Terms and Conditions

Terms of Use

Acceptance of Terms of Use of this site (“Site”) constitutes a legal agreement between you and MAXON Computer GmbH. By accessing, browsing and/or using this Site you acknowledge that you have read, understood, and agree to be bound by its Terms of Use. Please review the Terms of Use. If you do not agree to these terms, do not use this Site and the materials provided on this Site.

Copyright Information

The copyright on all material provided on this Site is held by MAXON Computer GmbH and its subsidiaries (MAXON Computer Inc. and MAXON Computer Ltd.) or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MAXON Computer or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without MAXON Computer’s permission, use the materials for the development, production or marketing of other materials, works or media of any kind and/or “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms. Upon termination, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Privacy Policy

The protection of personal information submitted to us is very important. We strictly adhere to prevailing German Data Protection Act (BDSG), the German Telemedia Act (TMG) and other privacy protection provisions of the Federal Republic of Germany. For privacy protection issues outside of Germany we will, of course, adhere to respective privacy protection provisions.

Your personal information is transmitted via SSL (a network protocol for the secure transmission of data) in encrypted form. The Site is protected against damage, destruction or unauthorized access.

Object of Privacy Policy

Object of the Privacy Policy are details regarding personal information or personal or factual circumstances about a specific determinable person according to § 3 Abs. 1. BDSG. Included is information such as name, postal address, e-mail address or telephone number.

Scope of Data Gathering, Storage and Use

We gather and store your personal information for the purposes of rendering services or as necessary for contractual fulfillment. Your information is used by MAXON to make using the Site and the materials as pleasant and comfortable as possible.

Your personal information will not be given to third parties without your expressed consent unless it is required for providing services or contractual fulfillment. It may, however, be necessary to supply your personal information to certified MAXON partner companies that MAXON implements to provide certain services. We will require that the recipient of the personal information agrees to process such information in compliance with our Privacy Policy and applicable data protection laws.

Transmission of personal information to authorized government institutions or authorities will only be done according to the statutory obligation to provide such information or if obliged to do so in accordance with a court order.

Acceptance

By accessing, browsing and/or using this Site, you agree to comply with all applicable laws and regulations, including the export and re-export control laws and regulations of Germany, the United States of America and the United Kingdom. This Site is controlled and operated by MAXON Computer from its offices and servers within Germany, the United States, and the United Kingdom. MAXON Computer makes no representation that materials on the Site are appropriate or available for use in other locations. Access to the materials on this Site from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of MAXON Computer and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. MAXON Computer aggressively enforces its intellectual property rights to the fullest extent of the law. The name of MAXON Computer or the MAXON Computer logo may not be used in any form, including advertising or public display pertaining to distribution of materials on this Site without prior written permission. MAXON Computer prohibits use of the MAXON Computer logo as a “hot” link to any MAXON Computer site unless written approval to establish such a link is granted in advance by MAXON Computer. Any questions concerning the use of Trademarks owned by MAXON Computer should be referred to MAXON Computer Inc., 2640 Lavery court suite a, Newbury Park, CA 91320, USA, tel: 805-376-3333 or MAXON Computer GmbH, Max-Planck-str. 20, D-61381 Friedrichsdorf, Germany, or MAXON Computer Ltd., The old school Greenfield, Bedford, MK45 5DE, England.

Disclaimer of Warranty

This Site and the materials on this Site are provided “as is” without warranties of any kind either express or implied. The Site and the materials may be incorrect, incomplete and may have defects that could cause program malfunctions, program crashes, system failures and loss of data. The Site and the materials may not be merchantable, fit for a particular purpose, or non-infringing. MAXON Computer does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of the Site and the materials on this Site or any sites linked to this Site. MAXON Computer is under no obligation to provide technical maintenance and support, to rectify defects and to restore failed systems and lost data.

Limitation of Liability

MAXON Computer shall be liable without limitations (1) in case of intent and gross negligence; (2) in case of injuries to life, body or health; (3) pursuant to the terms of the German Product Liability Act; and (4) under a guarantee granted by MAXON Computer. MAXON Computer’s liability for slightly negligent breaches of cardinal duties shall be limited to such damage which was foreseeable and typical for the intended use of the Site and the materials. Cardinal duties are duties of MAXON Computer which enable the use of the Site and the materials and which you may therefore rely on. Any other liability of MAXON Computer is excluded. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and may be used by MAXON Computer or its affiliates to operate the Site and to provide the materials. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane or any other material that could give rise to any civil or criminal liability under the law.

Term of Use Revisions

MAXON Computer may at any time revise these Terms of Use. You may access and review the revised terms on this Site, and your continued use of this Site means that you accept those revised terms.

Liability notice

Despite thorough examination of contents, MAXON Computer assumes no liability for the content of external links. The operators of the linked sites are exclusively responsible for their content.

Applicable Law and Jurisdiction

The Terms of Use are governed by the laws of Germany, but excluding the principles of conflict of laws and the United Nation Convention on the International Sale of Goods (CISG). You agree to the exclusive jurisdiction of the competent courts of Frankfurt am Main, Germany, in respect of any proceeding, suit or action arising out of or in connection with these Terms of Use, this Site and/or the materials.

Legal Notice

MAXON Computer GmbH

Max-Planck-Str. 20

61381 Friedrichsdorf

Germany Phone: +49 (0) 6172 / 59 06 0

Fax: +49 (0) 6172 / 59 06 30

General information: info@maxon.de

Sales & Marketing: sales@maxon.de

Press: presse@maxon.de

Authorized company representatives

Uwe Bärtels, Harald Egel, Harald Schneider

Court of registration: District court Bad Homburg v. d. Höhe

Registration number: HRB 6049

VAT ID number according to § 27 a sales tax law: DE 113864088