Registration Conditions

Content

General terms and conditions for using the services of the Bosch Rexroth AG acces-sible via the website www.boschrexroth.com (status: December 2013)

These terms and conditions for the use by you, the end user (“User”) of the services offered by the website ) of Bosch Rexroth AG, zum Eisengießer 1, 97816 Lohr/Main, Germany (“Provider”) apply in the version effective on the date on which the contract is executed.

§ 1 Service offer and availability

  • 1. The website of Bosch Rexroth is a platform offering various services from which you as the User may download, among other things, information.
  • 2. Available services may include e.g. the provision of data, contributions, picture and sound documents, information and other contents (hereinafter collectively referred to as “Content”). In addition you may become part of the Bosch Rexroth Community and set up a public profile for yourself in order to participate in discus-sions and exchange of opinions. The range of the available services can be found in our description of services under www.boschrexroth.com/network.
  • 3. We reserve the right to supplement the services offered by Bosch Rexroth on the website or to temporarily limit the use of the provided services. You as User have no claim for the continued provision of certain services or parts thereof.
  • 4. For the use of certain services it will be necessary for you to register. The registra-tion for using certain services on the Bosch Rexroth website is free. However, we reserve the right to offer certain services only against a fee (“Premium Member-ship”). Fee-based services are always identified as part of the Premium Member-ship. Details about taking advantage of these services can be found in § 4.
  • 5. No right exists for the uninterrupted use of the free services. There is no warranty that access or use of the services on the Bosch Rexroth website will not be inter-rupted or impaired by maintenance work or new developments, or will be other-wise interrupted or impaired by problems that may include the loss of data. Our goal is the most problem-free use of the Rexroth services, but temporary re-strictions or interruptions caused by technical problems may occur (e.g. interrup-tion of the power supply, hardware and software errors, technical problems in the data lines). We warrant an availability of 95.0% on an annual average with regard to fee-based services in our area of responsibility (also for those accessible within the basic access). Not part of the calculation of the availability are the regular maintenance windows of the Bosch Rexroth website, which fall between the hours of 0:00 and 4:00 each morning.

§ 2 Registration on the Bosch Rexroth website

  • 1. In order to register for the services on the Bosch Rexroth website you must be of age. Minors and persons whose access authorization was permanently revoked may not register. In course of the registration process you will be asked to indicate your access data. These consist of your e-mail address and a freely chosen password. No other contact data are required for registering for the free services on the Bosch Rexroth website. However you have the option to provide voluntarily other contact and payment data when registering. These data or parts thereof must however be provided if you want to make use of a fee-based membership.
  • 2. If certain data (in particular contact and payment data) have to be provided during registration or when using the services provided on the Bosch Rexroth website, you must provide these in complete and correct form. If these data change in course of your user relationship, you must correct the data in your personal profile on the Bosch Rexroth website immediately. If costs are incurred in connection with incorrect information (for instance wrong account entries based on wrong account information), you are responsible for these costs.
  • 3. If you are invited to sign up for fee-based services during registration, you will be quoted the respective costs during the registration process. In this case you have the option during registration whether you want to use only the free services or also the fee-based services. The fee-based services may be ordered later at any time after the free registration. You will be advised of the user fees payable for the fee-based services during the registration process.
  • 4. When you send off your registration data you make an offer to us to sign a user contract on the basis of these terms and conditions of use. The decision whether to accept your offer is at our free discretion. If your registration is not confirmed within a reasonable period by e-mail sent to the e-mail address indicated by you, you are no longer bound by your offer. With the receipt of the e-mail confirmation you enter into a user contract with us and we activate the requested access. After activation you have the right to use the services on the Bosch Rexroth website in context of these terms and conditions of use. For this purpose you must first con-firm the activation by clicking the link shown in the e-mail.
  • 5. You may register on the Bosch Rexroth website only once. Your registration, the user contract and the user account together with the access data are not transfer-able. As a rule we do not check your identity or the data provided by you during registration. We and the Bosch Rexroth Web site assume therefore no guarantee that each profile holder is the person which he or she pretends to be.
  • 6. If available as a function on the Bosch Rexroth website, you may organize your user profile in context of these terms and conditions of use individually according to your own ideas. Please find the details in the description of services.
  • 7. Should you want to become an active user of the Community offer of the platform and publish your own contributions, you must indicate a Community user name for this purpose. It is your responsibility to make sure that the Community user name does not infringe any rights of third parties, in particular name or trademark rights, and does not violate legal regulations or concepts of common decency.

