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General Terms and Conditions of Use of the Schaeffler Website “Schaeffler Corporate Brand Portal”

1. Scope

1.1
Use of the website www.schaeffler-brandportal.com (“Schaeffler website”) offered by Schaeffler Technologies AG & Co. KG (“Schaeffler”) takes place solely based on these General Terms and Conditions of Use.

In the case of use of the Schaeffler website by external users, prior registration (creation of username and password) of the user is required. Within the scope of the registration process, the user bindingly accepts the validity of these General Terms and Conditions of Use in the respective version. Without this consent, use of the Schaeffler website is not possible. For each use of the Schaeffler website, the user must log in with his/her personal username and password.

In the case of employees of Schaeffler Group companies, by taking up use of the Schaeffler website, the user bindingly accepts the validity of these General Terms and Conditions of Use in the respective version.

External users and employees of Schaeffler Group companies are also collectively referred to as the “user” below.

1.2
These General Terms and Conditions of Use may be supplemented, modified, or replaced in individual cases by other conditions or agreements, e.g., for purchase or sale of products and/or for provision of agency services.

1.3
If the Schaeffler website is used in performing commercial or independent professional activities or for a public body, §312i paragraph (1), clause (1), numbers (1) to (3) of the Civil Code of the Federal Republic of Germany shall not apply.

2. Content of Schaeffler Website and Binding Schaeffler Corporate Design Guideline Specifications

2.1
Parts of the Schaeffler website are freely accessible and parts are password-protected (e.g., “Download” section). In order to use the password-protected sections, external users must first be registered and activated as users (if necessary, in a multilevel process) by Schaeffler. Rights to registration and/or activation (for individual and/or all password-protected sections) do not exist. Schaeffler decides at its own exclusive discretion whether or not and to what extent an external user is activated. Access to the Schaeffler website without prior activation is not possible for external users. Activation can only be performed through the Corporate Branding department.

2.2
Schaeffler provides certain information, services, functions, and content for retrieval, download and/or use on the Schaeffler website without obligation, in a nonbinding manner, and with no claim of completeness.

In the password-protected section subsections and categories (e.g., “Principles of Design,” “Application Examples,” “FAQs,” etc.), the Schaeffler website defines binding specifications both for Schaeffler employees and for external users as to how the Corporate Brand Assets such as company logo, images, design elements, fonts, etc. available for download on the Schaeffler website may be used. These specifications given constitute the “Schaeffler Corporate Design Guideline,” which is binding for all users for the visual representation of the company, especially at all brand contact points.

The purpose of the Schaeffler website and the Schaeffler Corporate Design Guideline is to guarantee a uniform worldwide presentation of the Schaeffler brand according to Schaeffler’s specifications. This purpose shall be observed and adhered to by all users bindingly and with no limitations.

Separate (license) agreements existing between Schaeffler or companies in which Schaeffler AG directly or indirectly holds a majority stake and the user and containing regulations on use of Corporate Brand Assets (company logo, brand, fonts, images, design elements, etc., regardless of how they are named in the agreement) shall apply alongside the specifications in the Schaeffler Corporate Design Guideline.

2.3
Schaeffler is entitled to stop the operation or change the content of the Schaeffler website in whole or in part at any time without prior notice. Due to the nature of the internet and of computer systems, Schaeffler does not guarantee the uninterrupted availability of the Schaeffler website.

3. Usage Rights

3.1
Use of the Schaeffler website and the information, services, functions, and content provided on the Schaeffler website, especially the Corporate Brand Assets (see Article 2.2) is subject to these General Terms and Conditions of Use and separate relevant (licensing) regulations agreed on with Schaeffler.

3.2
Schaeffler grants the user a free, nonexclusive, nonsublicensable, and nontransferable right to use the information, services, functions, and content surrendered on the Schaeffler website to the extent and for the purpose agreed on through separate agreement with Schaeffler or, failing that, corresponding to the purpose pursued with the provision and surrender by Schaeffler.

In particular, the content and extent of authorization to use the Corporate Brand Assets provided as downloads shall be supplemented according to the existing separate agreement (license agreement, agency contract, or similar) existing with the respective external user and the regulations of this authorization for use through the specifications in the Schaeffler Corporate Design Guideline. In the case of any conflicts, the Corporate Branding department shall have sole decision-making authority.

Schaeffler reserves the explicit right to withdraw usage rights to Corporate Brand Assets unilaterally if, according to Schaeffler’s judgment, the specifications in the Schaeffler Corporate Design Guideline have been violated. In this case, at the request of Schaeffler to this effect, the user is obligated to stop further use of the assets immediately and immediately delete or destroy and recall or retrieve from the market all applications produced using the assets. The costs arising in connection with these actions shall be borne by the user.

