(Revision: August 2003)
1. Scope of Application
1.2 § 312e, subsection 1, s. 1, no. 1 - 3 of the German Civil Code (BGB) shall not apply if the user of the FOC Website is acting as or for a company, i.e. in the pursuance of a trade or a self-employed activity or for a public corporation.
2.1 On its FOC Website FOC provides certain information and software, including documentation, if any, for viewing or downloading.
2.2 FOC is entitled to close the FOC Website fully or partially at any time. Due to the nature of the Internet and of computer systems FOC does not guarantee the continuous availability of the FOC Website.
3. Right of Utilization of Information, Software and Documentation
3.1 The use of the information, software and/or documentation made available on the FOC Website is governed by these conditions or, in case of updated information, software or documentation, by the relevant licensing terms previously agreed with FOC. Any separately agreed terms of license have priority over these conditions.
3.2 FOC grants the user a non-exclusive and non-assignable right to use the information, software and/or documentation supplied on the FOC Website to the agreed extent, or if nothing has been agreed, in compliance with the purpose pursued by FOC by providing and supplying the above mentioned information, software and documentation.
3.3 Software is supplied free of charge in machine-readable form. FOC is not obliged to disclose the source code. Source codes of Open Source software, whose licensing terms have priority over the present provisions and which stipulates the disclosure of the source code with the transmission of Open Source software, are exempted from this limitation. In this case FOC will make the source code available against reimbursement of costs.
3.5 The information, software and documentation is protected both by copyright laws and by international publishing contracts and other laws and agreements on intellectual property. The user shall respect these rights and in particular not remove any alphanumeric identifications, brands or copyright notices neither from the software nor from documentation or from copies.
3.6 In other respects § 69a pp. of the German Copyright Act shall remain unaffected.
4. Intellectual property
4.2 Apart from the rights of use or other rights expressly granted herein the user is neither granted any other rights of any kind, in particular no rights of company names and no industrial property rights, rights of patents, designs or brands, nor is FOC obliged to grant any such right.
5.1 The FOC Website may contain hyperlinks to websites of third parties. FOC neither assumes responsibility for the contents of those websites nor does FOC adopt those websites and their contents, since FOC has no control over the hyperlinked information and is not responsible for the contents and information made available there. Their use shall be at the user`s own risk.
6. Liability for Deficiencies in Title and Quality
6.1 If any information, software or documentation is supplied free of charge, any liability for deficiencies in title and quality of the information, software and documentation, in particular for their truth, freedom from error, freedom from third parties protection rights and copyrights, completeness and/or usability is excluded unless in cases of intent or malice.
6.2 The information on the FOC Website may include specifications or general descriptions of technical capacities of products, which in particular cases (e. g. due to product modifications) need not always be available. For that reason the desired performance features of the products are to be agreed at the time of purchase.
7. Other Liabilities, Viruses
7.2 Although FOC endeavours to keep the FOC Website free from viruses, FOC cannot guarantee that the FOC Website is free from viruses. To his own protection as well as to prevent any virus infection of the FOC Website the user is to ensure the use of appropriate security devices and virus scanners prior to downloading any information, software and documentation.
7.3 The above provisions contained in Clauses 7.1 and 7.2 do not imply any change in the burden of proof to the detriment of the user.
8. Collateral Agreements, Place of Jurisdiction and Applicable Law
8.1 Any collateral agreements shall be in writing.
8.2 The place of jurisdiction is Berlin, Germany, if the user is a merchant as defined in the German Commercial Code.
8.3 The individual pages of the FOC Website are operated by FOC, which assumes responsibility for them. Any access to information, software and/or documentation on the FOC Website from countries, from which the said access is illegal, is prohibited.