Please note: If the purpose of your request cannot be attributed either to your business activities or your independent professional activities, you as user have a legal right to cancel it. Details about your cancellation right can be found in the cancellation instructions.

§ 3 Responsibility for the access data

  • 1. You must keep your access data including your password confidential and you may not give these data to an unauthorized third party under any circumstances.
  • 2. It is your responsibility to make sure that only you or persons authorized by you have access to the services of the Bosch Rexroth website and the use of the ser-vices provided on the Bosch Rexroth website. If you fear that unauthorized third parties have or might have knowledge of your access data, you must immediately inform the provider.

Please note: You are fully responsible for any use or other activity on the Bosch Rexroth website carried out using your access data.

§ 4 Use of fee-based services/Premium Membership

  • 1. On the Bosch Rexroth website you have the option of using both free and fee-based services. Fee-based services will be offered to you in context of the Premi-um Membership. If the use of a service (including the downloading of content) is subject to a fee and if you have not already ordered a Premium Membership dur-ing registration, you will receive an online communication regarding the resulting costs, payment terms, contract term and termination of the fee-based Premium Membership as well as other relevant details before opening the access option to the respective service. You then have the option of ordering the Premium Mem-bership with a mouse click on the order button.
  • 2. By clicking the order button you declare your binding offer to use a Premium Membership. Your offer is accepted with the activation of the Premium Member-ship. The present terms and conditions of use, as well as possible other conditions about which you were informed before using the Premium Membership, apply also to this user contract. Please note: If the purpose of your request cannot be attributed either to your business activities or your independent professional activities, you as user have a legal right to cancel it. Details about your cancellation right can be found in the cancellation instructions.
  • 3. All indicated fees include the applicable value-added tax. The fee for the Premium Membership used by you will be handled via a contracted payment service pro-vider. This provider will be communicated to you before you sign the contract.
  • 4. Unless stipulated otherwise, the fee you owe under the contract will be charged to you monthly in arrears. We will bill you only electronically by sending you the invoice by e-mail. If in your profile setting you selected to receive the invoice by regular mail, you may have to pay the additional costs (processing and postage costs). The cost of sending the invoice by mail will be indicated to you when you select the shipping method.
  • 5. During an agreed-upon test or trial period the fee-based contractual services will be provided free of charge.
  • 6. You may assert a retention right only if it is based on the same contract. You may offset only undisputed or legally valid claims against our claims.

§ 5 Blocking access

  • 1. The provider may temporarily or permanently block your access to the Bosch Rexroth website overall or to individual services at its own discretion if there is concrete evidence that you have violated or currently violate these terms and conditions of use and/or applicable law, or if we have another justified interest in the blockage. We will take your justified interests into consideration when making the decision to block your access. If you violate these terms and conditions of use repeatedly in spite of a warning, we reserve the right to permanently deny you ac-cess and to permanently exclude you from any future participation in the services of the Bosch Rexroth Website.
  • 2. In case of a permanent blockage of your access authorization, you will be in-formed by e-mail accordingly.
  • 3. In case of a temporary blockage the access authorization will be re-activated after the expiration of the blockage period or the final disappearance of the cause of the blockage, and you will be informed by e-mail accordingly. A permanently closed access authorization cannot be restored.

§ 6 Termination of the use period

  • 1. You may terminate your free access at any time by terminating your membership and de-registering the services. We also reserve the right to terminate your free access overall or to individual services at fourteen (14) calendar days' notice.
  • 2. The minimum contract term agreed upon during registration applies to the fee-based access to the Premium Membership, beginning with the confirmation of your order. When the minimum contract term expires, the Premium Membership is extended automatically by three (3) months at a time unless one of the parties terminates the Premium Membership [in the setting of your Bosch Rexroth Web site Membership] by regular mail or by e-mail after observing a notice period of fourteen (14) calendar days before the expiration of the minimum contract term and/or the respective extension period.
  • 3. With the effective date of the termination of the Premium Membership your access to the fee-based services provided on that basis ends. In case of an overall termination of your (free and if applicable fee-based) Bosch Rexroth website membership your user name as well as your password will be blocked as of the termination date.
  • 4. In case of an overall termination of your Bosch Rexroth website membership we have the right to permanently delete all data accumulated in context of your Bosch Rexroth website membership after 30 calendar days from the effective date of the termination and after the expiration of any legal exclusion periods. The regulations of data protection apply with priority to your personal data, which may provide also for a shorter period for deletion.

