of ongoing contractual relationships. In this case, Schaeffler will cancel all user data and all other stored personal data of the user as soon as these are no longer required.

6. References and links

The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Schaeffler neither accepts responsibility for the content of these websites nor has any control over these websites and their content, since Schaeffler does not check the linked information and is not responsible for the content and information therein. The use of linked websites is at the user's own risk.

7. Disclaimer of liability for bad title and defects, viruses

7.1
Where information, software or documentation is supplied free of charge, there is no liability for bad title or defects in the information, software and documentation, especially as to its correctness, freedom from defects, freedom from property rights and copyright belonging to third parties, completeness and/or usability - except in cases of wilful intent or fraudulent misrepresentation.

7.2
The information on the Schaeffler Website may contain specifications or general descriptions of the technical possibilities of products that may not always be present (for example as a result of product modifications). The required performance characteristics of the products should therefore be agreed for the individual case during the purchasing process.

7.3
The liability of Schaeffler for defects and bad title is based on the terms in Clauses 7.1 and 7.2 of these conditions. Furthermore, Schaeffler cannot assume any liability where no liability is stringently created, for example in accordance with product liability law, due to wilful intent, gross negligence, injury to life, body or health, due to assumption of a guarantee of quality, due to fraudulent concealment of a defect or due to infringement of significant contractual obligations. Compensation for damage due to infringement of significant contractual obligations is restricted, however, to typical contractual and predictable damages if there is no wilful intent or gross negligence.

7.4
Schaeffler makes every effort to keep the Schaeffler Website free from viruses but cannot guarantee the absence of viruses. Before downloading information, software and documentation, the user is obliged for his own protection and in order to prevent viruses on the Schaeffler Website to provide appropriate safety measures and virus scanners.

7.5
The regulations presented here do not constitute a change in the burden of proof.

8. Obligations associated with use

8.1
During use of the Schaeffler Website, the user may not:

  • cause injury to persons, especially minors or infringe their human rights;
  • offend common decency through his usage behaviour;
  • infringe industrial property rights and copyrights or other rights of ownership;
  • transfer content including viruses, Trojans or other programs that can damage software;
  • access, save or send hyperlinks or other content to which he is not authorised, especially if these hyperlinks infringe obligations to confidentiality or are unlawful; or
  • distribute advertising or unsolicited e-mails ("spam") or inappropriate warnings of viruses, malfunctions and the like or request participation in games, snowball systems, chain letter, pyramid games and comparable actions.

8.2
Schaeffler may at any time block access to the Schaeffler Website, especially if the user violates his obligations under these conditions.

9. Export regulations

9.1
The exporting of certain information, software and documentation may - for example due to its nature or intended use or final destination - be subject to a duty of confidentiality. The user shall strictly comply with the relevant export regulations for information, software and documentation, especially regulations from the EU or EU member states and the USA. Where necessary, Schaeffler will identify information, software and documentation in relation to the approval requirements in accordance with the German and EU export list and the US Commerce Control List.

9.2
The user shall in particular check and ensure that

  • the information, software and documentation provided is not destined for use relating to armaments, nuclear or weapons technology;
  • companies and persons named in the US Denied Persons List (DPL) are supplied with goods, software and technology of US origin;
  • companies and persons named in the US Warning List, US Entity List or US Specially Designated Nationals List are supplied without approval with products of US origin;
  • companies and persons are not supplied that are named in the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the EU Terrorist List;
  • no military recipients are supplied;
  • the early warning guidance of the relevant German authorities is observed.

Access to information, software and documentation on the Schaeffler Website may only take place if it corresponds to the above checking and safeguard; otherwise Schaeffler is under no obligation of provision.

9.3
Schaeffler shall inform the user upon request of the relevant contact points for further information.

10. Protection of personal data

In the collection, use and processing of personal data from the user, Schaeffler observes the applicable data protection regulations, which can be viewed on the Schaeffler Website.

11. Supplementary agreements, place of jurisdiction, applicable law

11.1
Supplementary agreements to these conditions of use, including modification of this clause, must be made in writing.

11.2
Where the user is a businessman in the sense of the Commercial Code, the place of jurisdiction is Nuremberg, Germany.

11.3
The individual pages of the Schaeffler Website are operated by and under the responsibility of Schaeffler KG and/or its subsidiaries. The pages take account of the requirements in the relevant country in which the company responsible is based. Schaeffler accepts no responsibility for the situation where information, software and/or documentation is called up or downloaded from the Schaeffler Website at locations outside the relevant country. If users access the Schaeffler Website from locations outside the relevant country, they are themselves exclusively responsible for compliance with the relevant regulations in accordance with the relevant national law. Access is not permitted to information, software and/or documentation on the Schaeffler Website from countries in which this access is unlawful. In this case, and where the user wishes to enter into a business relationship with Schaeffler, the user should contact Schaeffler representatives in the specific country.

11.4
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

Cross-reference: Window structure, Function bar and Explanation of pictograms

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