Any use of the web pages (HYDREL Website) offered by Hydrel GmbH shall be subject exclusively to the Conditions in Switzerland. By commencing use, the user accepts the validity of these Conditions of Use in their current version.
These General Conditions of Use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase or sale of products and/or services.
2. Contents of the HYDREL Website
On its Website HYDREL has placed non-binding information without any commitment as well as related documentation and software for calling up or downloading without any warranties as to completeness. HYDREL may at any time in whole or in part block the HYDREL Website or change the contents without any prior notice. Because of the basis of the nature of the Internet and computer systems HYDREL accepts no liability in relation to the uninterrupted availability of the HYDREL Website.
3. Rights of Use
The use of the information, software and documentation available on the HYDREL Website shall be subject to these Conditions or in the case of the updating of information, software and documentation shall be subject to the applicable licence conditions already agreed with HYDREL. Specifically-agreed licence conditions shall prevail over these Conditions.
HYDREL grants to the user a non-exclusive, non-transferable right to use the information, software and documentation available on the HYDREL Website to the extent to which it is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from HYDREL for the intended purpose.
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. An exception to this shall be source codes from open source software, the licence conditions of which have priorities over these Conditions in the transfer of open source software and which require the making available of the source code. In such cases HYDREL shall make the source code available in return for the reimbursement of expenses.
Neither information, software nor documentation may be distributed, rented or in any other way made available by the user to third parties at any time. Insofar as no binding legal regulations require to the contrary, the user may not change, reverse develop or reverse translate the software or its documentation or remove any part therefrom. The user may make a backup copy of the software if such copy is necessary for future use as a backup on the basis of these Conditions of Use.
The information, software and documentation are protected by copyright laws as well as international copyright agreements as well as other laws and agreements related to intellectual property. The user shall observe such laws and in particular any alphanumerical identification, marks or copyright notices shall not be removed from the information or the software or the documentation or from any copies thereof.
§§ 69 a et seq. of the Copyright Law shall not otherwise be affected hereby.
4. Intellectual Property
Notwithstanding the particular requirements in section 4 of these Conditions of Use any information, trademark names and other contents of the HYDREL Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of HYDREL.
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall HYDREL be subject to any corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
Some pages of the HYDREL Website are protected by way of a password. Access to these pages is only possible for registered users for reasons of transactional business security. No right shall exist to registration by HYDREL. In particular HYDREL reserves the right to make Web pages previously freely accessible subject to registration. HYDREL may at any time revoke a right of access by sealing the access data without providing any reasons therefore, in particular when the user
In the event that registration is envisaged the user shall provide accurate and correct details and must advise immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to it at the e-mail address provided.
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by HYDREL into a password known only to the user. The user data allow the user to access its own data, to change such and, if necessary, to extend or revoke agreements to data processing.
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify HYDREL of such in writing and, if applicable, in advance by way of simple e-mail. After receipt of such notification HYDREL shall block the access to the area protected by password with these user data. The lifting of any blocking is only possible after a special application by the user to HYDREL or after a further registration.
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case HYDREL shall erase all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The HYDREL Website may contain references and links (hyperlinks) to the websites of third parties. HYDREL does not accept any responsibility for the contents of such websites nor does HYDREL make the contents of such websites its own as HYDREL cannot control any information connected by a link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the user.
7. Exclusion of Liability for Defects as to Title and Quality, Viruses
Insofar as any information, software or documentation is made available at no charge, any liability for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of wilful acts or malice are hereby excluded.
The information contained on the HYDREL Website may include specifications or general descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.
The liability of HYDREL for any defects as to quality and defects as to title shall be determined by the provisions in sections 7.1 and 7.2 of these Conditions. Ceteris paribus any liability of HYDREL ist excluded unless mandatory law e. g. the Product Liability Act requires it, as a result of the Product Liability Law, as a result of wilful act, gross negligence, as a result of death, personal injury or resulting from the acceptance of a guarantee as to quality or as a result of malicious concealment of a defect or because of the material breach of a contract. Any damages for material breach of contract shall however be limited to typical, foreseeable damage insofar as wilful acts or gross negligence are not involved.
HYDREL shall endeavour to keep the HYDREL Website free from all viruses, however HYDREL cannot give any assurance as to a virus-free environment. Before downloading any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the HYDREL Website use suitable security measures and virus scanners.
A change in the burden of proof is not connected with any of the above provisions.
8. Obligations of Use
The user may not in regard to the HYDREL Website:
HYDREL may block access to the HYDREL Website at any time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The exporting of certain information, software and documentation may e.g. on the basis of their nature or use or end destination, be subject to authorization. In regard to such information, software and documentation the user shall strictly observe the applicable export regulations, and in particular those of the EU and the EU member states as well as the United States of America. Insofar as such is necessary, HYDREL shall label information, software and documentation in terms of its duty to obtain a permit according to German and EU Export List as well as the US Commerce Control List.
The user shall in particular check and ensure that
Any access to information, software and documentation on the HYDREL Website shall only take place if it is in accordance with the abovenamed tests and checks. Otherwise HYDREL shall not be obliged to provide any services.
Upon request HYDREL shall provide the user with the relevant contacts for further information.
10. Protection of Personal Data
HYDREL shall in compiling, using and processing personal data of the user observe the applicable data protection regulations which may be viewed on the HYDREL Website.
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.
The place of jurisdiction is 9320 Arbon, Switzerland.
The individual pages of the HYDREL Website are operated by and are the responsibility of Hydrel GmbH. These pages comply with the requirements of Switzerland. HYDREL accepts no responsibility that information, software and/or documentation in the HYDREL Website may be called up or loaded down in places outside of the respective country. If users from countries outside of Switzerland use the HYDREL Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the HYDREL Website in countries in which access is unlawful is not allowed. In such case and in case the user would like to come into commercial contact with HYDREL, the user should contact the Schaeffler Group representatives in the respective country.
Swiss material law shall apply to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).