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1. |
Application |
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1.1. |
Any use of this web site provided by Caterpillar
Motoren GmbH & Co. KG, »Caterpillar Motoren 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 Caterpillar Motoren Web
Site these Terms of Use are accepted in their then current version. |
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1.2. |
If the User uses this Caterpillar Motoren Web
Site as business customer, i.e. that is not acting for purposes which
are outside its trade, business or profession, or as administration
customer, Section 312e para. 1 sentence 1 no. 1-3 of the German Civil
Code does not apply. |
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2. |
Rights of Use to Information, Software and
Documentation |
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2.1. |
The use of any information, software and documentation
made available on or via this Caterpillar Motoren 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 Caterpillar Motoren. Separately agreed to license terms
shall prevail over these Terms of Use. |
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2.2. |
Caterpillar Motoren grants the User a non-exclusive
and non-transferable license, which may not be sublicensed, to use
the information, software and documentation made available to the
User on or via the Caterpillar Motoren Web Site to the extent agreed,
or in the event of no such agreement to the extent of the purpose
intended by Caterpillar Motoren in making same available. |
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2.3. |
Information, software and documentation may not
be distributed by the User to any third party at any time nor may
it be rented or in any other way made available. Unless such is allowed
by mandatory law, the User shall not modify the software or documentation
nor shall it disassemble, reverse engineer or decompile the software
or separate any part thereof. The User may make one backup copy of
the software where necessary to secure further use in accordance with
these Terms of Use. |
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2.4. |
The information, software and documentation are
protected by copyright laws as well as 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 alphanumeric code, marks or copyright notices
neither from the information nor from the software or documentation,
or any copies thereof. |
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2.5. |
Sections 69 a et seq. of the German Copyright
Law shall not be affected hereby. |
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3. |
Intellectual Property |
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3.1. |
Notwithstanding the particular provisions in Section
2 of these Terms of Use, information, brand names and other contents
of the Caterpillar Motoren 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 Caterpillar Motoren. |
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3.2. |
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. |
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4. |
Hyperlinks |
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The Caterpillar Motoren Web Site may contain hyperlinks
to the web pages of third parties. Caterpillar Motoren 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 Caterpillar Motoren 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. |
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5. |
Liability for defects of title or quality |
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5.1. |
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
but not limited to, 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 wilful
misconduct or fraud. |
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5.2. |
The information on the Caterpillar Motoren Web
Site may contain specifications or general descriptions related to
the technical features of individual products which are of a general
nature and may not be available or relevant in certain cases (e.g.
due to product changes). The required performance and features of
the product shall therefore be mutually agreed in each case at the
time of purchase. |
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6. |
Other Liability, Viruses |
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6.1. |
The liability of Caterpillar Motoren for defects
in relation to quality and title shall be determined in accordance
with the provisions of Section 5 of these Terms of Use. Any further
liability of Caterpillar Motoren is excluded unless required by law,
e.g. under the Act on Product Liability or in cases of willful misconduct,
gross negligence, personal injury or death, failure to meet guaranteed
characteristics, fraudulent concealing of a defect or in case of breach
of fundamental contractual obligations. Damages in case of breach
of fundamental contractual obligations are limited to the contract-typical,
foreseeable damage if there is no willful misconduct or gross negligence. |
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6.2. |
Although Caterpillar Motoren makes every endeavor
to keep the Caterpillar Motoren Web Site free from viruses or other
harmful data, Caterpillar Motoren cannot make any guarantee that it
free from such. 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. |
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6.3. |
Sections 6.1 and 6.2 do not intend nor imply any
changes to the burden of proof to the User's disadvantage. |
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7. |
Supplementary Agreements, Place of Jurisdiction,
Applicable Law |
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7.1. |
Any supplementary agreement requires written form. |
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7.2. |
The place of jurisdiction shall be Kiel if the
User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch). |
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7.3. |
The individual pages of the Caterpillar Motoren
Web Site are operated and administered by Caterpillar Motoren and/or
its affiliates. The pages comply with the law applicable in the country
where the responsible company has its business residence. Caterpillar
Motoren makes no representation that information, software and/or
documentation on the Caterpillar Motoren Web Site are appropriate
or available for viewing or downloading at locations outside such
country. If Users access the Caterpillar Motoren Web Site from outside
such country, they are exclusively responsible for compliance with
all applicable local laws. Access to Caterpillar Motoren Web Site's
information, software and/or documentation from countries where such
content is unlawful is prohibited. In this case and where the User
seeks to do business with Caterpillar Motoren, the User should contact
the Caterpillar Motoren representative for the particular country
for country specific business. |
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7.4. |
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, 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. |
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8. |
Privacy |
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8.1. |
Data Protection
Caterpillar Motoren places value on the protection of your personal
data. This site and all related activities are administered according
to data protection laws for tele-services, the federal data protection
laws and further applicable regulations regarding data protection
and security. |
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8.2. |
Processing personal information
On our website, we collect, process and save personal data only to
the extent necessary, such as when we need to answer queries or provide
you with access to special information and services. To process personal
data, we are required to use information you have provided voluntarily
(i.e. by registering per Internet), for which you have given us explicit
permission (i.e. by filling out the website application) or which
respective laws and regulations regarding the protection of information
explicitly permit us to use.
As far as you have given us explicit permission, we would use your
personal data to inform you about further services of Caterpillar
Motoren which could be pertinent to your business goals. We appreciate,
however, any objection you may have to such marketing activities.
Regardless of your position, we guarantee that personal data will
in no case be passed on to third parties for marketing purposes. |
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8.3. |
Automatically processed information of non-personal
nature
When you visit our website, some non-personal data is automatically
processed (i.e. browser type, operating system, domain name, previously
visited websites, number of visits, average viewing time, pages visited).
Caterpillar Motoren uses this statistical information to help determine
the website's appeal, to increase its capacities and to steadily improve
its contents. |
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8.4. |
Protecting against information abuse
Caterpillar Motoren has taken both technical and organisational measures
to ensure that data processing is done in compliance with applicable
data privacy laws and to protect against negligent or illegal access
to, alteration, distribution or deletion of your personal information.
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8.5. |
Questions regarding privacy
If you have any questions, comments or suggestions regarding terms
of use and privacy do not hesitate to contact us.
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