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Disclaimer

1. Scope

Any use of this web site provided by Gefran S.p.A. and/or its affiliates ("Gefran"), "Gefran 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. With log-in, or where a log-in is not required, in accessing or using the Gefran Web Site these Terms of Use are accepted in their then current version.

2. Services

2.1. This Gefran Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

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

3. Registration, Password

3.1. Some pages of the Gefran Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Gefran reserves the right to deny registration to any User. Gefran particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Gefran is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the Gefran Web Site; or
- did not use the Gefran Web Site for a longer period.

3.2. For registration the User shall give accurate information and, where such information changes over time, update such information by sending an email to info@gefran.com. The User shall ensure, that its e-mail address, as supplied to Gefran, is current at all times and an address at which the User can be contacted.

3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data").

3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Gefran thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5. After receipt of the notice under paragraph 3.4, Gefran will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Gefran or upon new registration.

3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Gefran will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

The use of any information, software and documentation made available on or via this Gefran Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Gefran. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

5. Intellectual Property

5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Gefran 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 Gefran.

5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

6.1. In accessing or using the Gefran 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 to which the User is not entitled, 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.

6.2. Gefran may deny access to the Gefran Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

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

8. Liability for defects of title or quality

8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.2. The information on the Gefran Web Site may contain specifications or general descriptions related 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 mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses 

Although Gefran makes every endeavor to keep the Gefran Web Site free from viruses, Gefran cannot make any guarantee that it is virus-free.
The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

10. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Gefran Web Site, Gefran shall comply with applicable laws on data privacy protection
 

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1. Any supplementary agreement requires the written form.

12.2. The individual pages of the Gefran Web Site are operated and administered by Gefran S.p.A. and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Gefran makes no representation that information, software and/or documentation on the Gefran Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Gefran Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Gefran Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Gefran, the User should contact the Gefran representative for the particular country for country specific business.

12.4. 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 Italy, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. The place of jurisdiction shall be Brescia.

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