Sales partner support

General conditions of use ("GCUs") of USM U. Schärer Söhne AG ("USM")

I. General Remarks

1.) By accessing these web pages, you accept these GCUs. Please read these conditions carefully before visiting our website. USM has the right to revise these conditions without prior notice. You are bound by any amendments to these conditions; accordingly you should consult these pages regularly and check the conditions stated here. You may order a hard copy of these GCUs in their currently valid form by sending an e-mail to the following address: [email protected]

2.) In order to use these web pages, you need a User ID and a password. Your User ID and password are personal to you and non-assignable. Please protect both from third party access. You are personally responsible for any misuse of your User ID and your password if you have not treated them with the required care. The misuse of the User ID and the password will lead to your access being blocked immediately.

3.) All deliveries or transmissions as well as the granting of rights of use are made subject to confirmation, non-exclusively and in accordance with the conditions set out below.

4.) The content and information offered changes regularly and without advance notice. Their availability and completeness cannot be guaranteed, due to technical, organizational or other factors.

5.) The content and information offered is often amended and updated. Please use it therefore "as needed", i.e. in response to a specific need. The indiscriminate downloading of entire directories is not permitted.

6.) Any violation of these GCUs leads without prior warning to the cancellation of the right of use and to the blocking of your account, i.e. of your User ID and your password.

7.) USM provides no assurances or guarantees with regard to the availability of these web pages and their content. You have no right of redress if these web pages are temporarily or permanently offline.


8.) The conditions laid down in the agreements made with dealers and service partners also apply, in addition to these General Conditions of Use.

II. Use of photographic data

1.) All master images must be treated as if original and provided with the copyright notice ("© by usm"). By downloading, the user acquires a limited, non-exclusive, personal, non-assignable right of reproduction which may not be sub-licensed and which is limited to the country in which the user has his place of residence or headquarters, i.e. the right to reproduce the photographic data protected by copyright and to use such data in the market in advertising material (advertisements, brochures, flyers, online-media, and similar). Graphic data may only be used in connection with the performance of the tasks laid down in the agreements made with dealers and service partners, and only during the period of validity of these agreements. Use for any other purpose is not allowed. No further rights of use are granted. All graphic data may only be used in the original version.

2.) For high resolution (300 dpi) graphical material for printing purposes the following restrictions also apply:


• When ordering high resolution (300 dpi) graphical material, the user must provide detailed information on the nature of the intended use. Depending on the information provided by the user, USM will decide on whether to grant its consent. The rights of use are granted on the basis that the information provided is true and complete, and relate only to a single use of the graphical material. USM must be informed again prior to any further use. Consent may be revoked at any time without stating the reasons therefore.

• If the information provided by the user does not correspond to the actual form of use, consent is deemed to be revoked. Use of the graphic data other than in accordance with the instructions given to users and without permission is prejudicial to USM’s intellectual property rights. The user becomes liable to pay damages and must indemnify USM in full in respect of any third party claims.

• The payment of damages does not lead to the acquisition by the user of any ownership or other rights in relation to the USM photographic data.

• The photographic data must be returned or deleted from the electronic storage medium immediately after use.

3.) The copyright notice must be visible in every case and applied individually to all photographic data in such a way that there can be no doubt that it applies to the image in question. Collective references to material are sufficient only if there is no doubt that they apply to the image in question. In the case of high resolution (300 dpi) graphical material for printing purposes, we must be notified which image has been used in which place in which publication. The user must indemnify USM in full in respect of any third party claims arising from any failure to apply the copyright notice. The right to be identified as author cannot be avoided by payment of an increased fee. The foregoing also applies to advertising, flashes in television programmes and films, or other media, in the absence of a special express, written agreement.