3.3
Any application, regardless of whether it’s in analog or digital form (e.g., brochure, catalog, website, ad, etc.), that is produced using one of the Corporate Brand Assets provided on the Schaeffler Website must be approved by the Corporate Branding department in writing for the user prior to initial release or publication.

3.4
The user is obligated to comply with all technical restrictions of the Schaeffler website.

3.5
Neither the Schaeffler website nor information, services, functions, and content on the Schaeffler website may be sold, rented, or otherwise surrendered by the user to third parties at any time without the prior written consent of Schaeffler’s Corporate Branding department. Unless otherwise permitted by mandatory legal requirements, the user may neither modify, reverse-engineer, or back-translate nor extract parts of the software used for the Schaeffler website or its documentation.

3.6
The Schaeffler website with the underlying software and documentation as well as its functions, services, information, and content are protected by both copyright laws and international copyright agreements, as well as other intellectual property laws and agreements. The user shall observe these rights and shall especially not remove alphanumeric identifiers, trademarks, or copyright notices from the Schaeffler website or from the information or from the software or from documentation or from copies thereof.

3.7
§§69a ff. of the German Act on Copyright and Related Rights (Urheberrechtsgesetz) shall otherwise remain unaffected.

4. Intellectual Property

4.1
Unless otherwise stipulated in Article 3 of these General Terms and Conditions of Use, information, brand names, and other content on the Schaeffler website may not be modified, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of Schaeffler.

4.2
Beyond the usage rights and other rights explicitly granted herein, the user is not granted any other rights of any kind, especially to the company name or to industrial property rights such as patents, utility models, or trademarks, nor is Schaeffler under the corresponding obligation to grant such rights.

5. Registration and Use of Password-Protected Pages

5.1
The Schaeffler website is partially password-protected. In the interest of security of the business transactions, access to these pages is only possible for registered users who have been authorized by Schaeffler. No rights to registration and authorization by Schaeffler exist. Schaeffler especially reserves the right to subject previously freely accessible websites to a registration and authorization obligation.

At any time and at its own discretion, Schaeffler is entitled to withdraw access authorization permanently or temporarily without stating any reasons by blocking the access data and block access permanently or temporarily, especially if the user:

  • Provided false information during registration;

  • Violated these General Terms and Conditions of Use or his/her duty of care in handling of access data; or

  • Violated the applicable laws in accessing or using the Schaeffler website or if Schaeffler believes that there is a danger of such a violation occurring or such a violation exists.

Schaeffler expressly reserves the right to take legal action against the user in these cases.

5.2
If registration is provided, the user is obligated to provide truthful information and must immediately communicate any changes. The user may not register under a false identity. The user shall ensure that the e-mails sent to the e-mail address specified by him/her reach him/her.

5.3
During registration the user specifies a username and a password (user data). The user data enable the user to view or change his/her data and to withdraw or extend any granted consents to data processing.

5.4
The user ensures that the user data are not accessible to third parties and is liable for all uses of Corporate Brand Assets and other activities occurring under the user data. After each use, the password-protected section shall be exited. If the user becomes aware that third parties are misusing the user data, he/she is obligated to inform Schaeffler immediately in writing of this, possibly already in advance by a simple e-mail. After receiving the message, Schaeffler will block access to the password-protected section with this user data. The block can only be removed after a separate request has been made by the user to Schaeffler or after re-registration.

5.5
The user can demand deletion of his/her registration in writing at any time provided that the deletion does not conflict with the performance of current contracts. In this case, Schaeffler will delete all user data and all other personal data saved on the user as soon as they are no longer needed.

6. Cross-References and Links

The Schaeffler website may contain cross-references and links to third-party websites. Schaeffler does not accept any responsibility for the content of these websites, nor does Schaeffler adopt these websites and their content as its own because Schaeffler does not check the linked information and is not responsible for the content and information made available there. Use of the linked websites is at the user's own risk.

7. Disclaimer for Legal and Material Defects and Viruses

7.1
Insofar as information, services, functions, content, software, or documentation is surrendered free of charge, liability for material and legal defects in the information, services, functions, content, software, and documentation, especially for their accuracy, freedom from errors, freedom from property rights and copyrights of third parties, completeness and/or usability is excluded - except in the case of intent or malice.

7.2
The information and content on the Schaeffler website may contain products specifications or general descriptions of technical capabilities that may not always be present in individual cases (e.g., due to product modifications). The desired product features shall hence be agreed on in each individual case during purchase.