§ 7 Scope of the permitted use, code of conduct, monitoring user activities

  • 1. Your use authorization is limited to accessing the services of the Bosch Rexroth website and using the services provided by the Bosch Rexroth website in the con-text of the terms and conditions of use.
  • 2. You are responsible for creating the technical requirements necessary in your area of responsibility for the contractually stipulated use of the services (in particular hardware, Web browser and Internet access). We or Bosch Rexroth do not owe you any advice in that matter.
  • 3. The Bosch Rexroth website provides various services which will allow you to communicate and interact with other users of the Bosch Rexroth website. For the use of these services you are obligated to abide by our code of conduct shown in the Community Rules. If you violate this code of conduct, your access to the Bosch Rexroth website may be temporarily or permanently blocked by the provid-er.
  • 4. It is pointed out that user activities may be monitored to the extent legally permitted under the Telemedia Act and the Federal Data Protection Act, or that we might have a legal obligation to do so. This includes possibly also the logging of IP connection data and discussions as well as their analyses in case of a concretely suspected violation of these participation and use conditions and/or in case of a concretely suspected presence of another illegal action or criminal offense.

§ 8 Protection of the content, responsibility for the content of third parties

  • 1. The contents available on the Bosch Rexroth website are primarily protected by copyright, trademark and antitrust law or by other intellectual property rights and are owned by us, by our customers or by other third parties who have provided the respective contents. The compilation of the contents on the Bosch Rexroth website as such is also protected by copyright. You may use these contents only in accordance with the terms and conditions of use as well as within the scope in-dicated on the Bosch Rexroth Web site.
  • 2. The contents available on the Bosch Rexroth website originate partly from us and partly from other users and/or other third parties. The contents of users and other third parties are referred to hereafter collectively as “third-party content”.
  • 3. We do not check third-party content for completeness, correctness or legal validity and therefore assume no responsibility or warranty for the com-pleteness, correctness, legal validity or up-to-dateness of third-party con-tent. This applies also to the quality of third-party content and its suitability for a certain purpose.

§ 9 License right to contents available on the Bosch Rexroth website

  • 1. Insofar as continuing use is not explicitly allowed in these terms of use or on the Bosch Rexroth website or made possible on the Bosch Rexroth website with a re-spective function (e.g. download button),
    • you may retrieve and show the online contents available on the Bosch Rexroth website exclusively for your own personal purposes and if you are a natural person, for the purpose of family members residing in the same household. If you are using the Bosch Rexroth website in the scope of your commercial or professional activities, you may use the contents available on the Bosch Rexroth website exclusively for your own internal business purposes. A commercial use exceeding this is prohibited (also see sec. 11). This right of use is limited to the duration of your contractual participation in the Bosch Rexroth website;
    • It is prohibited for you to process, to change, to translate, show or present, publish, copy or distribute (including the use of so-called I-Framing) the fee-based contents on the Bosch Rexroth website as a whole or in part. It is also prohibited, to remove or change copyright notices, logos and other identifiers or references to intellectual property rights.
  • 2. You are only authorized to download contents (“Download”) as well as to print contents, insofar as a possibility for download and respectively printing is available on the Bosch Rexroth website as a function (e.g. via a download button).
  • 3. You obtain a right of use, unlimited in time and non-exclusive, to the contents you properly downloaded, for the use for your own purposes or for the purposes of family members living in the same household. Insofar as they are contents that are delivered to you for a fee, the further requirement for this assignment of rights is the full payment of the respective contents. Moreover, all rights to the content remain with the original holder of rights.
  • 4. The obligating statutory rights (including copying for private and other use accord-ing to Sec. 53 German Copyright Act [UrhG]) remain unaffected.

