TERMS OF USE |
|
| General terms and Conditions for the free-of-charge download of software as provided via Fujitsu portals |
1. Scope of application, subject
These “General terms and conditions for the free-of-charge download of software as provided via Fujitsu portals“ (“Conditions“) apply for the free-of-charge download of software from all Fujitsu portals (“Fujitsu“). The download products including updates, upgrades, patches etc. (“Software“) provided by Fujitsu have been carefully selected, made available and – insofar as they originate from Third Parties (“Licensors“) – transferred without any modifications. Any obligation on the part of Fujitsu to offer free-of-charge Software or to provide free-of-charge any updates or upgrades etc. is herewith not established. Each Software package offered for free-of-charge download can be withdrawn by Fujitsu at any time without giving any reason.
2. Scope of use
In downloading the Software the respective person carrying out the download (“User“) is given the non-exclusive right to use the Software without any modifications on that person´s own system unit. Unless stipulated otherwise by mandatory law, the User is forbidden to carry out any of the following activities: modify or supplement the Software, reverse-engineer, compile or rework in any manner whatsoever, nor may any program parts be removed. If the Software originates from Licensors, the User in downloading the Software shall be obliged to adhere to the full scope of the respective conditions as defined by the Licensor. If copying the Software is allowed, the User must also copy the alphanumeric IDs, meta data, trademarks and copyright details etc. without making any changes.
3. Right to use
All rights covering the Software, in particular, all copyright, patent and trademark rights remain the property of Fujitsu or the respective Licensors. These rights are not transferred to the User in any manner whatsoever as a result of downloading the Software. Usage is only permitted with the approval of Fujitsu or the respective owner of the Software rights. Any infringements will be prosecuted according to civil and criminal law. The User may only provide or make accessible the Software to Third Parties if the Third Party has explicitly agreed to adhere to these Conditions. The same applies when transferring the right to use the Software to a Third Party. The right of the User to use the Software automatically and immediately expires if the User contravenes these Conditions in any form.
4. Software deficiencies
Unless otherwise explicitly specified by Fujitsu when downloading the Software, Fujitsu shall provide the Software free-of-charge and only in the state provided for the download and without any explicit or indirect assurance of specific features (e.g. a certain specification etc.). Unless binding legal requirements state otherwise, Fujitsu does not accept any liability for any type of deficiency, unless the deficiency has been caused by Fujitsu with intent or gross negligence or fraudulently concealed. Fujitsu is not liable in particular for any transmission errors and/or data exchange faults that occur during the download, e.g. network failure or interruptions, server failures, data corruption or similar.
5. Liability
When downloading the Software the User does so at the User´s own risk. Fujitsu accepts no responsibility whatsoever that the Software and/or documentation can be used or downloaded at the User´s location or that the Software and/or documentation may be downloaded at the User´s location. The User is solely responsible for the adherence to the applicable national law and respective regulations. The User is specifically and exclusively responsible for ensuring that the Software can be used for the User´s purposes as well as for its compatibility with other systems. Should the act of downloading the Software contravene any respective legal requirements, the download of the Software and/or documentation is explicitly forbidden. Fujitsu does not assume any liability for any damages to the User which arises directly or indirectly from downloading the Software, unless Fujitsu has caused the damage with intent or through gross negligence. In particular, Fujitsu assumes no responsibility for any damage that occurs in conjunction with the User not creating a daily data backup in a suitable form or for ensuring by other means that there is an immediate low-priced data recovery. Fujitsu does not pay any costs accrued in recovering lost data and information. Any claims of the User against Fujitsu that go beyond those explicitly defined in these Conditions are excluded, irrespective of the legal basis on which they arise, in particular due to operational interruption, lost profit, lost information and data etc. or consequential harm caused by a defect. Apart from that Fujitsu shall only be responsible for that degree of care which Fujitsu itself applies to its own affairs of a corresponding nature. The aforementioned restriction of Fujitsu liability does not apply if it contravenes binding legal requirements.
6. Export and import regulations,
Activities in conjunction with the Software items offered for Download may be subject to approval obligations, e.g. by reason of their nature or intended purpose. It is the sole responsibility of the User to obtain such approvals and the User is obliged to do so according to the applicable export control regulations particularly of the Federal Republic of Germany, the European Union (EU), the United States of America (USA) and/or any other affected country.
Activities in conjunction with the Software items offered for Download may not be carried out if there are reasons for suspecting that they may be used in connection with chemical, biological or nuclear weapons or for missile technology to be used for such weapons.
The User shall comply with the corresponding sanction lists issued by the European Union, the German Federal Government, US export authorities or any other relevant country, e.g. European Sanctions List, Denied Persons List as well as any other applicable advisory notices from the appropriate authorities as amended from time to time.
Shipments and services (the fulfilment of contract) shall be under the proviso that fulfilment is not being restricted by any national or international regulations, particularly export control regulations and embargoes or any other restrictions. Delays caused by export checks or licensing procedures shall override any lead times or deadlines stipulated that may have been agreed in this context. If any required licenses for certain items cannot be obtained, any corresponding contract on the delivery (if any) shall be considered as not concluded regarding the items in question; any and all claims for damages arising out or or in connection with this context including the above mentioned transgression of deadlines, shall be excluded.
With respect to all downloaded Software elements the user must observe the following:These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations. Items labeled with with a lock symbol  are subject to European / national export authorization. Items without label may require authorization from responsible authorities depending on the final end-use, or the destination. It is within the sole responsibility of each User to ensure the legal import and any necessary customs clearance of the software offered for download as well as to ensure the payment of any other fees or taxes due in this context.
7. Collection and storage of person-related User data
Verification duties under applicable export and import restrictions and/or a Fujitsu validation of the user’s entitlement to the download may require Fujitsu to collect, save, process and/or even forward specific personal data of the User (e.g. forename, surname, IP address etc.) to a third party (e.g. to the Software manufacturer or if an authority requests for respective information) in the course of the download process. Personal data will in particular have to be collected, stored and transmitted for verification if high encryption software is downloaded. By starting the download of the Software the User explicitly agrees to the above use of the requested personal data. Fujitsu’s use of such the personal data will be strictly limited to the above validation activities and Fujitsu will not otherwise process, store or transfer such personal data. By starting the download of the Software the User explicitly agrees to the above use of the requested personal data by Fujitsu.
8. Miscellaneous
If any provision in these Conditions is wholly or partially invalid, this is to have no impact on the validity of the other provisions, unless adherence thereto, while also observing the other legal regulations, represents unreasonable hardship. German law applies. The court of jurisdiction is Munich if such a place of jurisdiction may be agreed with the User. |
|
|