7.3
Schaeffler’s liability for material and legal defects is oriented to the provisions set forth in Articles 7.1 and 7.2 of these Terms and Conditions. Any other liability on the part of Schaeffler is excluded unless liability necessarily exists under the German Product Liability Act (Produkthaftungsgesetz) due to intent; gross negligence; injury to life, body, or health; assumption of a quality guarantee; fraudulent concealment of a defect; or breach of primary contractual obligations. Compensation for damages due to breach of primary obligations is limited to the foreseeable damages typical for the contract unless caused by intent or gross negligence.

7.4
Although Schaeffler endeavors to keep the Schaeffler website virus-free, Schaeffler cannot guarantee the freedom from viruses. Before downloading and/or using the Schaeffler website, information, functions, and content, the user is obligated to provide adequate protection and virus scanners for his/her own protection and for prevention of viruses on the Schaeffler website.

7.5
A change in the burden of proof is not connected with the above regulations.

8. Usage Obligations and Indemnification

8.1
When using the Schaeffler website, the user may not:

  • Cause damage to or violate the personality rights of individuals, especially minors or other users of the Schaeffler website;

  • Through his/her user behavior, violate moral standards or applicable law or the specifications in the Schaeffler Corporate Design Guideline;

  • Violate industrial property rights and copyrights or other property rights or other rights of Schaeffler or third parties, especially of other users;

  • Transmit content containing viruses, so-called Trojan horses, or other programs that can harm software;

  • Enter, save, or send links or content without authorization to do so, especially if these links or content violate confidentiality obligations or are unlawful;

  • Distribute advertising or unsolicited e-mails (so-called spam) or false warnings of viruses, malfunctions, or similar or encourage participation in contests, Ponzi schemes, chain mail, pyramid schemes, or comparable campaigns; or

  • Use the Schaeffler website under a false identity.

8.2
Schaeffler may block access to the Schaeffler website at any time, especially if Schaeffler believes that the user is in breach of his/her duties or obligations resulting from these General Terms and Conditions of Use.

8.3
The user indemnifies Schaeffler against all claims, regardless of the legal grounds, nature, and amount, on the first request, asserted by third parties against Schaeffler because the user is in breach of his/her duties and obligations according to these General Terms and Conditions of Use.

9. Export Regulations

9.1
The exporting of certain information, software and documentation may e.g. on the basis of their nature or use or end destination, be subject to authorization. In regard to such information, software and documentation the user shall strictly observe the applicable export regulations, and in particular those of the EU and the EU member states as well as the United States of America. Insofar as such is necessary, Schaeffler shall label information, software and documentation in terms of its duty to obtain a permit according to German and EU Export List as well as the US Commerce Control List.

9.2
The user shall in particular check and ensure that

  • the information, software and documentation made available are not intended for any arms-related, nuclear or weapon-related technical use.;

  • no companies and persons contained in the US Denied Persons List (DPL) are delivered with goods originating from the US, or software or technology from the US;

  • no companies and persons listed in the US Warning List, US Entity List or US Specially Designated Nationals List are delivered without applicable permission with US originating products;

  • no companies or persons listed are supplied which are on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the Terrorist List of the EU;

  • no military consignees are supplied;

  • the early-warning systems of the respective German authorities are observed.

Any access to information, software and documentation on the Schaeffler Website shall only take place if it is in accordance with the abovenamed tests and checks. Otherwise Schaeffler shall not be obliged to provide any services.

9.3
Upon request Schaeffler shall provide the user with the relevant contacts for further information.

10. Protection of Personal Data

Schaeffler complies with applicable data protection regulations in the collection, use, and processing of personal data. Users can obtain more information on the topic of data protection here .

11. Collateral Agreements, Jurisdiction, Applicable Law

11.1
Collateral agreements to these General Terms and Conditions of Use, including the amendment of this clause, must be in writing.

11.2
Provided that the user is a businessperson in the sense given in the German Commercial Code (Handelsgesetzbuch), the place of jurisdiction shall be Nuremberg, Germany.

11.3
The individual pages of the Schaeffler website are operated and are the responsibility of Schaeffler Technologies AG & Co. KG. The pages meet the requirements of the respective countries in which the respective company has its seat. Schaeffler accepts no responsibility for also allowing the retrieval or download of information, software and/or documentation on the Schaeffler website at locations outside the respective country. If users from locations outside the respective country access the Schaeffler website, they are solely responsible for complying with the respective national regulations. Access to information, software and/or documentation on the Schaeffler website from countries in which this access is against the law is not permitted. In this case and in the case in which the user would like to enter into a business relationship with Schaeffler, the user should contact a Schaeffler representative in the respective country.

11.4
This Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).

Status: Version 01 from July 16, 2018