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Terms of Service

Terms of Service of the Jenoptik Metrology Extranet Platform

The Jenoptik Metrology Extranet Platform (hereinafter “Platform”) is operated by JENOPTIK Industrial Metrology Germany GmbH (hereinafter “Operator”). Its purpose is to provide information and documents for the Operator’s sales partners. There is no obligation to provide the Content via this Platform, and this is a voluntary and free service offered by the Operator.

Purpose and Content

The Platform is exclusively intended for sales partners (authorized dealers, commercial agents or similar) of the Operator. Only these are considered authorized users within the meaning of these terms of service and will be authorized as users by the Operator.

Via the Platform, authorized users will obtain access to various information and documents such as brochures, data sheets, images, videos, presentations, technical documentation, customer newsletters, product releases or information on events (hereinafter “Content”). This Content is intended to support the authorized users in the sale of the corresponding products and can generally be used to promote the products.

If individual Content may not be disclosed to third parties, such as because it may only be used as information for the authorized user themselves, this results from the nature of the relevant Content or this Content is marked accordingly.

The Content may not be used for purposes other than those mentioned above, and in no event may it be disclosed to competitors of the Operator.

Copyright and industrial property rights

All Content, texts, images, diagrams, drawings, calculations, sound, video and animation files and other documents as well as trademarks and other company symbols on this Platform and in the downloadable files are subject to copyright law, trademark law and other laws protecting intellectual property. Copyrights belong to the relevant authors, the usage and exploitation rights belong to the Operator or its licensees.

Duplication, disclosure to third parties and publication is permitted provided that this takes place to promote sales or to advertise the corresponding products and provided that the disclosure to third parties is not excluded due to an appropriate marking or due to the nature of the respective Content, such as because the relevant Content is only intended as information for the authorized user itself. Disclosure to competitors of the Operator is in any case not permitted.

The use is exclusively limited to the purpose described above. As far as a distribution agreement is in place, the use is permitted according to the provisions therein. The Content may not be edited or modified without the prior written consent of the Operator.

Use of Jenoptik trademark by third parties

The use of the Jenoptik trademark by third parties is subject to a corresponding user agreement. Such a user agreement is in principle already part of the relevant distribution agreement.
These terms of service expressly do not grant any right or license to use the Jenoptik trademark, and the authorization to use this Platform also does not constitute such a right.

Registration and access codes

By using the Platform under these terms, you assure that

  • You are an authorized user as defined herein
  • You will not disclose the user ID and password you received after registration to anyone, and
  • Your registration details are correct and complete, and
  • You will immediately inform the Operator of any change to your registration details.

You agree that

  • You are responsible for any use of the Platform which is undertaken using your user ID and your password,
  • You have taken care to protect your user ID and your password against unauthorized use,
  • You are obliged to immediately inform the Operator if you notice or suspect improper use of your access details.

The usage authorization shall end 1 year after the login details are activated. The user can request an extension of its usage authorization at any time. In order to avoid interruptions, the application should be made at least one month before expiry of the usage authorization.

The Operator may suspend access to the Platform in part or in full or block the usage authorization (access with user ID and password) if the Platform or its Content are used, whether by an authorized or unauthorized user or by a third party, in such a manner that the Operator considers to be a breach of these terms of service or which may otherwise lead to a disadvantage for the Operator.

Exclusion of liability

The Content of this Platform have been created with care. However, the Operator provides no guarantee that the information is accurate, up-to-date and complete and that it is suitable for a certain purpose. The Operator expressly reserves the right to modify, supplement, delete or suspend publication of all the information and documents posted.

An uninterrupted accessibility cannot be guaranteed on an online service, a corresponding liability of the Operator is excluded. Any unavailability of the Platform does not release the user from their obligations under a distribution agreement or other contracts with the Operator.

In all other respects, the Operator is liable in accordance with the law for damages to life, body and health which can be attributed to negligent or willful breach of duty by the Operator, its legal representatives or vicarious agents. For damage which is not covered by the above sentence and which can be attributed to intentional or grossly negligent breach of contract by the Operator, its legal representatives or vicarious agents, the Operator shall also be liable in accordance with the law.

The Operator is also liable for damage caused by simple negligence, insofar as this damage are based on a breach of rights to be granted to the user in accordance with the content and purpose of this usage agreement and/or a breach of duty, the fulfilment of which is essential for the proper performance of the Terms of Service and on whose compliance the contract partners regularly rely and may rely (material contractual obligation). Liability for such damage is limited to the amount of foreseeable and typical damage for such usage agreements.

The Operator is not liable for direct or indirect damage arising from the use of the Content of the Platform, insofar as none of the above instances of liability applies.

Modification of the terms of service

The Operator reserves the right to modify these terms of service at any time without stating reasons. The Operator shall promptly inform the user of modifications to the terms of service. If the user does not object to the validity of the new terms of service within 14 days of receiving the notification, the modified terms of service shall be deemed accepted by the user.

Modification of the scope of service

The Operator is not obliged to provide the Platform for use in the previous extent or at all on a permanent basis. The Operator is entitled to suspend the operation of the Platform permanently or temporarily, if necessary without notice.

Choice of law and severability clause

These terms of service and the use of the Platform and its Content are subject to German law, even if the Platform or its Content are used outside the Federal Republic of Germany.

Should individual provisions of these Terms of Service be invalid or unenforceable or become invalid or unenforceable at a later stage, the validity of the remaining provisions of the Terms of Service shall remain unaffected. In such a case, the parties undertake to replace the invalid provision with a legally permissible provision which most closely approximates the economic objectives.

Version: 11/2018