Terms of use

Scope

Any use of this web site provided by National Automation, Inc. and/or its affiliates ("au2mation"), "au2mation 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 au2mation Web Site these Terms of Use are accepted in their then current version.

Services

This au2mation Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. au2mation may stop the operation of the au2mation Web Site in full or in part at any time. Due to the nature of the internet and computer systems, au2mation cannot accept any liability for the continuous availability of the au2mation Web Site.

Registration and Password

Some pages of the au2mation Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. au2mation reserves the right to deny registration to any User. au2mation particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. au2mation 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 defined below), in particular if the User i) uses false data for the purpose of registration; (ii) violates these Terms of Use or neglects its duty of care with regard to User Data or (iii) violates any applicable laws in the access to or use of the au2mation Web Site

Rights of Use to Information, Software and Documentation

The use of any information, software and documentation made available on or via this au2mation 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 au2mation. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use. The 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.

Intellectual Property

Notwithstanding the particular provisions in these Terms of Use, information, brand names and other contents of the au2mation Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of au2mation. 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.

Duties of the User

In accessing or using the au2mation Web Site the User shall not (i) harm other persons, in particular minors, or infringe their personal rights; (ii) breach public morality in its manner of use; (iii) violate any intellectual property right or any other proprietary right; (iv) upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; (v) 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 system, chain letter, pyramid game or similar activity.

Liability for defects of title or quality

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.
The information on the au2mation 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.

Other Liability

The liability of au2mation for defects in relation to quality and title shall be determined in accordance with the provisions of these Terms of Use. Any further liability of au2mation 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.

Viruses

Although au2mation makes every endeavor to keep the au2mation Web Site free from viruses, au2mation 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. These clauses do not intend nor imply any changes to the burden of proof to the User's disadvantage.

Export Controls

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 information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. au2mation shall label information, software and documentation in relation to USA and EU export control lists and USA Commerce Control List.
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, software 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 Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods; no military consignees shall be supplied. Access to software, documentation and information on the au2mation Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, au2mation shall not be obliged to perform.

Supplementary Agreements, Place of Jurisdiction, Applicable Law

Any supplementary agreement requires the written form. The place of jurisdiction shall be the State of Texas, USA 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 the State of Texas, 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.