§ 10 Posting own contents by you

  • 1. Insofar as available as a function on the Bosch Rexroth website, you may post contents on the Bosch Rexroth website under observation of the following regula-tions and make these available to third parties, if this option is provided in the re-spective service.
  • 2. With the transmittal of contents, you respectively grant us the non-exclusive, free-of-charge, transferable right, unlimited in time, place and content, to utilize the transmitted contents online and offline, in particular to make contents publicly available, to copy, distribute and process them. The prior assignment of rights for public access and utilization of the transmitted contents does not apply to such in-formation that you have clearly not posted for the general publication on the Bosch Rexroth website. Such information will only be passed on to third parties, if this is initiated by you personally (e.g. appointment scheduling with service providers, availability of the access by third parties to these contents) or if you have expressly consented. The assignment of rights particularly includes the right
    • to store the contents on our servers as well as other storage media as well as their distribution and publication, particularly their public accessibility (e.g. through display of the contents on the Bosch Rexroth website),
    • to process and copy, insofar as this is necessary for the display of the respec-tive content, in particular to change, reduce, complete and combine the con-tents with advertisement media,
    • to assign - also in return for payment - rights of use of these contents to third parties.
  • 3. Insofar as you make contents accessible to partners of ours (workshops or other partners) in the scope of the offered services, you grant them a simple, free-of-charge right of use to these contents, limited in content, place and time according to the order in the scope of the contractual relationship.
  • 4. Insofar as we expressly offer the possibility to you to remove once transmitted contents from the Bosch Rexroth website, the prior granted right of use and utili-zation expires with the deletion of the content. However, we remain entitled to re-tain any copies made for the purpose of back-up and/or evidence. The rights of use that you have assigned to partners in the scope of your orders, also remain unaffected.
  • 5. In case of reference to external Internet offers via hyperlink and/or inclusion of ex-ternal information sources in own contents, you will check the content beforehand. We are not assuming any responsibility for them. You will hold us harmless against any claims by third party. E-mail address and non-activated web addresses (URLs) and parts thereof are also to be considered hyperlinks. 6. You are entirely responsible for the content posted by you. We do not resume any examination of the contents for completeness, correctness, legality, currentness, quality and suitability for a designated purpose.
  • 6. You are entirely responsible for the content posted by you. We do not resume any examination of the contents for completeness, correctness, legality, currentness, quality and suitability for a designated purpose.

You assure us that you are the sole holder of all rights to the contents transmitted to the Bosch Rexroth website, or otherwise authorized (e.g. through valid authorization by the holder of the rights), to post the contents to the Bosch Rexroth website and to grant the rights of use and utilization as stated above. This applies in particular to third party copyrights, trademark rights or patent rights as well as commercial and/or competitive ancillary rights and personal rights. You furthermore commit not to post any con-tents that violate applicable law.

§ 11 Prohibited activities

  • 1. A commercial use is exclusively permitted in the scope stated in sec. 4. Part of the prohibited commercial use are in particular
    • all offers and advertisement of fee-based contents, services and/or products namely proper ones and those of third parties,
    • all offers, advertisement and executions of activities with commercial back-ground, like promotional contests, lotteries, exchanges, newspaper ads or snowball systems,
    • any electronic and respectively other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for the sending of un-solicited e-mails), and
    • the utilization in return for payment of the services available on the Bosch Rexroth website including the associated contents.
  • 2. You are prohibited from any activities on and respectively in context with the Bosch Rexroth website that violate applicable law, third party rights or the princi-ples of the protection of minors. In particular, you are prohibited from the following actions:
    • the posting, the distribution, the offer and the advertisement of content, ser-vices and/or products of fraudulent or pornographic nature or that violate laws for the protection of the youth, data privacy laws and/or other laws;
    • the utilization of contents, through which other users or third parties are insulted or slandered;
    • the use, the supply and the distribution of contents, services and/or products that are protected by law or that are burdened with third party rights (e.g. cop-yrights), without being expressly authorized.
  • 3. Furthermore, you are also prohibited from the following activities, irrespective of a possible violation of the law by posting own contents to the Bosch Rexroth website, as well as during the communication with other users (e.g. sending personal messages, participating in discussion forums, publishing discussion contributions or the commenting on contents and articles):
    • the distribution of viruses, Trojans and other damaging files;
    • the sending of junk mail or Spam e-mails as well as chain e-mails;
    • the distribution of offensive, sexually charged, obscene or villainizing contents and respectively communication as well as such contents and respectively communication that are/is suitable to promote and respectively support racism, bigotry, hate, physical violence or illegal actions (either explicitly or implicitly);
    • the harassment of other users, e.g. through repeated personal contact, without or against the reaction of the other user, as well as the promotion and re-spectively the support of such harassment;
    • the request with other users to disclose their passwords or personal data for commercial or illegal purposes;
    • the distribution and/or public reproduction of contents available on the Bosch Rexroth website, insofar as this has not been expressly permitted to you by the respective author or is expressly made available as a function on the Bosch Rexroth website.
  • 4. Also prohibited is every action that is suited to affect the smooth operation of the Bosch Rexroth website, in particular to excessively impact our IT systems.
  • 5. Should you gain knowledge of an illegal, abusive, contract violating or otherwise unauthorized use of the Bosch Rexroth website, you can contact the provider via mail and report this unauthorized use. We will then examine the activity and if ap-plicable, initiate appropriate steps.
  • 6. The provider retains the right to reject the posting of contents and/or to process, block or remove prior posted contents (including private messages and guest book entries) without prior notice, insofar as the posting of the contents by you or the posted contents themselves have lead to the violation of these provisions or there are concrete indicators that a considerable violation is going to occur. In this case however, your justified interests are taken into consideration.

