Exclusion of Liability & Copyright
Exclusion of Liability
1. Content of Online Offerings
Festo Ltd & Festo AG & Co. KG – hereinafter referred to as "Festo" – assumes no liability for currentness, correctness, completeness or quality of provided information. Festo assumes no liability for damages of either material or intellectual nature which result from use or non-use of provided information, or from use of incorrect or incomplete information, in as far as no proof of malice or gross negligence on the part of Festo can be established.
All offerings are without engagement and non-binding. Festo expressly reserves the right to change, supplement or delete portions of the website or its entire offerings without notice, or to discontinue publication either temporarily or permanently.
2. References and Links
Festo makes links to third part offerings available within severeal areas of its website. The publishers of the websites to which these links make reference are solely liable for their contents, and particularly for damages which result from use or non-use of provided information. Festo only examines these websites at the point in time at which the link is established. Any and all changes which occur at a later point in time are the responsibility of the publishers of such websites.
3. Legal Validity of this Exclusion of Liability
This exclusion of liability is an integral constituent of our Internet offerings, from which due reference has been made to this page. In the event that portions of, or individual formulations included within this text do not, or no longer comply with valid law, either in part or in their entirety, the remaining portions of this document, including their contents and validity, remain unaffected.
Copyright 2000-2008, Festo AG & Co. KG. All rights reserved. All images, graphics, texts, audio, video and animation data files included in this website are subject to copyright law, as well as other laws regulating the protection of intellectual property. Reproduction, modification or use in other electronic or printed publications is prohibited without the express consent of Festo AG & Co. KG.
• 1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
• 2.1. This Festo Korea Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
• 2.2. Festo Korea may stop the operation of the Festo Korea Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Festo Korea cannot accept any liability for the continuous availability of the Festo Korea Web Site.
3. Registration, Password
• 3.1. Some pages of the Festo Korea Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Festo Korea reserves the right to deny registration to any User. Festo Korea particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Festo Korea 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
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the Festo Korea Web Site; or
- did not use the Festo Korea Web Site for a longer period.
• 3.2. 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 Festo Korea, is current at all times and an address at which the User can be contacted.
• 3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Festo Korea into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
• 3.4. 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 its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Festo Korea thereof without undue delay in writing, or, as the case may be, by e-mail.
• 3.5. After receipt of the notice under paragraph 3.4, Festo Korea will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Festo Korea or upon new registration.
• 3.6. 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 Festo Korea will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use to Information, Software and Documentation
• 4.2. Festo Korea grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Festo Korea Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Festo Korea in making same available.
• 4.5. 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.
5. Intellectual Property
• 5.2. 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.
• 5.3. Festo Korea may, without charge, use any ideas or proposals stored by a User on the Festo Korea Web Sites for the development, improvement and sale of its products.
6. Duties of the User
• 6.1. In accessing or using the Festo Korea Web Site the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- 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.
The Festo Korea Web Site may contain hyperlinks to the web pages of third parties. Festo Korea 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 Festo Korea 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.
8. Liability for defects of title or quality
• 8.1. 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.
• 8.2. The information on the Festo Korea 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.
9. Other Liability, Viruses
• 9.2. Although Festo Korea makes every endeavor to keep the Festo Korea Web Site free from viruses, Festo Korea 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.
• 9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Data Privacy Protection
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
• 11.1. Any supplementary agreement requires the written form.
• 11.2. The individual pages of the Festo Korea Web Site are operated and administered by Festo Korea and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Festo Korea makes no representation that information, software and/or documentation on the Festo Korea Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Festo Korea Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Festo Korea Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Festo Korea, the User should contact the Festo Korea representative for the particular country for country specific business.