4.) Any processing or modification of the work protected by copyright, e.g. by copying, subsequent photographing, photo composing or electronic aids is not permitted. Any exceptions require a separate agreement. The rights of persons to their own image must be respected by the user. Illicit uses of or tampering with the image or the text as well as uses that could lead to the vilification of persons shown or to the trivialization or damage to the reputation of USM products are not permitted and lead to the user being liable to pay damages. Any use of the USM-photographic data for comparable advertising with rival products is prohibited.

5.) Slide duplication and internegatives, reproductions, enlargements and electronic storage of photographic data for the archiving purposes of the user, together with the passing on to third parties are not permitted. Special cases require our express written consent.

6.) The user is obliged to provide USM without being requested to do so with information on the use of the USM photographic data and to send USM a copy of the work in electronic form.

7.) The user is obliged to respect personal rights, the Federal Act on Unfair Competition and the principles on publishing of the Swiss Press Council (Declaration of the rights and obligations of journalists and related guidelines). He bears exclusive responsibility for the wording of the text. The user is obliged to indemnify USM in full in respect of any loss, damage or detriment incurred as a result of any violation of the general right of privacy or of copyright and against all claims by any unauthorized use of image or text or use that distorts the meaning thereof.

8.) The passing on of USM photographic data, copies of works or of reprinting rights to third parties requires the express consent of USM.

9.) We expressly reserve the right to pass on secondary rights to collecting societies.

III. Use of Marketing and Sales Materials (the "Materials")

1.) USM offers no guarantee of any nature in respect of the materials offered on these web pages. Their use is made at your own discretion and is your own responsibility. Please ensure before use that these materials may be made accessible to the customer or the general public under local legislation, and in particular (but not exclusively) in terms of the law on unfair competition.

2.) The materials may be used only for advertising and sales purposes. In addition, the passing on of the materials is prohibited.

3.) The materials must not be altered or processed.

4.) Please ensure that you always use the up-to-date versions.

If you download software from the website, the following conditions apply to its use:

1.) USM grants you a limited, revocable, non-exclusive, personal, non-assignable licence to use the software, which may not be sub-licensed.

2.) The software may be used only for the purposes mentioned in the Agreement on the Sales and Service Partnership (the "Agreement") and for the duration of the Agreement. Any use for other purposes is prohibited. In particular (but not exclusively) the following are not permitted:

• Making copies of the software, with the exception of one (1) copy for back-up purposes, whereby this copy must be stored in a secure place and protected against access by third parties;

• Making the software accessible to third parties or to the general public in the event that this is not required for the fulfilment the Agreement; and

• Processing or modifying the software, other than with the prior written consent of USM.

3.) On termination of the Agreement, the software must be returned in its entirety to USM without delay. Any archive and back-up copies must be deleted and their deletion must be confirmed in writing by the sales partner.

4.) You are responsible for the installation of the software. You are advised to contact a specialist if you require assistance with the installation.

5.) USM gives no guarantee that the software is free from defect or to its suitability for use. Any warranty claims are excluded insofar as this is permitted by the law.

V. Use of the 2D/3D libraries

The 2D/3D libraries may be used only by means of compatible CAD programs. You are solely responsible for obtaining such programs and the licences required. You are prohibited from using the libraries by means of CAD programs if you do not hold the relevant licences for these programs.

VI. Intellectual property rights

1.) All trademarks and identification marks, (including, but not limited to service marks, trade names, logos, icons and domain names), patents and copyrights as well as related rights of use are the exclusive property of USM.

2.) Unless expressly regulated in these GCUs, you are not granted any licence or right to use the intellectual property rights of USM or of other suppliers through the use of these web pages. Any unauthorised use of the content of these web pages may violate copyrights, trademark rights, and personal rights as well as standards and rules of competition and data protection law.

3.) If not specifically stated above, any use is subject to the provisions of the Swiss Copyright Act.

1.) You may refer by means of a hyperlink on your website to the USM homepage (currently located under http://www.usm.com) provided your website does not contain any material, names or information that are defamatory, offensive, obscene, indecent or unlawful and contains no content that infringes copyright or property rights. It is prohibited to refer by hyperlink to pages other than the USM homepage (so-called deep linking).

