Terms of use

OSRAM - Terms of use

1. Scope
1.1 Any use of this web site ("OSRAM Web Site") provided by OSRAM GmbH and/or its subsidiaries ("OSRAM") is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. Log-ins to this web site or, where a log-in is not required, accessing or using this web site, signifies acceptance of these Terms of Use in their then current version.

1.2 Provided the User is using the OSRAM Web Site as a business customer, i.e. for purposes of his or her trade, business or profession or on behalf of a public body or corporation, article § 312e paragraph1, sentence 1, no. 1 - 3 of the German Civil Code does not apply.

2. Services
2.1 The OSRAM Web Site contains specific information and software, as well as - as the case may be - related documentation for viewing or downloading.

2.2 OSRAM reserves the right to cease operation of the OSRAM Web Site, in part or in its entirety, at any time. Due to the nature of the Internet and computer systems, OSRAM cannot accept any liability for the continuous availability of the OSRAM Web Site.

3. Registration, Password
3.1 Some pages of the OSRAM Web Site may be password protected. In the interests of safety and security of business transactions, only registered Users are permitted to access such pages. OSRAM reserves the right to deny registration to any User. OSRAM particularly reserves the right to demand User registration for pages which were previously freely accessible. OSRAM 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

provides incorrect data for the purpose of registration,
violates these Terms of Use or neglects to exercise sufficient care in handling his or her User Data,
violates any applicable laws in accessing or using the OSRAM Web Site,
did not use the OSRAM Web Site for a longer period of time.

3.2 During registration, the User shall give accurate information, and, where such information changes in the course of time, shall update this information (online, to the extent possible) without undue delay. The User shall ensure that his or her e-mail address, as supplied to OSRAM, is current at all times and is 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 change the password provided by OSRAM into a password known only to the User. User Data allows the User to view of change his or her own data or to withdraw or grant consent to processing of his or her data.

3.4 The User shall ensure that User Data is not accessible to third parties and is liable for all transactions and other activities carried out under his or her User Data. At the end of each online session, the User shall log-off from the password protected area. If, and to the extent, the User becomes aware that third parties are misusing his or her User Data, the User shall notify OSRAM thereof without undue delay in writing, as well as by immediate e-mail where applicable.

3.5 After receipt of the notification in section 3.4, OSRAM 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 OSRAM or upon new registration.

3.6 The User may at any time request termination of his or her registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such an event, OSRAM will delete all User Data and any other personal data related to the User as soon as this data is no longer needed.

4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made available on this OSRAM Web Site is subject to these Terms of Use. Separately agreed license terms take priority over these Terms of Use.

4.2 OSRAM grants the User a non-exclusive and non-transferable license to use the information, software and documentation made available to the User on the OSRAM Web Site to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by OSRAM in making the same available, provided none of the restrictions in section 5 apply.

4.3 Software shall be made available free of charge in object code. There shall be no obligation for source code to be made available. This shall not apply to source code of Open Source software, the license conditions of which take priority over these Terms of Use when the said software is passed on and which demand availability of the source code. In such case OSRAM shall make the source code available in return for the payment of incurred costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time, nor may it be rented or made available in any other way. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties and 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.

4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

5. Intellectual Property
5.1 The materials provided on the OSRAM Web Site, including all content, information, photographs, illustrations, graphics, names, trademarks and logos, are the property of OSRAM GmbH or its licensors and are protected by copyright and trademark laws and other intellectual property rights. Materials are for personal, non-commercial use only. Notwithstanding the particular provisions in section 4 of these Terms of Use, the contents of the OSRAM Web Site as described above may not be changed, copied, reproduced, sold, rented, used, supplemented or utilised in any other way without the prior written permission of OSRAM GmbH.

5.2 Nothing contained in the above shall be construed as granting by implication or otherwise any license or right to use any patent, trademark or any other intellectual property right of OSRAM GmbH. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.

5.3 The word and device trademark OSRAM, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM GmbH. Eventually, registrations have not yet taken place in all relevant countries.

5.4 Use of these names and trademarks requires express permission of OSRAM GmbH. The use of the name OSRAM as a reference is permitted, e.g. for a link to this web site. OSRAM GmbH must receive prior notification of such use.

6. Duties of the User
6.1 In accessing or using the OSRAM Web Site, the User shall not

harm other persons, in particular minors, or infringe their personal rights;
breach public morality in his or her 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;
distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material; additionally, the User shall not solicit participation in any lottery, snowball system, chain letter, pyramid game or similar activity

6.2 OSRAM may deny access to the OSRAM Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks
The OSRAM Web Site may contain hyperlinks to the web pages of third parties. OSRAM 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. OSRAM 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
8.1 For all kinds of damages, we shall be liable in accordance with the legal provisions only in the event of (1) intent and gross negligence, (2) in cases of damage to health, physical injury or death, (3) in case of the assumption of delivery or quality guarantees, (4) in cases of malicious concealment and (5) in cases of claims based on the Product Liability Act. If we are in culpable breach of an essential obligation or if the client is entitled to claims for compensation of damage in place of performance, the liability shall be limited to compensation for typically occurring, foreseeable damages. No other claims for damages (e.g. consequential damages) may be asserted against us. Essential obligations shall mean for the purpose of these terms those obligations protecting the customer´s essential legal positions, which the contract is meant to grant according to its content and purpose; in addition, those obligations, enabling the fulfilment of the contract and regularly trusted on by the customer are deemed to be essential obligations (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description).

8.2 The information on the OSRAM 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 upon in each case at the time of purchase.

9. Viruses
Although OSRAM makes every effort to keep the OSRAM Web Site free from viruses, OSRAM cannot make any guarantee that it is virus-free. The User shall, for his or her own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

10. Export Controls
The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorisation. The User shall strictly conform to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. OSRAM shall label such information, software and documentation requiring authorisation in accordance with German and EU export control lists and the U.S. Commerce Control List.

11. Data Privacy Protection
For collecting, using and processing personal data of OSRAM Web Site Users, OSRAM complies with applicable laws on protection of data privacy and the OSRAM data privacy protection policy, available on the Internet under Privacy.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.1 Any supplementary agreement requires the written form.

12.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

12.3 The individual pages of the OSRAM Web Site are operated by and administered by OSRAM and/or its subsidiaries. The pages comply with the law applicable in the country where the responsible company has its business residence. OSRAM accepts no responsibility for the fact that said information, software and/or documentation on the OSRAM Web Site can be viewed or downloaded at locations outside such a country. If Users access the OSRAM Web Site from outside such a country, they are exclusively responsible for compliance with all applicable local laws. Access to the OSRAM Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In such cases, and where the User wishes to enter into a business relationship with ORSAM, the User is asked to contact the OSRAM representative in the respective country.

12.4 These Terms of Use shall be governed by German law. The place of jurisdiction shall be Munich. The application of the German Uniform Code on the Formation of Contracts for the International Sale of Movable Goods of 17 July 1973 and the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

April 2006