Terms of Use

as of: March 2006

1 Scope

Any use of this web site provided by Bender GmbH & Co. KG, Grünberg and/or affiliates of the Bender-Group, (hereinafter referred to as "Bender Web Sites") 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 Bender Web Site these Terms of Use are accepted in their then current version.

If the user uses this Bender Web Site as business customer, i.e. that it is not acting for purposes which are outside of its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

2 Services

This Bander Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

Bender may stop the operation of the Bender Web Site in full or in part. Due to the nature of the Internet and computer systems, Bender cannot accept any liability for the continuous availability of the Bender Web Sites.

3 Registration, password

Some pages of the Bender Web Sites, in particular the download area, are password protected. In the interest of safety and security of the business transactions, only registered users may access these pages.Bender reserves the right to deny registration to any user. Bender particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration.

Bender 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, 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 Bender Web Sites or
  • did not use the Bender Web Sites for a longer period.

For registration the user shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure, that its e-mail address, as supplied to Bender, is current at all times and an address at which the user can be contacted.

Upon registration the user will be provided with an access code, comprising a user ID and a password. If your password is lost contact Bender for a new password. The user has the possibility to view and change his data, and to withdraw his consent to the receipt of a Newsletter, for example. 

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 his user data.

If and to the extent the user becomes aware that third parties are misusing his user data, the user shall notify BENDER thereof without undue delay in writing, or, as the case may be, by e-mail. After receipt of the notice, Bender will deny access to the password-protected area under such user data. Access by the user will only be possible again upon new registration.

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 Bender will remove all user data and other stored personally identifiable data of the user as soon as this data is no longer needed. 

4 Disclaimer of warranty

Our documentation and the content of the Bender Web Site have been created with great care. The information and data provided on our Web site has been compiled to the best of our knowledge and belief taking into account the latest advances in technology. However, Bender accepts no liabilty or warranty for the correctness and completeness of information, unless it can be ascribed to gross negligence on part of Bender. In particular, the information on the Bender Web Site does not provide the legal quality in terms of warranty or warranty characteristics. 

Bender makes any effort to publish always the latest version of a document in the Internet. Due to continuous technical developments, information in these documentations may differ from the documents accompanying the product. Therefore, always use the documentation accompanying the product for installation and operation purposes. We would be grateful if you let us know when there are any discrepancies in the documentation. We reserve the right to make technical changes.

The use of any information, software and documentation made available on Bender Web Sites is subject to these Terms of use or, in case of updating information, software and documentation, subject to the applicable license terms previously agreed to with Bender. Separately agreed license terms shall prevail over these Terms of Use. 

The user shall not modify the content of the Bender Web Sites or documentation nor shall he disassemble, reverse engineer or decompile the software or separate any part thereof or used otherwise.

The use of the software is subject to separate license terms.

5 Intellectual property

Our information, software and documentation are protected by copyright laws as well as international copyright 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.

6 Hyperlinks

Bender Web Sites may contain hyperlinks to the web pages of third parties. Bender shall have no liability 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 Bender 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.

7 Data privacy protection

Protecting the security and privacy of your personal data is important to Bender. Therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security.

Personal data

Through our Web Sites, Bender will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it, e.g. by registration as a user for the download area.

 When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our customer relationship with you we may store and process personal data and share it with our worldwide affiliates to better understand your business needs and how we can improve our products and services.

We do not sell or otherwise market your personal data to third parties.

Communications or utilization data

Through your use of telecommunication services to access our Web Sites, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

Non-personal data collected automatically

When you access our Web Sites, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used. domain name of the Web Site from which you came; number of visits, average time spent on the site; pages viewed). We and the members of the Bender-Group may use this data and share it with our worldwide affiliates to monitor the attractiveness of our Web Sites and improve their performance and content.

Cookies

When you view one of our Web Sites, we may store some data on your computer in the form of a cookie to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a Web site to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored.

8 Place of jurisdication, applicable law

Any supplement agreement requires the written form.

The place of jurisdication shall be Gießen, Hessen, Germany, if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

The individual pages of the Bender Web Sites are operated and administered by Bender GmbH & Co. KG and/or members of the Bender-Group. The pages comply with the law applicable in the country where the responsible company has its business residence. Bender makes no representation that information, software and/or documentation on the Bender Web Sites are appropriate or available for viewing or downloading at locations outside such country. If users access Bender Web Sites from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Bender Web Sites' information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where the user seeks to do business with Bender, the user should contact the Bender representative for the particular country for country specific business.

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 Germany, 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.

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