Frankonia Germany EMC Solutions GmbH
Frankonia Germany EMC Solutions GmbH
Managing Directors: Wolfgang Opitz, Raimund Baier
VAT registration no.: DE 133565240
Registry court: Nuremberg HRB 8052
Frankonia EMC Test-Systems GmbH
Managing Director: Peter Weidner
VAT registration no.: DE 151302710
Registry court: Bamberg HRB 2301
1.2 If the user uses this FRANKONIA website as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.
2.1 This FRANKONIA website contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2 FRANKONIA may stop the operation of the FRANKONIA website in full or in part at any time. Due to the nature of the internet and computer systems, FRANKONIA cannot accept any liability for the continuous availability of the FRANKONIA website.
3. Registration, Password
3.2 For registration, the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to FRANKONIA, is current at all times and an address at which the User can be contacted.
3.3 Upon registration FRANKONIA provide the User an access link by Email, comprising a User ID and a password (“User Data”). If requested by FRANKONIA the user has to change the password into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify FRANKONIA thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, FRANKONIA 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 FRANKONIA or upon new registration.
3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event FRANKONIA will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use to Information, Software and Documentation
4.2 FRANKONIA grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the FRANKONIA website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by FRANKONIA in making same available.
4.4 The information, pictures, videos, software and documentation are protected by copyright laws as well as international copyright treaties as well as 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.
4.5 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
6. Duties of the User
6.1 In accessing or using the FRANKONIA website the User shall not:
* harm other persons, in particular minors, or infringe their personal rights;
* breach public morality in its 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; or
* distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
The FRANKONIA website may contain hyperlinks to the web pages of third parties. FRANKONIA 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, as FRANKONIA 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 for Defects of Title or Quality
8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.2 The information on the FRANKONIA website 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 in each case at the time of purchase.
9. Other Liability, Viruses
9.2 Although FRANKONIA makes every endeavor to keep the FRANKONIA website free from viruses, FRANKONIA cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9.3 Nos. 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.
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 authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states. FRANKONIA shall label information, software and documentation in relation to German and EU export control lists.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the FRANKONIA website, FRANKONIA shall comply with applicable laws on data privacy protection.
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 Nuremberg if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
12.3 The individual pages of the FRANKONIA website are operated and administered by FRANKONIA and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. FRANKONIA makes no representation that information, software and/or documentation on the FRANKONIA website are appropriate or available for viewing or downloading at locations outside such country. If Users access the FRANKONIA website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to FRANKONIA website’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with FRANKONIA, the User should contact the FRANKONIA representative for the particular country for country specific business.
Protecting the security and privacy of your personal data is important to FRANKONIA; therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security.
2. Personal Data
Through our website, FRANKONIA will not collect any personal data.
3. Purpose of Use
When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers.
4. Purpose Limitation
FRANKONIA will collect, use or disclose personal data supplied by you online only for the purposes disclosed to you, unless the disclosure
* is a use of the personal data for any additional purpose that is directly related to the original purpose for which the personal data was collected,
* is necessary to prepare, negotiate and perform a contract with you.
5. Non-personal Data collected automatically
When you access our Web sites, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Web site from which you came, number of visits, average time spent on the site, pages viewed).
6. “Cookies” – Information stored automatically on your Computer
When you view one of our Web sites, we may store some data on your computer in the form of a “cookie” to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a Web site to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.
To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, FRANKONIA uses technical and organizational security measures.