§ 12 Compliance with Export Control Regulations

  • 1. Observe the prohibitions and limitations according to all applicable national and international export control regulations prior to providing information, software and documents on the website or to disclosing any provided information, software and documents to third parties.
  • 2. Prior to providing information, software and documents on the website or to dis-closing any provided information, software and documents to third parties, verify and take suitable actions to ensure that:
    • the provision and disclosure does not violate any prohibitions or limitations ac-cording to the export, re-export or embargo provisions of the European Union, the United States of America or the United Nations;
    • the provided and disclosed information, software and documents are not used for nuclear or military purposes by the recipient;
    • the information, software and documents are not provided and disclosed to any individuals and legal entities or institutions that are listed on one of the sanctions lists of the European Union, the United States of America or the United Nations.

§ 13 Data protection

  • 1. It is part of our quality expectations and those of the Bosch Rexroth website, to treat your personal data responsibly (this data shall hereinafter be called “personal data”). The personal data resulting from the registration with the Bosch Rexroth website as well as the use of the available services are therefore only collected, stored and processed by us, as far as this is necessary for the contractual provi-sion of services and permitted by legal provisions. We will treat the personal data in confidence as well as in accordance with the provisions of the applicable data privacy laws and not pass them on to third parties. The personal data shall be stored by the provider for as long as the services from the provider are utilized via the Bosch Rexroth website by the partner, after that the data shall be deleted from the system.
  • 2. Beyond this, your personal data shall only be used insofar as you have consented to it. You can revoke any consent granted by you at any time.
  • 3. Please also note our data protection notice.

§ 14 Release

  • 1. You are obligated, to release us from all cost and disadvantages that third parties claim against us based on the infringement of their rights through your content or due to a law violation by you.
  • 2. Besides, you are obligated, to reimburse us for all cost incurred through the infringement, in particular cost of the appropriate legal defense including incurred court and attorney cost. This does not apply, if and insofar as you are not responsible for the infringement.

