Legal notice

DENSO-Holding GmbH & Co. KG

 

represented by DENSO-Holding Verwaltungs GmbH.

Address: Felderstrasse 24, 51371 Leverkusen, Germany
Tel.: +49-(0)214-2602-0
 E-mail: info(at)denso-group(dot)com

Commercial register: Cologne, HRA 20320
VAT identification number: DE123665979

General partner: DENSO-Holding Verwaltungs GmbH

Commercial register: Cologne, HRB 48209

Managing Director: Stephan Wedekind

Responsible for the contents acc. Section 55 (2) Interstate Broadcasting Agreement (RStV):

Cordula Pietrek, DENSO GmbH, Felderstrasse 24, 51371 Leverkusen, Germany

Terms of use

1. Scope

  1. The use of the web pages (DENSO website) offered by DENSO-Holding GmbH & Co. KG (hereinafter referred to as “DENSO”) shall take place in accordance with these terms, unless DENSO’s foreign subsidiaries have their own terms which deviate from these. By starting to use the website, the user is accepting the validity of these terms of use in their current version.
  2. These general terms of use may be supplemented, modified or replaced at any time. 

2. Contents of the website

DENSO shall hold non-binding information and software, along with images and documentation if applicable, on the DENSO website for retrieval and downloading. These shall be provided without obligation and without any claim to comprehensiveness. DENSO shall be entitled to cease operation of the DENSO website in full or in part at any time without prior notice, or to change the contents.   DENSO shall accept no responsibility for the uninterrupted availability of the DENSO website. 

3. Rights of use

  1. The use of the information, software, images and documentation provided on the DENSO website shall be subject to these terms. When information, software, images or documentation are updated, the relevant licensing terms which have already been agreed with DENSO shall apply. Any separately agreed licensing terms shall take precedence over these terms of use. 
  2. DENSO shall grant the user a non-exclusive, non-assignable, non-sublicensable and non-transferable right to use the information, software, images and documentation provided on the DENSO website to the extent that has been agreed between the parties or, if nothing has been agreed, to the extent that corresponds to the purpose pursued by DENSO. 
  3. Software shall only be provided free of charge in a machine-readable format. There shall be no entitlement to the surrender of the source code. If any licensing terms of open source software take precedence over these terms of use and prescribe the surrender of the source code, DENSO shall only provide the source code for a fee. 
  4. Unless something to the contrary is permitted by mandatory statutory provisions, the user may not change, reverse engineer or decompile either the software or its documentation. 
  5. The information, the software, the images and the documentation are protected both by copyright and by laws on intellectual property. The user must observe these rights. Alphanumeric identifiers, brands and copyright notices, in particular, must not be removed from the information, the software, the documentation or the copies. 
  6. The applicable provisions of the relevant copyright regulations regarding the protection of software shall remain unaffected in other respects.

4. Intellectual property

  1. Irrespective of the following provisions, information, brand names and other contents of the DENSO website may not be altered, copied, reproduced, sold, leased, used, supplemented or utilised in any other way without the prior written consent of DENSO. 
  2. Beyond the rights of use or other rights expressly granted within these terms of use, the user shall not be granted any other rights of any kind whatsoever, especially to the company and industrial property rights, such as patents, utility models, designs or brands; nor shall DENSO have an obligation to grant such rights.
  3. Unless otherwise specified, all of the brands named on the DENSO website are trademarks of DENSO, at least registered in Germany, which are protected by law. Exceptions to this are the brands DS, Raci, Isotest and Kettner, which are registered brands of the companies DS Dichtungstechnik GmbH (Lise-Meitner-Str. 1, 48301 Nottuln/Germany), Raci S.r.l. (via adriano 101, 20128 Milano/Italy), TIB Chemicals AG (Mühlheimer Strasse 16-22, 68219 Mannheim/Germany), Elmed GmbH (Weilenburgstraße 39, 42579 Heiligenhaus/Germany) and  G.A. Kettner GmbH (Kapellenstrasse 22-24, 65606 Villmar/Germany).

