Welcome to the HOB GMBH & CO. KG
("HOB") Web site (the "Web Site"). Please read the following
terms and conditions concerning the use of this Web
Site. By accessing, using or downloading any materials from the Web Site,
you agree to follow and be bound by these notices, terms and conditions (the
"Terms"). If you do not agree with these Terms, please do not
use this Web Site.
General use provisions
All materials provided on this Web Site, including but not limited to
information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided either by HOB
or by third party manufacturers, authors, developers and vendors ("Third
Party Providers") and are the copyrighted work of HOB and/or its
Third Party Providers. Except as stated herein, none of the Materials 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 other means,
without the prior express written permission of HOB. Also, you may not
"mirror" any Materials contained on this Web Site on any other
server without HOB's prior express written permission.
Except where expressly provided otherwise by HOB,
nothing on this Web Site shall be construed to confer any license offer
for license or sale under any of HOB's or any Third Party Provider's
intellectual property rights, whether by estoppels, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such
licenses. See the "Legal Contact Information" below if you have
any questions about obtaining such licenses. Materials provided by Third
Party Providers have not been independently reviewed, tested, certified,
or authenticated in whole or in part by HOB and as such, HOB makes no
warranty with respect to its contents. HOB does not provide, sell, license,
or lease any of the Materials other than those specifically identified as
being provided by HOB.
HOB hereby grants you permission to display, copy,
distribute and download HOB's Materials on this Web Site provided that:
(1) both the copyright notice identified below and this permission notice
appear in the Materials; (2) the use of such Materials is solely for
personal, non-commercial and informational use and will not be copied or
posted on any networked computer, broadcast in any media, or used for
commercial gain; and (3) the Materials are not modified in any way. This
permission terminates automatically without notice if you breach any of
these terms or conditions. Upon termination, you will immediately destroy
any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this
Web Site may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Links to third party sites
This Web site may contain links to web sites controlled by parties other
than HOB. HOB is not responsible for and does not endorse or accept any
responsibility for the contents or use of these third party web sites. HOB
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by HOB of the linked web site. It
is your responsibility to take precautions to ensure that whatever you
select for your use is free of viruses or other items of a destructive
nature.
Software use restrictions
Any software that may be made available to download from this Web Site
("Software") is the copyrighted work of HOB. Use of the Software
is governed by the terms of the end user license agreement that
accompanies or is included with the Software ("License
Agreement"). An end user agrees to the License Agreement terms by
installing, copying, or using the Software. The Software is made available
for downloading solely for use by end users according to the License
Agreement. Without limiting the foregoing, the copying or reproduction of
the Software to any other server or location for further reproduction or
redistribution is expressly prohibited. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED
IN THE LICENSE AGREEMENT, HOB HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software, which is downloaded from this Server for or on behalf of the
United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is HOB GMBH & CO. KG, Schwadermuehlstrasse 3, D-90556 Cadolzburg,
Germany
SUBMISSIONS
Except where expressly provided otherwise by HOB, all comments, feedback,
information or materials submitted to HOB through or in association with
this Web Site ("Submissions") shall be considered
non-confidential and HOB's property. By providing such Submissions to HOB,
you agree to assign to HOB, at no charge, all worldwide rights, title and
interest in copyrights and other intellectual property rights to the
Submissions. HOB shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not HOB,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HOB, THE MATERIALS ON THE WEB
SITE ARE PROVIDED "AS IS" AND HOB HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID. HOB MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES,
OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
HOB SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. IN NO EVENT SHALL HOB BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN
IF HOB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT
MAKE A CLAIM AGAINST HOB FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT,
WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU
AGREE TO HOLD HOB HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOB FOR, ANY
CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
HOB controls and operates this Web Site from its headquarters in various
locations in the United States of America and Germany and makes no
representation that these Materials are appropriate or available for use
in other locations. If you use this Web Site from other locations, you are
responsible for compliance with applicable local laws including but not
limited to the export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or promotional materials found
on this Web Site are solely directed to individuals, companies or other
entities located in the United States of America and Canada. You
acknowledge and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Materials contrary
to U.S. law is prohibited. You agree that none of the Materials, nor any
direct product there from, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, nor be used for nuclear activities,
chemical biological weapons, or missile projects unless authorized by the
U.S. Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo are: Cuba,
Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject
to change without further notice from HOB, and you must comply with the
list, as it exists in fact. You certify that you are not on the U.S.
Department of Commerce's Denied Persons List or affiliated lists or on the
U.S. Department of Treasury's Specially Designated Nationals List. You
agree to comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be
required.
GENERAL
This Web Site may include inaccuracies or typographical errors. HOB and
the Third Party Providers may make improvements and/or changes in the
products, services, programs, and prices described in this Web Site at any
time without notice. HOB may periodically make changes to the Web Site. No
choice of law rules of any jurisdiction will apply. These Terms represent
the entire understanding relating to the use of the Web Site and prevail
over any prior or contemporaneous, conflicting or additional,
communications. HOB has the right to revise these Terms at any time
without notice by updating this posting. Any rights not expressly granted
herein are reserved by HOB.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and
may not be copied or imitated in whole or in part. No logo, graphic, sound
or image from the Web Site may be copied or retransmitted unless expressly
permitted by HOB.
HOB, the HOB logo, HOBLink, HOBLink J-Term, HOBLink JWT,
and other HOB product names referenced herein are registered trademarks or
trademarks of HOB GmbH & CO. KG in the Germany and other
jurisdictions. All other product names, company names, marks, logos, and
symbols are trademarks of their respective owners.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to
request permission to use any Materials, please contact HOB (914)
239-5261.
