Website Terms of Use

Acceptance of Terms

Hottinger Baldwin Messtechnik GmbH (“HBM”) makes this website (the “Site”), including all information, documents, communications, files, text, graphics and Software available through the Site (collectively, the “Materials”) and all services operated by HBM and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that HBM may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

HBM reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the homepage of the Site. Your continued use of the Site, or of any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines, posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site´s home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual property; limited, license to uses.

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and /or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, HBM and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials or its Services or their selection or arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services

When using services on this Site, that are offered by HBM, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions and addition to those in the Terms of Use.

In addition to the Materials and Services, offered by HBM, this Site also makes available materials, information and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services are governed by separate license agreement that accompany such services. HBM offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Ser-vices, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by HBM. You agree that you will not hold HBM responsible or liable with respect to the Third Party Services or seek to do so.

Use of Software

The Software and accompanying documentation that is made available to download from this Site is the copyrighted and /or patented work of HBM and /or its suppliers. Use of the Software is governed by the terms of the license agreement that is accompanied or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes a license agreement, unless you agree to the terms of such a license agreement. If you do not agree to such terms, you will not be able to use the Software. Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree, that you will not recompile, reverse engineer, or otherwise attempt to discover the source code of the Software available on the Site.

Except as indicated to the contrary elsewhere on the Site, you may view, download and print the Software available on this Site subject to the following conditions:

1. The Software may be used solely for personal, informational, internal and non commercial purposes.
2. The Software may not be modified or altered in any way. 
3. The Software on the Site may not be distributed or sold, rented, leased, or licensed to others. 
4. You may not remove any copyright or other proprietary notices contained in the Software.
5. HBM reserves the right to revoke the authorization to view, download, and print the Software available on this Site at any time, and any such use shall be discontinued immediately upon notice from HBM.
6. The rights granted to you, constitute a license and not a transfer of title.

Important Exceptions

The rights specified above to view, download, and print the Software available on this Site are not applicable to the design or layout of the Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark information

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of HBM or other third parties. You are not permitted to use the Marks without the prior written consent of HBM or such third party that may appear on the Marks. HBM and the HBM logo are trademarks of Hottinger Baldwin Messtechnik GmbH.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

• not to disrupt or interfere with any other user´s enjoyment of the Site or  affiliated or linked Sites;
• not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files; 
• not to disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, systems resources, accounts, pass-words, servers or networks connected to or accessible through the Site or any affiliated or linked Sites.

Managing content and communications 

Although it is not our intention to do so, HBM reserves the right, in its sole discretion, to delete or remove the Software from the Site and to restrict, suspend or terminate your access to all or part of this Site, at any time, if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition HBM reserves the right to delete or remove the Software, if the relevant subscription has expired or lapsed or if HBM has a good faith belief that the user posting such Software has violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of HBM or others.

To the maximum extent permitted by law, HBM will have no liability related to the Software arising under the laws of copyright, privacy, obscenity, or otherwise. HBM also disclaims all liability with respect to the misuse, loss, modification or un-availability of any Software. 

Warranties and disclaimers 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HBM OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY´S MATERIALS OR SERVICES, THIS SITE AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH TO THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IM-PLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NONE-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING HBM MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. HBM MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND HBM MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SER-VICES. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HBM DOES NOT CONTROL VENDORS OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HBM MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) HBM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE FOR YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. HBM ASSUMES NO LIABILITY TO ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HBM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International Use

This Site can be accessed from countries around the world and may contain references to HBM products, services and programs that are not available in your country. These references do not imply that HBM intends to announce such pro-ducts, services or programes in your country. 

The Site is controlled, operated and administered by HBM from its offices within Germany. HBM makes no representation that the Site or the services or materials available through it, are appropriate or available for use at other locations outside Germany and access to the Site from territories where the Site or any of its services or Materials are illegal is prohibited. If you access the Site from a location outside Germany, you are responsible for compliance with all local laws. 

Limitation of liability

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HBM, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICES, DIRECTORS, EMPLOYERS, PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION. THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT, HBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and Liability

You agree and indemnify and hold HBM and its subsidiaries affiliates, offices, agents, co-branders or other partners, employees, harmless from any claim or demand, including reasonable attorney´s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use or your violation of any rights of another person or entity.

Governing law and jurisdiction

This Site (excluding linked Sites) is controlled by HBM from its offices within Germany. By accessing this Site you and HBM agree that all matters relating to your access to or use of, this Site shall be governed by the statutes of laws of Germany, without regard to the conflicts of laws principles thereof.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

C´est la volonté expresse des parties que la présente convention ainsi que les documents qui s´y rattachent soient rédigés en anglais.

General

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between HBM and you with respect to your use of the Site. If for any reason a court or a competent jurisdiction finds any provision of the Terms of Use or portion thereof, to be unenforceable that provision shall be enforced to the maximum extent permissible, so as to effect the intent of the parties as reflected by that provision and the remainder of the Terms of Use shall continue in full force and effect.

Any failure by HBM to enforce or exercise any provision of the Terms of Use or related right shall not constitute waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Appendix I

In downloading Material on the Site, you agree to HBM storing your download information in the corporate CRM (Customer Relationship Management) system database. This data is exclusively at the disposal of HBM Sales staff. HBM will not rent, sell or trade your information without your permission.