5. Registration and use in the event of protected pages

  1. Some pages of the DENSO website are password-protected. Access to these pages is only possible for registered users for reasons of commercial security. DENSO shall provide no entitlement to a registration. DENSO shall, in particular, reserve the right to subject even web pages which were previously freely accessible to a registration obligation. DENSO shall be entitled to revoke the access authorisation at any time by blocking the access data, without providing reasons, especially if the user
    i. has provided incorrect information for the registration,
    ii. has infringed the terms of use or his/her due diligence obligations in the handling of the access data
    iii. has infringed the applicable law in his/her access to or use of the DENSO website or
    iv. was an inactive user of the DENSO website for a period of over 24 months.
  2. If a registration is accepted, the user is obliged to provide truthful information and must inform DENSO immediately of changes. 
  3. After the registration, the user shall receive his/her user name and password (user data). When he/she logs in for the first time, the user shall change the password provided by DENSO to a secure password. The user data shall enable the user to view his/her data, to change these data or, if applicable, to revoke or extend consent to the data processing. 
  4. The user shall ensure that the user data is not accessible to third parties and shall be liable to all orders and other activities which are undertaken using the user data. After each use, the password-protected area must be left. If the user becomes aware that third parties are misusing the user data, he/she shall be obliged to inform DENSO immediately in writing, in advance by e-mail if applicable. After receipt of the communication, DENSO shall block access to the password-protected area with these user data. The block may only be lifted after a special request by the user to DENSO or after a new registration.
  5. The user may demand the deletion of his/her registration at any time if the deletion does not conflict with the processing of ongoing contractual relations. In this case, DENSO shall delete all the user data and all other saved personal data of the user, as soon as these are no longer required.

6. References and links

The DENSO website may contain references and links to websites of third parties. DENSO shall not take responsibility for the contents of these websites, nor shall DENSO make these websites and its contents its own, as DENSO does not control the linked information provided by third parties and is not responsible for the contents and information provided there. The use of the linked websites shall take place at the user’s own risk. DENSO HEREBY DISCLAIMS ANY WARRANTY, INCLUDING ANY EXPRESS OR IMPLICIT, STATUTORY OR OTHER WARRANTY, IRRESPECTIVE OF THE LEGAL GROUNDS, INCLUDING ANY WARRANTY OF MARKETABILITY, NON-INFRINGEMENT AND SUITABILITY FOR A SPECIFIC PURPOSE. 

7. Services requiring registration

  1. With the available services requiring registration (e.g. forums or comment functions etc.), DENSO offers users the opportunity to communicate with one another and to publish information (e.g. texts or photos etc.) via the DENSO website and to make it accessible. DENSO shall not be responsible for the accuracy, the completeness or the lawfulness of the information. The respective third parties which publish the information and make it publicly accessible via the DENSO website shall bear sole responsibility for this information.
  2. When using the services requiring registration, the users shall be prohibited from publishing and making accessible unlawful information or information which contravenes common decency. This shall include, in particular, but shall not be limited to information which is extremist, racist, which glorifies or trivialises violence, which glorifies war, which promotes a terrorist or extremist group, which calls for criminal activity, or which is defamatory, pornographic or harmful to young people. This shall also apply to information which is suitable lowering the public perception of DENSO and/or its competitors, as well as its products/services, employees and bodies.
  3. Users shall also not be permitted to publish information which may infringe industrial property rights or other rights of third parties or to make such information publicly accessible.
  4. Nevertheless, DENSO is not obliged to monitor external information which is put on the DENSO website and made publicly accessible by users, or to search for circumstances which indicate an unlawful act. If DENSO becomes aware of unlawful information or information which infringes these terms of use, DENSO shall reserve the right to delete this information and to block or delete the access of the user.

