Festo Corporation / Effective October 2017
1.2 The products offered in the Online Shop and the software applications (“apps”) offered in App World are offered and available only to customers who are at least 18 years of age [and reside in the United States or any of its territories or possessions ]or legal entities [in the United States or any of its territories or possessions], represented by individuals who have the full power and authority to act on behalf of the respective legal entity. By using the Website, the customer represents and warrants that it meets the foregoing eligibility requirements.
1.3 Deviating, opposing or supplementary General Terms and Conditions of the customer are hereby expressly declined by and shall not become an integral part of the agreement nor be binding on Festo, even if Festo has knowledge of them, unless their applicability is expressly approved by Festo in writing.
2.2 If the customer's registration or profile information change within the period of use, the customer is obliged to correct that information immediately. If costs are incurred by Festo due to the inaccuracy of such information (such as but not limited to accounting errors due to incorrect account details), the customer is obliged to reimburse Festo for those costs.
2.4 The customer acknowledges that the user account and its login details are not transferable. Festo assumes no responsibility for ensuring that every profile owner is the person that the particular profile owner claims to be. Festo reserves the right during registration to conduct checks of the customer's identity and information provided. The customer therefore authorises Festo, as a precautionary measure, to use all the registration information to check the accuracy of the information provided by the customer (including updates of such information). Should any registration information be found incorrect or inconsistent according to Festo’s sole determination, Festo reserves the right and authority to suspend the customer’s access to and/or use of the Website.
3.1 The login details of the customer, including but not limited to the user name, password [or other security information], must be kept confidential by the customer and may under no circumstances be made accessible to any third parties.
3.2 The responsibilities of the customer also include ensuring that only duly authorized representatives of the customer can access the Online Shop and App World and use the services or features made available through them. If there is any reason to believe that unauthorized third parties have gained or will gain knowledge of the Customer’s login details, Festo must be notified immediately.
4.2 In cases of temporary suspension or permanent deactivation, the customer's login access will be immediately deactivated. Festo shall provide the customer with written confirmation by e-mail of the temporary suspension of the customer’s login access and may grant the customer, at Festo’s sole discretion, a grace period to eliminate the ground for suspension (the “Suspension Period”). Should the customer fail to eliminate the reason for the suspension within the Suspension Period, if such shall have been granted by Festo, Festo reserves the right to permanently deactivate the customer’s login access. Customer acknowledges that a permanently deactivated login access cannot be restored. The customer will be notified by e-mail of the permanent deactivation or reactivation of their login access.
4.4 Notwithstanding the above, Festo may terminate the customer’s account for cause with immediate effect upon prior written notice to the customer without any liability to the customer.
5.1 Upon activation of the customer’s login access by Festo, the customer is authorized to purchase products that Festo offers in the Online Shop.
5.2 All purchases of products in the Online Shop shall be governed by Festo's terms and conditions of sale, as amended, and accessible at Terms and Conditions.
6.1 In App World, a customer can view, search for, purchase and download apps in accordance with their intended use. In cases where apps offered in App World are linked to a particular Festo product (“designated product”), the customer must enter the Product Key of their specific designated product. If required in order to use the app with the designated products, the customer will be provided with a personal license key for the relevant designated product upon each purchase of an app. In cases where the apps are not yet installed on the customer's designated product and are not available via a firmware update for the designated product, the apps may comprise software, technology, data and/or other content that may expand the functionality of the designated product. Apps may also include updates, upgrades and other modifications and versions that the customer can use later or can download from Festo. The customer agrees to be bound to the restrictions of the use of apps which may be specified by Festo in the relevant product description and/or in the License Agreement.
6.2 When an app is acquired by a purchase by the customer, the purchase shall be governed by the Terms and Conditions.
6.3 The use of an app by the customer is subject to the terms and conditions of the License Agreement.
7.2 Festo may withdraw or amend the Website, and any feature or material posted on the Website, in its sole discretion and without prior notice to the customer. Festo shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, regardless of its impact on any customer or other third party. Festo is at no time liable for any damages or consequential matters which may or may not be caused in any manner by the Website or its non-service. From time to time, Festo may restrict access to some parts of the Website, or the entire Website. Festo is entitled at any time to expand the offering in the Online Shop and App World and to provide new apps and services for payment or free of charge, and to modify, close or suspend the App World itself in whole or in part without any liability to the customer. In such cases, Festo may give consideration to the legitimate interests of the customer.
8.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, [video and audio], design, selection and arrangement thereof) are owned by Festo, its licensors, if any, or other providers of such material (the “Festo Materials”). The customer agrees not to reproduce, distribute, modify, create derivative works of, reverse engineer, publicly display, republish, download, store or transmit any of the Festo Materials except documents or materials uploaded by the customer or generated specifically in connection with the transaction between the customer and Festo such as quotations, purchase orders and invoices. The Website is protected by U.S. Copyright and other intellectual property rights in the U.S. and throughout the world.
8.2 The customer agrees not to use Festo’s or any of its affiliates’ names, trademarks and all related names, logos, product and service names, designs and slogans without the prior written consent of Festo.
8.3. Customer acknowledges and understands that Festo’s intellectual property includes the contents of the Website as well as the various patent, trademark, service mark, copyright, design, and other IP registrations made by Festo throughout the world, and as published via multiple online resources including the US Patent and Trademark Office and other countries’ intellectual property offices.
9.1 The customer acknowledges that Festo does not guarantee or warrant that files [and applications] available for downloading from the Website will be free of viruses or other destructive code. The customer shall be solely responsible for implementing sufficient procedures and checkpoints to satisfy his/her particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, FESTO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE CUSTOMER‘S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE CUSTOMER’S USE OF THE WEBSITE OR ANY FEATURES[, SERVICES] OR MATERIALS OBTAINED THROUGH THE WEBSITE OR TO THE CUSTOMER‘S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
9.2 THE CUSTOMER ACKNOWLEDGES THAT HIS/HER USE OF THE WEBSITE, ITS CONTENT, AND ANY FEATURES[, SERVICES] OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT HIS/HER OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY FEATURES[, SERVICES] OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FESTO NOR ITS AFFILATES OR ANY PERSON ASSOCIATED WITH FESTO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING. NEITHER FESTO, NOR ITS AFFILIATES OR ANYONE ASSOCIATED WITH FESTO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, FEATURES[, OR ANY SERVICES] OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT FESTO‘S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY FEATURES[, SERVICES] OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET THE CUSTOMER‘S NEEDS OR EXPECTATIONS.
9.3 TO THE FULLEST EXTENT PROVIDED BY LAW, FESTO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
9.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FESTO, ITS AFFILIATES, OR THEIR LICENSORS, IF ANY, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR FEATURES ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
12.1 The customer can find detailed information about Festo in its capacity as the operator of the Online Shop and App World here.
12.5. Festo makes no claims that the Website or any of its content is accessible or appropriate outside of the United States, its territories or possessions. Access to the Website may not be legal by certain persons or in certain countries. If the customer access the Website from outside the United States, its territories or possessions, the customer acknowledges that he/she shall be responsible for compliance with all applicable local laws, rules and regulations.