Scope of application; service offering
(3) FESTO reserves the right to supplement Services provided within the scope of the FES-TO Cloud or set a time limit on the use of the provided Services. There is no legal claim to the perpetuation of certain Services or parts.
(4) To use the Services provided through the FESTO Cloud, the User must register accord-ing to § 2.
(5) There is no legal claim to an interruption-free use. It is not warranted that the access to or use of the
FESTO Cloud Services would not be interrupted or impaired in the short term through maintenance work, further developments or other issues, which could also lead to data losses. FESTO will announce planned maintenance work and downtimes to the User in a timely manner. FESTO aims to ensure the most interruption-free usability of the Services possible. Due to technical malfunctions (e.g., power failures, hardware and software defects, technical problems in the data transmission line), temporary limitations or interruptions may however occur.
(1) To be able to use the FESTO Cloud, the User must register. To register, the User must be of legal age (which is eighteen years) according to German law. Only commercial Us-ers are authorised to use the FESTO Cloud. A use by consumers is not possible.
(2) During the registration process, the User will be asked to specify his or her access data. This data comprises the User's valid e-mail address and a password of the User's own choosing in according with the password guidelines. During registration, the User must not pose as another person or business or use a User ID the User is not entitled to use.
(3) Insofar as this data changes within the period of use of the FESTO Cloud, the User must correct his or her data in his or her personal settings in the FESTO Cloud immediately. If costs are incurred to FESTO due to the incorrectness of such data, the User is obliged to reimburse Festo for those costs.
(4) The use of the FESTO Cloud is fee-based. Within the scope of registration, the User is routed to FESTO App World after registering in order to enable him or her to purchase a license for the use of the FESTO Cloud. For the use of the FESTO App World, the gen-eral terms and conditions of FESTO App World apply.
Term, termination, transfer
(1) The use of the FESTO Cloud is concluded for an indefinite period insofar as FESTO does not make the User a limited offer for a specified period. In the latter case, the use extends automatically by an additional period when the initial term has expired.
(2) The User can terminate the use of the FESTO Cloud at any time for the end of the re-spective term or – if no fixed term has been agreed – for the end of a month with a term of three months to the end of the month through Festo App World or the web portal.
(4) The User is authorised to transfer his or her FESTO Cloud account permanently to a subsequent User providing the subsequent User satisfies the terms and requirements of this agreement. In case of a transfer, all Services enabled together with the FESTO Cloud account will be transferred to the third party. The User can transfer his or her FESTO Cloud account through the web portal.
Scope of permitted use
(4) It is further the responsibility of the User to guarantee that his or her access data and the FESTO Cloud is used solely by the User or by someone authorised by the User. If there is any reason to believe that unauthorised third parties have gained or will gain knowledge of the access data, the User must notify FESTO immediately.
Use of content available through the FESTO Cloud
a) the User may use the content provided through the FESTO Cloud only for his or her own internal business purposes. Any commercial use going beyond that is prohibit-ed. This right of use is limited to the duration of the contractual use of the FESTO Cloud,
b) the User must not edit, change, translate, show or present, publish, exhibit, repro-duce or disseminate (including the use of so-called iFraming) the available content partially or in its entirety. It is also prohibited to remove or change any copyright no-tices, logos or other labels or protection notices.
(3) The User is authorised to download content for sending by e-mail or printing only insofar as a corresponding possibility is available to the User as a function of the FESTO Cloud.
(4) The User has a temporally unlimited, non-exclusive right of use to content the User has properly downloaded, sent and/or printed for his or her own internal purposes provided that a deviating use has not been expressly permitted in individual cases. Otherwise, all rights to the content remain with the original holder of rights.
(5) The mandatory legal rights (including reproduction for private and other uses according to § 53 UrhG [German Copyright Act]) remain unaffected.
Blocking of access to the FESTO Cloud
(2) In cases of temporary or permanent deactivation, the User's login authorisation will be blocked and the User will be informed by e-mail.
(3) In the case of temporary block, the login authorisation will be reactivated upon expiry of the blocking period or definitive rectification of the reason for the blocking and the User will be informed by e-mail accordingly. A permanently deactivated login authorisation cannot be restored. Permanently blocked persons are permanently blocked from the use of the FESTO Cloud and may not reregister. With the permanent blocking of the User, FESTO has the right to an extraordinary termination of the User's right to use.
Limitations on liability
(1) Within the scope of use of the FESTO Cloud by the User, FESTO is liable according to the following provisions:
a) FESTO is liable without limitations in cases of intentional damage or damaged due to gross negligence to the User.
b) For damage arising from the non-observance of any written guarantees in the scope covered by the purpose of the guarantee and recognisable by FESTO when the guarantee was provided.
c) In cases of product liability according to the German Product Liability Act (“Produkt-haftungsgesetz”).
d) In cases of negligent violations of only non-material contractual obligations, FESTO is not liable. Otherwise, FESTO's liability for negligently caused damage is limited only to direct losses and damage whose occurrence is typically expected within the scope of the respective contractual relationship (contract-typically foreseeable damage). This also applies in cases of negligent violations of obligations on the part of our legal representatives, executive employees and/or our simple vicarious agents.
f) The existing limitation of liability does not apply in case of fraudulent intent, physical injury, violation of guarantees and product liability claims. Legally provided liability limitations that deviate from the afore mentioned liability provisions in FESTO's fa-vour remain unaffected.
g) There is no liability going beyond that described above on the part of FESTO. For services provided by FESTO based on rental agreements, fault-based liability for defects existing at the conclusion of the contract is excluded in particular.
(2) FESTO is not liable for damage arising due to the improper use of the devices connected through the FESTO Cloud.
(3) Insofar as the liability of FESTO is excluded or limited according to these provisions, the same applies to the liability of organisations and vicarious agents, especially the employ-ees of FESTO.
(2) Unless the User objects within 30 days of receipt of the notification and continues to use the Services beyond the objection deadline, the modifications shall be deemed agreed and valid upon expiry of that period. If the User objects, the usage agreement shall con-tinue under the previous terms and FESTO reserves the right to terminate the usage agreement at the next possible point in time. The notice of modification will inform the User of his or her right to object and the consequences.
Change in Services and/or prices
(2) FESTO will announce price changes in a timely manner so that the User can properly terminate the contractual relationship whilst observing the contractually agreed termina-tion period before the new prices come into effect. Insofar as the User does not terminate after being informed about the new prices and continues to use the fee-based Services after the prices come into effect, the price change is binding for the contractual parties.
(4) The FESTO Cloud is subject to the export control laws of various countries, in particular the laws, regulations and directives of the Federal Republic of Germany, the EU and the United States of America. The User undertakes not to submit the FESTO Cloud to a reg-ulatory body for examination of the possible granting of rights of use or any other official approval without prior written agreement from FESTO and not to export it to countries or to natural persons or legal entities that are subject to export bans under the applicable export control laws, regulations or directives. Furthermore, the User is responsible for compliance with all legal regulations relating to use of the FESTO Cloud in the country where the User is using the FESTO Cloud.