1.2 If the user is using the NEOLUX website as a business customer, i.e. for purposes of his or her trade, business or profession or on behalf of a public body or corporation, article § 312e paragraph 1, sentence 1, no. 1 - 3 of the German Civil Code does not apply.
2.1 The NEOLUX Web Site contains informational pages.
2.2 LOSRAM reserves the right to cease operation of the NEOLUX Web Site, in part or in its entirety, at any time. Due to the nature of the Internet and computer systems, OSRAM cannot accept any liability for the continuous availability of the NEOLUX Web Site.
3. Rights of Use to Information, Software and Documentation
3.1 OSRAM grants the User a non-exclusive and non-transferable license to use the information made available to the User on the NEOLUX Web Site to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by OSRAM in making the same available, provided none of the restrictions in section 5 apply.
3.2 Information, software and documentation may not be distributed by the User to any third party at any time, nor may it be rented or made available in any other way.
3.3 The information is protected by copyright laws as well as international copyright treaties and 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. Intellectual Property
4.2 Nothing contained in the above shall be construed as granting any license or right to use any patent, trademark or any other intellectual property right except if expressly stated. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.
4.3 The word and device trademark NEOLUX, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM or its licensors. Eventually, registrations have not yet taken place in all relevant countries.
4.4 Use of these names and trademarks requires express permission of OSRAM GmbH. The use of the name OSRAM or NEOLUX as a reference is permitted, e.g. for a link to this web site. OSRAM GmbH must receive prior notification of such use.
5. Duties of the User
5.1 In accessing or using the NEOLUX Web Site, the user shall not:
- harm other persons, in particular minors, or infringe their personal rights
- breach public morality in his or her 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
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material; additionally, the User shall not solicit participation in any lottery, snowball system, chain letter, pyramid game or similar activity
- take or take part in any other immoral or illicit activity
The NEOLUX Web Site may contain hyperlinks to the web pages of third parties. OSRAM 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. OSRAM 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.
7.1 For all kinds of damages, we shall be liable in accordance with the legal provisions only in the event of (1) intent and gross negligence, (2) in cases of damage to health, physical injury or death, (3) in case of the assumption of delivery or quality guarantees, (4) in cases of malicious concealment and (5) in cases of claims based on the Product Liability Act. If we are in culpable breach of an essential obligation or if the client is entitled to claims for compensation of damage in place of performance, the liability shall be limited to compensation for typically occurring, foreseeable damages. No other claims for damages (e.g. consequential damages) may be asserted against us. Essential obligations shall mean for the purpose of these terms those obligations protecting the customer's essential legal positions, which the contract is meant to grant according to its content and purpose; in addition, those obligations, enabling the fulfillment of the contract and regularly trusted on by the customer are deemed to be essential obligations (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description).
Although OSRAM makes every effort to keep the NEOLUX Web Site free from viruses, OSRAM cannot make any guarantee that it is virus-free. The User shall, for his or her 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. Export Controls
The export of certain information may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform to 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. OSRAM shall label such information, software and documentation requiring authorization in accordance with German and EU export control lists and the U.S. Commerce Control List.
10. Data Privacy Protection
For collecting, using and processing personal data of NEOLUX Web Site Users, OSRAM complies with applicable laws on protection of data privacy and the OSRAM data privacy protection policy, available on the Internet under Privacy.
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement requires the written form; this form requirement can only be waived in writing.
11.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
11.3 The individual pages of the NEOLUX Web Site are operated by and administered by OSRAM and/or its subsidiaries and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. OSRAM accepts no responsibility for the fact that said information, software and/or documentation on the NEOLUX Web Site can be viewed or downloaded at locations outside such a country. If Users access the NEOLUX Web Site from outside such a country, they are exclusively responsible for compliance with all applicable local laws. Access to the NEOLUX Web Site's information from countries where such content is unlawful is prohibited. In such cases, and where the User wishes to enter into a business relationship with OSRAM, the User is asked to contact the OSRAM representative in the respective country, or if there is no representative in the respective country, OSRAM GmbH.