1. Area of application
1.2. Providing the user is using the Baumüller website as /for a business which means performing commercial purposes or self-employed occupational activities or for a public corporation, then section 312e (1) s.1 no. 1 - 3 of the German Civil Code (BGB) doesn't apply.
1.3. At web offers directed to companies or public corporations, the accordant company or public corporation is represented by the user and is attributed to his actions and knowledge.
2.1. The Baumüller website provides Baumüller information and software and the manual to retrieve or download where necessarry.
2.2. Baumüller reserves the right to shut down the Baumüller website completely or partially. Baumüller assumes no liability for the continuous availability of the Baumüller website.
3. Registration, password
3.1. Individual pages of the Baumüller website are protected by a password. Registered users only are permitted to enter these pages on behalf of the safety of the business transactions. There is no legal claim to registration. Baumüller is entitled to protect pages which originally were freely accessible by a registration. At all times Baumüller is entitled to take back the access authority by blocking the login data without having to give reasons.
3.2. After registration has been made the user receives a user name and a password (in the following: "user data"). After the first access the user should change the password which was given to him by Baumüller to a password which the user knows, only. The user data enables the user to check and change his data as well as to withdraw given consents for the processing of the data
4. Rights of use of information, software and documentation
4.1. The use of the information, software and documentation provided by the Baumüller website are exposed to these conditions or when having information-, software or documentation updates to the relevant license terms which were agreed upon previously. Special license agreements which were agreed upon are the first priority - e.g. downloading software.
4.2. Baumüller grants the user a non-exclusive and non-transferable right, to use the information, software and documentation of the Baumüller website as agreed upon or (if nothing was agreed upon) as it accords to the pursued purpose of provision and temporary cession by Baumüller.
4.4. All information, the software and the documentation provided on the Baumüller website are intellectual property which are protected by national and international laws and agreements. The user must observe to these rights - especially not to remove alphanumerical identification codes, trademarks and copyright notices - neither from the information, the software, the documentation nor from the copies.
5. Intellectual property
All texts, graphics, audio files, video files and animation files are protected by copyright. All rights to the self-provided objects remain the exclusive property of Baumüller. The user will observe these rights. The sections 69a et seq. copyright law remain unaffected.
The all or part of reproduction, distribution, modification or use of the Baumüller website (electronical or in another way) is prohibited for public or commercial reasons without prior agreement of Baumüller. In particular this applies to trademarks and brand names, type plates and company logos of Baumüller as well as its subsidiaries.
6. Obligations of the user
6.1. During the use of the Baumüller website the following is prohibited:
- To offend against good manners.
- To infringe against the industrial property rights and copyrights or other proprietary rights.
- To transmit contents containing viruses, so-called Trojan Horses or other programminings which could damage the software.
- To transmit, save or send hyperlinks or contents which the user wasn't authorized to do, especially if these hyperlinks or contents violate the obligation to confidentiality or are illegal.
- To distribute advertisments and unrequested emails (spam) and incorrect warnings against viruses, malfunctions or the like. Also the request to participate in competitions, snowball systems, chain letter games, pyramid schemes or comparable actions.
7. References and links
The Baumüller websites contain links to other pages in the internet. Baumüller declares that the linked pages on its site contained no illegal contents at the time of linking them to the Baumüller website. Baumüller cannot influence the current and the future design as well as the contents of the linked pages. Therefore, Baumüller assumes no responsibility in matters of being up-to-date, correctness, completeness and quality of the information provided there and dissociates itself expressly from all contents of these pages, which were changed after Baumüller linked it. This statement applies to all links to external pages and their contents on the Baumüller website.
8. Liability to material defects and defects of title
8.1. Insofar as information, software or documentation are made available free of charge, any liability is excluded to material defects and defects of title of the information, software and documentation , in particular to their correctness, accuracy, freedom of property rights and copyrights of third parties, completeness and/or usability - except in the case of intention and fraudulent intent.
8.2. The information on the websites merely contain general descriptions or features which do not always applyas the described type or which could have changed due to further developments of the products. The required performance features are bindingly if they were explitcitly agreed upon a contract, only.
8.3. The documentations were prepared carefully. However, the described products are continuously developed. This is why the documentation(s) cannot always have been completely checked upon its performance data, standards or other features. If technical or editorial errors occur we reserve the right to change these at any time and without prior notice. From the specifications, figures and descriptions in this documentation no claims on changes can be asserted to products, which already have be delivered.
9. Other liability, viruses
9.2. Even though Baumüller is anxious to keep its website virus-free, Baumüller doesn't guarantee a virus-free website. Before downloading information, software and documentations the user should provide adequate safety devices as well as a virus scanner for his own safety.
10. Final remarks
10.1. Additional agreements require a written form.
10.2. If parts or individual terms of this text no longer comply with the currently legal status, the content and the validity of the other parts in the document are unaffected.
10.3. Place of jurisdiction is Nuremberg if the user is merchant within the meaning of the German Commercial Code (HGB).
10.4. Baumüller Holding GmbH & Co. KG and/or its subsidiaries operate and account for the individual pages of the Baumüller website. The requirements of the particular country where the registered seat of the company is are considered within the pages. Baumüller assumes no responsibility to information, software and/or documentations being downloaded from locations outside the affected country. If users access Baumüller websites at locations outside the respective country they are exclusively responsible to the relevant provisions of the particular national law. The access to information, software and/or documentations on the Baumüller website from countries, where this access is illegal, is prohibited. In this case and in case the user would like to get in business relations with Baumüller, the user must contact the accordant country for further information.
10.5. German right applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).