1. Scope of application
These terms and conditions govern your use of the websites belonging to Koenig & Bauer AG and its subsidiaries (hereinafter referred to as the KBA website) and may be amended, augmented or replaced through the addition of further provisions (e.g. relating to the purchase of products and/or services). Logging onto or using the KBA website implies that you accept these terms.
Section 312e (1) 1, nos. 1-3 of the German Civil Code does not apply where the user pursues commercial activities in a self-employed capacity or on behalf of a business or public body.
Where products and services offered on the KBA website target businesses or public bodies, these are liable for the activities of the representatives using the website.
The KBA website contains certain information and documentation for accessing or downloading.
KBA has the right to discontinue operation of the KBA website, either fully or in part, at any time. The nature of the internet and computer systems is such that KBA cannot guarantee the uninterrupted availability of its website.
3. Registration, password
In the interests of security, access to certain pages on the KBA website where business is transacted may be restricted to registered users and require a password: there is, however, no legal entitlement to register. KBA reserves the right to make web pages, including those previously freely accessible, subject to an obligation to register. Without stating any reason KBA is further entitled to revoke access authorisation by barring access data, particularly if the user:
- provides incorrect data for registration purposes;
- violates these terms and conditions or fails to exercise adequate care in handling access data;
- contravenes the law when accessing or using the KBA website;
- does not use the KBA website for an extended period of time.
Where access is by registration, the user is obliged to furnish honest and accurate details and to notify KBA without delay of any subsequent changes to these details (where possible, online). The user shall ensure receipt of the e-mails sent to his or her specified e-mail address.
The user shall ensure that his or her user data are not made available to third parties, and shall be liable for all orders placed and activities conducted using such data. The user must leave the password-protected area after each session. Should the user become aware of misuse of his or her data by third parties, he or she is obliged to notify KBA in writing without delay, where appropriate with advance notification by e-mail.
Upon receipt of notification under provision 3.3, KBA will block said user-data access to the password-protected area. The block may only be lifted after KBA has received a written application to this effect from the user, or after re-registration.
The user may submit a written request at any time to cancel his or her registration, insofar as the cancellation does not hinder the fulfilment of ongoing contracts. In this case KBA will delete all user and other stored personal data relating to the user as soon as such data are no longer required.
4. Rights of use to information, software and documentation
The use of any information, software or documentation made available on the KBA website is subject to these terms and conditions or, in the case of information, software or documentation updates, to the relevant licensing conditions already agreed with KBA. Any licensing conditions agreed separately shall take precedence over these conditions.
KBA grants the user the non-exclusive and non-transferable right to use the information, software and documentation posted on the KBA website to the extent agreed or, if no such agreement exists, in accordance with KBA’s intended purpose in making such information, software and documentation available to the user.
The information, software and documentation posted on the KBA website are protected by copyright laws, international copyright contracts and other laws and agreements relating to intellectual property. The user shall observe these rights, and more specifically shall not remove any alphanumerical codes, trademarks or copyright notices either from said information, software or documentation or from copies thereof.
Sections 69a ff of the Act on Copyright and Related Rights are otherwise unaffected.
5. Intellectual property
With the exception of the usage and/or other rights expressly granted in these terms and conditions, the user is accorded no further rights of any kind, more specifically to the company name or industrial property rights such as patents, utility models or trademarks, nor is KBA obliged to grant such rights.
Any ideas or proposals stored by a user on the KBA website may be used free of charge by KBA for the development, improvement and sale of products from its portfolio.
6. User obligations
When using the KBA website the user must not:
- violate any intellectual property rights or any other proprietary rights;
- upload any content containing a virus, a Trojan Horse or any other program that could damage data;
- insert, store or upload external links or content for which the user has no authorisation, in particular where such links or content are in breach of confidentiality obligations, or illegal;
- disseminate advertising or unsolicited e-mails ("spam") or false warnings of viruses, malfunctions or similar, nor solicit participation in any competition, lottery, snowball system, chain letter, pyramid game or similar activity.
KBA may deny access to the KBA website at any time, in particular if the user violates any obligation arising from these terms and conditions.
7. External links
The KBA website may contain links to third-party websites. Since KBA neither controls the linked information nor is responsible for the content and information posted on such sites, it is neither liable for these websites nor lays claim to their content. The use of such websites is at the sole risk of the user.
8. Liability for defects of title or quality
KBA shall not be liable for any defects of title or quality relating to any information, software or documentation that is made available without charge on the KBA website, in particular the accuracy, the integrity, the absence of third-party claims or rights, the completeness and/or the applicability of said information, software and documentation, except in the event of wilful misconduct or fraud.
The information on the KBA website may constitute specifications or general descriptions relating to the technical capabilities of our products which in individual instances (e.g. due to product modifications) may no longer apply. In such cases product capabilities must be negotiated prior to purchase.
9. Further liability, viruses
KBA’s liability for defects of title or quality is detailed in provision 8 of these terms and conditions. Any further liability on the part of KBA is excluded except e.g. where required by Germany’s product liability law or in cases of wilful misconduct, gross negligence, personal injury or death, failure to fulfil warranties, fraudulent concealment of a defect, or breach of basic contractual obligations. The damages arising from a breach of fundamental contractual obligations are, however, limited to foreseeable damage insofar as such a breach constitutes neither wilful misconduct nor gross negligence.
While KBA endeavours to ensure that the KBA website is free of viruses, we cannot guarantee that it is virus-free. Prior to downloading information the user should therefore ensure that adequate virus scanners and other security software are activated, both for his or her own protection and to prevent the spread of viruses on the KBA website.
Provisions 9.1 and 9.2 do not represent a change in the burden of proof to the detriment of the user. top of page
10. Supplementary agreements, place of jurisdiction, applicable law
All supplementary agreements must be in writing.
If the user is a merchant as defined by the German Commercial Code, the place of jurisdiction is Würzburg.
The pages on the KBA website are operated by and the responsibility of Koenig & Bauer Aktiengesellschaft and/or its subsidiaries. The pages comply with regulations in the country in which the company responsible is based. KBA accepts no liability for information and/or documentation on the KBA website that is accessed or downloaded in locations outside these countries. Users accessing the KBA website in other countries are personally responsible for compliance with the laws applicable in those countries. Access to information and/or documentation on the KBA website is not permitted in countries where such access is unlawful. In this eve t anyone wishing to transact business with KBA should contact the regional KBA representative.
These terms and conditions are governed by German law, precluding the UN Convention on Contracts for the International Sale of Goods.