§ 15 Limitation of liability

  • 1. Liability for free-of-charge services. In the scope of the use of free-of-charge services, the liability is excluded by us for breaches of obligations due to slight negligence, notwithstanding damage caused by the impairment of life, the body or health or claims according to the Product Liability Act. Furthermore, the liability for the breach of duties whose fulfillment mainly facilitates the proper execution of the user relationship and whose compliance can generally be expected by the user, shall remain unaffected. The same applies to the breaches of duty by our vicarious agents. Software available for a free-of-charge down load is only provided in alpha-version. It is only for demonstration purposes of the functionality of interfaces and not suitable for the use in connection with machines or partly completed machin-ery This alpha version are not tested according to the product development standards of Bosch Rexroth applicable to goods for sale. This version must not be used for other applications and no characteristics are agreed upon.
  • 2. Liability limitation for fee-based services. In the scope of the use of fee-based services (including the retrieval of fee-based contents) by you, we are liable ac-cording to the following regulations:
    • For damage that was caused willfully or grossly negligent, we are liable without limitations.
    • For damage from the non-compliance with any written guarantees in the extent that was covered by the purpose of the guarantee and was recognizable to us when it was issued;
    • In cases of product liability according to the Product Liability Act;
    • In cases of breach due to a simple slight negligence of fairly insignificant con-tractual duties, we are not liable. Furthermore, our liability for slightly negli-gently caused damage is limited to the damage, whose development must typically be anticipated in the scope of the respective contractual relationship (contractually typical foreseeable damage). This also applies to negligent breaches of duty of our legal representatives, executive employees and re-spectively our simple vicarious agents.
    • If you are an entrepreneur in the sense of Sec. 14 BGB [German Civil Code], then the parties shall agree that the contractually typical foreseeable damage due to breach of duty of this agreement amounts to a maximum of EUR 1,000.
    • The prior liability limitation does not apply in case of fraudulent intent, in case of bodily and respectively personal injury, for breach of guarantees as well as for claims from product liability. Liability limitations provided by law (e.g. according to Sec. 44a Telecommunications Act [TKG]), that deviate from the prior liability limitations to our favor, remain unaffected.
    • An extensive liability from us does not exist. For rental contract performance from us, the liability regardless of negligence or fault in particular is excluded for damage present at signing of the contract.
  • 3. Insofar as liability is excluded or limited by us according to these provisions, this also applies to the liability of our corporate bodies as well as vicarious agents and persons employed by us in the fulfillment of our obligations, particularly our em-ployees.

§ 16 Changes to these terms of use

  • 1. Bosch Rexroth reserves the right to change these terms of use at any time with validity, even within the existing contractual relationships. Regarding such chang-es, you will be notified at least 30 calendar days before the planned effective date of the changes via announcement on our website “news&infos”. Should you not object within 30 days upon announcement of the notice, and continue the utilization of the services after the lapse of the time period, then the changes are considered to be validly agreed-upon from the lapse of time. In case of your objection, the user relationship is continued at the prior conditions. Bosch Rexroth reserves the right to end the user relationship in case of objection according to sec. 6. In the change notice, you will be informed of your right of objection and the conse-quences.
  • 2. In case of changes to the turnover tax, we are authorized to make an adjustment of compensation according to that change, without the prior mentioned right to ob-jection.

§ 17 Changes of services, price changes

  • 1. Change of free-of-charge services. We are entitled at all times, to change free-of-charge services posted to the Bosch Rexroth website, to make available new services free-of-charge or fee-based and to end the supply of free-of-charge ser-vices. In this case however, your justified interests are taken into consideration.
  • 2. Changes of fee-based services. We are entitled at all times, if this is necessary, to change fee-based services, because pre-performances necessary for the ful-fillment of the performance are not or no longer available at appropriate conditions, the changes of the provided services are minor, changes are advantageous for the user. You will be notified of changes via e-mail as well as under www.boschrexroth.com. Changes are considered to be authorized, if you do not give notice in writing or via e-mail within 4 weeks of receipt of the change notice. You will be advised of this separately in the change notice.
  • 3. We will announce price changes in due time so that you will be able to properly terminate the contract, under compliance with the contractually agreed termination period, before the new prices become effective. Insofar as you do not terminate upon receipt of the notice of the new prices and continue to utilize fee-based ser-vices after the effective date, then the price change becomes binding for the con-tracting parties.
  • 4. In the change notice, you will be informed separately of the consequences of the change and your right of objection and/or termination the consequences.

§ 18 General Conditions

  • 1. Extensive information about us as the operator of the Bosch Rexroth website can be found in our company information [http://www.boschrexroth.com/en/xc/home/imprint].
  • 2. German law shall be exclusively applicable excluding the regulations of the Ger-man Private International Law and the UN Convention on Contracts for the Inter-national Sale of Goods.
  • 3. If you are a merchant, the exclusive place of jurisdiction is the registered office of the provider. We are however also entitled to bring suit at your registered office as an alternative.
  • 4. Should one provision of these terms of use be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties are obligated to contribute to the creation of provisions through which a valid result is achieved that comes as close to the invalid provision as possible under economical aspects. The above applies accordingly for any contract gaps.