Use of the webpages (henceforth SEW webpages) from SEW-EURODRIVE GmbH & Co KG (henceforth SEW) and/or its international subsidiaries is permitted only on the basis of these terms and conditions. By logging into the DriveGate® internet portal, which requires registration, or by using the portal without a separate log-in, you accept the validity of these terms and conditions of use in their current form.
The provisions of section 312e paragraph 1 sentence 1 nos. 1 – 3 of the German Civil Code do not apply if the user acts in a corporate capacity or in a capacity as self-employed professional or on behalf of a public corporation.
2. User's Rights and Obligations
If both parties have agreed to it, a simple, non-exclusive and non-transferrable license will be issued for information and software SEW provides for downloading; if there is no agreement, downloading corresponds to the objective followed by SEW when preparing and permitting access to its information.
User ensures that third parties have no access to information, software or documentation, and that third parties have no access to user and customer data provided for registering in DriveGate®. User is not permitted at any time to sell or rent to third parties information, software, documentation and user or customer data, or provide these in any other manner. User assumes all liability for orders performed via user and customer data and other activities. If User learns that third parties are making improper use of user data, User is obliged to immediately notify SEW (BPI department) of this in writing. User can at any time demand in writing that User's registration be deleted. In this situation, SEW will delete all of User's user data and all of User's other person-related data stored by SEW. SEW reserves the right to block access to SEW webpages, especially if User contravenes User's obligations as described in these terms and conditions.
The following are prohibited for User when using SEW webpages:
3. Copyright and Trademarks
All texts, images, graphics and sound, video and animated files are protected by copyright. All rights for objects created by SEW belong exclusively to SEW. User is to respect to these rights. The provisions of sections 69a ff. of the German Copyright Law shall remain unaffected.
Total or partial reproduction, dissemination, transferal, modification or use of SEW webpages (in electronic or other form) for public or commercial purposes is prohibited if SEW's permission is not granted in advance. This applies in particular to brands and trademarks, nameplates and company logos which belong to SEW and its subsidiaries.
In addition to the rights expressly granted in these terms and conditions of use, SEW grants User no other rights of any kind when providing information, software and documentation; this applies in particular to copyrights, company names, industrial property rights such as patents, utility patents, designs and brands. Nor is SEW obliged to concede such rights.
4. References and Links
SEW webpages contain links to other internet webpages. SEW declares that linked webpages were free of illegal contents at the point in time when the link was created. SEW has no influence over the current and future design and contents of the linked and/or referenced webpages. Because of this, SEW can subsequently assume no liability for the correctness, completeness or quality of these webpages' information or ensure that it is up to date; SEW hereby distances itself from all of the contents of any webpage which is modified after a link is created. This declaration applies to all links from SEW webpages to external webpages and their contents.
5. Online Contents and Liability
SEW provides certain information and services on SEW webpages. SEW reserves the right to change, augment or delete parts or all of the SEW webpages without notification; SEW also reserves the right to suspend the availability of information either temporarily or completely.
SEW assumes no liability for the continuous availability of SEW webpages or the possible presence of viruses on them. For the safety of User and of SEW webpages alike, User is obliged to undertake the appropriate safety precautions before downloading information, software and documentation.
If information, software or documentation is provided free of charge on SEW webpages or in DriveGate®, SEW assumes no liability for defects of quality or of title. In particular, when it comes to information, software and documentation, SEW assumes no liability regarding correctness, accuracy, freedom from the copyright of third parties, completeness and/or right of use. This does not apply in the cases of willful misconduct or fraudulent intent.
The information on SEW webpages, in particular on DriveGate®, can contain specifications or general descriptions of products' technical capacities which are not necessarily present in some specific cases. The information made available, in particular the assistance provided in DriveGate®, is non-binding and never represents an offer in the legal sense. The products' desired performance characteristics are therefore to be agreed during purchase and be taken from the order confirmation in specific cases.
SEW assumes no liability unless the German Product Liability Act (Produkthaftungsgesetz) prescribes compulsory liability, e.g. for willful misconduct, gross negligence, injury to life, the body or to health, failure to meet guaranteed characteristics, fraudulent concealment with regard to a defect or breach of fundamental contractual obligations. Compensation arising from the breach of fundamental contractual obligations is however limited to claims deemed typical and which can be reasonably foreseen, except in events of willful misconduct or fraudulent intent.
The regulations described in item 6 do not constitute a shift in the burden of proof to User's disadvantage.
6. Final Provisions
Supplementary agreements must be in writing. If individual formulations or parts of this text do not, no longer or not entirely comply with the valid legal regulations, the contents and validity of the remaining parts of the document remain unaffected.
The place of jurisdiction is Bruchsal, Germany, if User is a commercial agent as per Germany's commercial code (Handelsgesetzbuch). German law applies, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).