8. Liability disclaimer for defects of title and material defects, viruses

  1. If information, software, images or documentation are provided free of charge, a liability for material defects and defects of title of the information, software, images and documentation, especially for their accuracy, flawlessness, the non-existence of property rights and copyrights of third parties, completeness and/or usability – apart from in the event of wilful intent or malice – shall be excluded.
  2. The information on the DENSO website may include specifications or general descriptions of technical possibilities for products which do not always have to be present in the individual case (e.g. due to product changes). The desired performance characteristics of the products must, therefore, be agreed in the individual case upon purchase. 
  3. DENSO’s liability for material defects and defects of title shall comply with the provisions in 8.1 and 8.2 of these terms of use. The validity of DENSO’s general terms and conditions shall remain unaffected. In other respects, any liability on the part of DENSO shall be excluded unless liability is mandatory (i) in accordance with mandatory law (for example in accordance with the German Product Liability Act), (ii) in accordance with product safety laws, (iii) on account of wilful intent or gross negligence, (iv) on account of loss of life, physical injury or damage to health, (v) on account of the assumption of a quality guarantee (vi) on account of a fraudulent concealment of a defect or (vii) on account of the infringement of essential contractual obligations. The compensation for damages on account of the infringement of essential contractual obligations shall be restricted to the foreseeable damage which is typical of the contract, unless wilful intent or gross negligence is present.
  4. DENSO shall endeavour to keep its website virus-free; nevertheless, DENSO cannot guarantee freedom from viruses. Before downloading information, software, images and documentation, the user is obliged to arrange for appropriate security mechanisms and virus scanners for his/her own protection, as well as for the prevention of viruses on the DENSO website. The user is obliged to set up adequate procedures and checks which meet its requirements with respect to anti-virus protection, the accuracy of the data inputs and outputs and the reconstruction of lost data outside the DENSO website.
  5. A reversal of the burden of proof shall not be associated with the above provisions. 

9. Usage obligations

1. When using the DENSO website, the user may not:

  • cause harm to persons, especially minors, or infringe their personal rights;
  • contravene common decency with his/her usage behaviour;
  • infringe industrial property rights and copyrights or other property rights;
  • transmit contents with viruses, so-called Trojan horses or other programming which may harm software;
  • enter, save or send hyperlinks or contents to which he is not entitled, especially if these hyperlinks or contents infringe confidentiality obligations or are unlawful;
  • distribute advertising or unsolicited e-mails (so-called “spam”) or applicable warnings about viruses, malware and similar or invite people to participate in competitions, pyramid schemes, chain letters and similar activities;
  • prevent or inhibit the use of the website by another user through any other behaviour, or harm DENSO or the users of this website through another behaviour, or surrender liability; or
  • use the website in such a way that this website or the benefit obtained by a third party – including the possibility of using the website in real time – would be deactivated, overloaded, damaged or otherwise adversely affected.

2. DENSO may block access to the DENSO website at any time, especially when the user is infringing his/her obligations arising from these terms of use. 

10. Export regulations

The transfer of information, software, images and documentation may be the subject of applicable statutory export control regulations, in particular the law of the EU or EU member states or of third states, due to their nature or their purpose or their final destination. The user confirms that he/she shall comply with the applicable export control regulations 

11. Protection of personal data

During the collection, storage, use and processing of the user’s personal data, DENSO shall observe the applicable data protection regulations, which can be viewed on the DENSO website.

12. Subsidiary agreements, place of jurisdiction, applicable law

  1. During the collection, storage, use and processing of the user’s personal data, DENSO shall observe the applicable data protection regulations, which can be viewed on the DENSO website.
  2. The place of jurisdiction shall be the registered place of business of DENSO Holding GmbH & Co. KG.
  3. The individual pages of the DENSO website shall be operated by DENSO and shall be the latter’s responsibility. The pages shall take into consideration the requirements of the country in which DENSO Holding GmbH & Co. KG has its registered place of business. DENSO shall take no responsibility for the possibility that information, software, images and/or documentation may be retrieved or downloaded from the DENSO website in places outside the country in question. If users access the DENSO website from places outside the country in question, they shall bear sole responsibility for their compliance with the relevant regulations in accordance with the respective national law. Access to information, software, images and/or documentation on the DENSO website from countries in which this access is unlawful shall not be permitted. In this case and if the user would like to enter into a business relationship with DENSO, the user should make contact with DENSO representatives in the respective country.
  4. These provisions and the use of the website shall be subject to the law of the registered place of business of DENSO Holding GmbH & Co. KG.

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