Disclaimer

1. Terms of use

1. Any use of this web site provided by Gemalto M2M GmbH and/or its affiliates ("Gemalto M2M"/"Gemalto M2M 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.

2. By accessing or using the Gemalto M2M Web Site the user accepts these Terms of Use in their then current version.

3. In the case of web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly. The user must make sure that the company or public enterprise is informed about his/her use of the Web Site.

2. Services

1. This Gemalto M2M Web Site contains information on the Gemalto M2M companies and its products as well as - as the case may be - related documentation, for viewing.

2. Gemalto M2M may stop the operation of the Gemalto M2M Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Gemalto M2M cannot accept any liability for the continuous availability of the Gemalto M2M Web Site.

3. Gemalto M2M reserves the right to restrict certain sites, which were previously freely accessible, subject to registration.

3. Use of Information and Intellectual Property

1. The services, information and data of this Web Site may be used for the personal purposes of the user only. In particular, they may not be distributed by the user to any third party at any time nor may they be rented or in any other way made available. The commercial use of the provided services, information and data is only permitted with the prior written permission of Gemalto M2M.

2. The user undertakes for an unlimited period of time to observe secrecy by a reasonable degree of care regarding the services, information and data provided to him and classified as confidential or otherwise recognisable as confidential, and to neither record nor forward to third parties nor use in any way. Employees and third parties involved shall be bound by appropriate means to observe the above provisions.

3. The information provided on and the trademarks inluded in this Web Site are protected by copyright and trademark laws and international copyright 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 marks or copyright notices from the information or any copies thereof.

4. Information, brand names and other contents of the Gemalto M2M 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 Gemalto M2M.

5. Except for rights expressly granted herein, no other rights are granted to the user nor shall any obligation be implied requiring the grant of further rights. In particular, any and all patent rights and licenses remain with Gemalto M2M.

4. Duties of the User

1. In accessing or using the Gemalto M2M 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, 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 system, chain letter, pyramid game or similar activity.

2. Gemalto M2M may deny access to the Gemalto M2M Web Site at any time. Access to the Gemalto M2M Web Site may be denied in particular if the user breaches any obligation arising from these Terms of Use.

3. The User undertakes that the information provided on the Web Site will not be used for any purpose related to armaments, nuclear technology or weapons;

5. Hyperlinks

The Gemalto M2M Web Site may contain hyperlinks to the web pages of third parties. Gemalto M2M 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 Gemalto M2M 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.

6. Security Measures

Although Gemalto M2M makes every endeavor to keep the Gemalto M2M Web Site free from viruses, Gemalto M2M cannot guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.

7. Liability of Gemalto M2M

1. Any liability of Gemalto M2M in relation to the services provided on this Web Site is excluded. In particular, Gemalto M2M is not liable for defects as to quality of the information provided, especially in relation to up-to-dateness and completeness and/or fitness for purpose.

2. Gemalto M2M is not liable for any damages that result from or occur in connection with the use of information provided on this Web Site. This also applies to indirect damages, such as consequential or collateral damages.

3. The information on the Gemalto M2M Web Site may contain specifications or general descriptions relating 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 agreed in each case at the time of purchase.

4. The restrictions contained in section 7.1-7.3 do not apply in the case of damages in relation to personal injury or death (Verletzung von Leben, Körper, Gesundheit) or in the case of gross negligence or intent (Grobes Verschulden). They do not intend nor imply any changes to the burden of proof to the User's disadvantage.

8. Data Privacy Protection

In the collection, use and processing of personally identifiable data about the user of the Gemalto M2M Web Site, Gemalto M2M shall comply with applicable laws on data privacy protection.

9. Supplementary Agreements, Place of Jurisdiction, Applicable Law

1. Any supplementary agreement is required to be in written form in order to be effective.

2. The place of jurisdiction is Munich if the User is a merchant in accordance with the terms of the German Commercial Code (Handelsgesetzbuch).

3. The individual pages of the Gemalto M2M Web Site are operated and administered by Gemalto M2M GmbH and/or its affiliates. The pages comply with the law applicable in the country where the responsible company is resident for business purposes. Gemalto M2M makes no representation that information, software and/or documentation on the Gemalto M2M Web Site are appropriate or available for viewing at locations outside such country. If users access Gemalto M2M Web Site from outside such country then they are exclusively responsible for compliance with all applicable local laws. Access to Gemalto M2M Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In such a case, and where a user seeks to do business with Gemalto M2M, the user should contact the Gemalto M2M representative for that particular country in relation to country specific business.

4. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany. However, its conflict of laws rules shall not apply. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

The information provided through the Gemalto M2M websites contains merely general descriptions or characteristics of performance, which in case of actual use do not always apply as described or which may change as a result of further development of the products. An obligation to provide the respective characteristics shall only exist if expressly agreed in the terms of contract. All product designations may be trademarks or product names of Gemalto M2M or supplier companies whose use by third parties for their own purposes could violate the rights of the owners. Java and the Java logo are registered trademarks of Sun Microsystems, Inc. in the United States and other countries.