1. Scope
1.1 Any use of this web site provided by WIND HILL TECHNOLOGIES and/or its affiliates ("WIND HILL"), "WIND HILL Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the WIND HILL Web Site these Terms of Use are accepted in their then current version.
1.2 If the User uses this WIND HILL Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer.
2. Services
2.1 This WIND HILL Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2 WIND HILL may stop the operation of the WIND HILL Web Site in full or in part at any time. Due to the nature of the internet and computer systems, WIND HILL cannot accept any liability for the continuous availability of the WIND HILL Web Site.
3. Registration, Password
3.1 Some pages of the WIND HILL Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. WIND HILL reserves the right to deny registration to any User. WIND HILL particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. WIND HILL is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as de-fined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the WIND HILL Web Site; or
- did not use the WIND HILL Web Site for a longer period.
3.2 For registration the User shall give accurate information
and, where such information changes over time, up-date such
information (to the extent possible: online) without undue delay.
The User shall ensure, that its e-mail address, as supplied to WIND
HILL, is current at all times and an address at which the User can
be contacted.
3.3 Upon registration the User will be provided with an access code,
comprising a User ID and a password ("User Data"). On first access
the User shall promptly change the password received from WIND HILL
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 WIND HILL 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, WIND HILL 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 WIND HILL 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 WIND HILL
will remove all user data and other stored personally identifiable
data of the User as soon as these data is no longer needed.
4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made
available on or via this WIND HILL Web Site is subject to these
Terms of Use or, in case of updating information, software or
documentation, subject to the applicable license terms previously
agreed to with WIND HILL. Separately agreed to license terms shall
prevail over these Terms of Use.
4.2 WIND HILL 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
WIND HILL Web Site to the extent agreed, or in the event of no such
agreement to the extent of the purpose intended by WIND HILL in
making same available.
4.3 Software shall be made available at no expense in object code.
There shall be no right for the source code to be made available.
This shall not apply to source code related to open source software,
which license conditions take priority over these Terms of Use in
the case of transfer of open source software and which conditions
require the making available of the source code. In such case WIND
HILL shall make the source code available in return for the payment
of costs.
4.4 Information, software and documentation may not be distributed
by the User to any third party at any time nor may it be rented or
in any other way made available. Unless such is allowed by mandatory
law, the User shall not modify the software or documentation nor
shall it disassemble, reverse engineer or decompile the soft-ware or
separate any part thereof. The User may make one backup copy of the
software where necessary to secure further use in accordance with
these Terms of Use.
4.5 The information, software and documentation are protected by
copyright laws as well as international copy-right 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.
5. Intellectual Property
5.1 Notwithstanding the particular provisions in 4 of these Terms
of Use, information, brand names and other contents of the WIND HILL
Web Site may not be changed, copied, reproduced, sold, rented, used,
supplemented or otherwise used in any other way without the prior
written permission of WIND HILL.
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 WIND HILL Web Site 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 sys-tem, chain letter, pyramid game or similar activity.
6.2 WIND HILL may deny access to the WIND HILL Web Site at any time,
in particular if the User breaches any obligation arising from
these Terms of Use.
7. Hyperlinks
The WIND HILL Web Site may contain hyperlinks to the web pages of
third parties. WIND HILL 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 WIND HILL 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 WIND HILL Web Site 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
9.1 The liability of WIND HILL for defects in relation to quality
and title shall be determined in accordance with the provisions of
8 of these Terms of Use. Any further liability of WIND HILL is
excluded unless required by law, e.g. under the Act on Product
Liability or in cases of willful misconduct, gross negligence,
personal injury or death, failure to meet guaranteed
characteristics, fraudulent concealment of a defect or in case of
breach of fundamental contractual obligations. The damages in case
of breach of fundamental contractual obligations is limited to the
contract-typical, foreseeable damage if there is no willful
misconduct or gross negligence.
9.2 Although WIND HILL makes every endeavor to keep the WIND HILL
Web Site free from viruses, WIND HILL 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 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
10.1 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 and the USA. WIND HILL shall label information, software and
documentation in relation to China and EU export control lists and
U.S. Commerce Control List.
10.2 The User shall particularly check and verify that
- the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
- no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
- no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
- no military consignees shall be supplied;
- the early warning instructions of the respective China authorities shall be observed.
Access to software, documentation and information on the WIND HILL
Web Site shall only take place if such conforms with the above
checks and guarantees. Where the User does not comply with the
above, WIND HILL shall not be obliged to perform.
10.3 Upon request WIND HILL shall inform the User of the relevant
contact points for further information.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data
of the User of the WIND HILL Web Site, WIND HILL shall comply with
applicable laws on data privacy protection, which is available per
hyperlink on the WIND HILL Web Site and/or on www.windhill.com.cn.