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Terms of use

For Use Of Lenzing Instruments Online Services

 

Acceptance of terms

Lenzing Instruments GmbH & Co KG (“Lenzing Instruments”) makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by Lenzing Instruments and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Lenzing Instruments may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. Lenzing Instruments reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual property

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Lenzing Instruments and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein.

Use of Services

When using Services on this Site that are offered by Lenzing Instruments, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

 

Trademark information

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Lenzing Instruments or other third parties. You are not permitted to use the Marks without the prior written consent of Lenzing Instruments or such third party that may own the Marks. Lenzing Instruments and the Lenzing Instruments logo are trademarks of Lenzing Instruments GmbH & Co KG.

Warranties And Disclaimers

Except as expressly provided otherwise in a written agreement between you and lenzing instruments or you and a third party with respect to such party’s materials or services, this site, and all materials and services accessible through this site, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, lenzing instruments makes no warranty that (i) the services and materials will meet your requirements; (ii) the services and materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; (iv) the quality of any products, services, or materials purchased or accessible by you through the site will meet your expectations; and (v) any errors in the software obtained from or used through the site, or any defects in the site, its services, or materials, will be corrected.
This site could include technical or other mistakes, inaccuracies, or typographical errors. Lenzing instruments may make changes to the materials and services at this site, including the descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and lenzing instruments makes no commitment to update such materials or services.
You understand and acknowledge that (i) lenzing instruments does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site, including, without limitation, third-party vendors and third parties accessible through links on the site; (ii) lenzing instruments makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) lenzing instruments shall not be liable or responsible for any content, products, or services offered by third parties.
The use of the services or the downloading or other use of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Lenzing instruments assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials offered through the site.
No advice or information, whether oral or written, obtained by you from lenzing instruments or through or from the site shall create any warranty not expressly stated in the terms of use.
Personal information and privacy
to learn about how lenzing instruments protects your personal information, such as your name and address, refer to the lenzing instruments online privacy policy. except as set forth in the privacy policy or in the terms of use, your personal information will be deemed to be confidential. any non-personal information or material sent to lenzing instruments will generally be deemed to not be confidential.

Limitation Of Liability

In no event, including, without limitation, negligence, shall lenzinginstruments, its subsidiaries, affiliates, agents, officers, directors,employees, partners, or suppliers be liable to you or any third partyfor any special, punitive, incidental, indirect, or consequentialdamages of any kind, or any damages whatsoever, including, withoutlimitation, those resulting from loss of use, data, or profits,whether or not lenzing instruments has been advised of thepossibility of such damages, and on any theory of liability, arisingout of or in connection with the use of or the inability to use thissite, its services, or materials, the statements or actions of anythird party on or through the site, any dealings with vendors orother third parties, any unauthorized access to or alteration ofyour transmissions or data, any information that is sent or receivedor not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that aredelayed or interrupted, or any web site referenced or linked to fromthis site. Some jurisdictions prohibit the exclusion or limitation ofliability for consequential or incidental damages. Accordingly, thelimitations and exclusions set forth above may not apply to you.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Lenzing Instruments and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Lenzing Instruments to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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