2.) You must not show any web pages from the domain usm.com within a frameset.

VIII. Data Protection

1.) All messages and information that you transmit by e-mail or by any other means to this website, including queries, comments, references or proposals will not be treated as confidential and become the property of USM. We may use the content of these communications for any purpose, including their publication or selective disclosure to third parties. USM is free to use any ideas or concepts contained in your communications with this website for any purpose, including the development or marketing of USM products, without your acquiring any rights to compensation or reimbursement.

2.) USM is entitled but not obliged to monitor movements of data to and from these web pages. Data on hits on the website may be collected by using server log books and cookies. This information will be used to improve the content of these web pages as well as USM services in general. Each user grants his consent to the processing of the data he transmits as well as to receive USM advertising communications.

3.) The USM data protection declaration also applies http://www.usm.com/php/general/privacy.php?client=usm&language=E.

IX. Confidentiality

In the event that any content on these web pages is marked "VERTRAULICH" (CONFIDENTIAL) or similar, or of it is by its nature or circumstances confidential in character, you are obliged to treat such content as strictly confidential, not to disclose it to third parties and not to use it for advertising or sales purposes. You will require your employees through appropriate measures to ensure the confidentiality of such content.

X. Limitation of liability

1.) You hereby declare that you use these web pages at your own risk and acknowledge that any information contained therein is made available “as is” and that USM provides no form of assurances or guarantees, whether express or implied, in relation to the data made available, including but not limited to assurances or guarantees on the non-violation of third-party rights or suitability for a specific purpose or use. USM provides no guarantee that the content of this website is compatible with your technical equipment or that it is free of defects or viruses, worms or “Trojan horses” and accepts no liability for any loss or damage that you may incur as a result of such destructive elements.

2.) USM declines all liability, in terms of the statutory limits, for:

• loss or damage incurred as a result of the authorised or unauthorised use of these web pages or the offers on these web pages, irrespective of whether such loss or damage may have been caused through the fault of USM or its employees or of auxiliary personnel, partners, suppliers, agents, or in any other way, and in particular for costs arising therefrom, pure financial losses, consequential losses, loss of data, liability risks in relation to third parties, loss of earnings and unprofitable expenditure;

• Errors, inaccuracies, omissions, delays or any other failure that has been caused by your technical equipment or by your use of these web pages by means of such equipment.

3.) USM (a) provides no guarantee (whether express or implied) in relation to the links that are offered on the website or which refer to the website references, (b) provides no guarantee as to the accuracy, completeness, usefulness or the suitability of the services, goods or advertising of other websites that are linked to our web pages and (c) provides no recommendations (whether express or explicit) in relation to other websites, services, goods or advertising.

4.) USM provides no guarantees and is not responsible for the reliability or the continual availability of the telephone lines or other systems as well as the technical equipment that you use in order to access this website. You are aware that USM and / or others that are involved in the design and operation of these web pages may decide at any time and without warning to terminate, prevent or prohibit access to the content offered or to charge a fee for its use.

XI. Duration and Termination

Your authorisation for access to these web pages and to use the content in accordance with these provisions continues for as long as you have a valid Agreement on the Sales and Service Partnership with USM. If the marketing contract with USM is terminated (for whatever reason, your authorisation to access and use these web pages terminates at the same time.

XII. Governing law and Jurisdiction

1.) These GCUs are governed by Swiss law, excluding the rules on the conflict of laws.

2.) By visiting our web pages, you accept that the ordinary courts at the registered office of USM have exclusive jurisdiction over any disputes arising from or connected with your use of these web pages.

XIII. Printer’s imprint

USM U. Schärer Söhne AG, Thunstrasse 55, CH-3110 Münsingen,
Tel. 031-720 72 72
Company limited by shares with registered office in Münsingen/Switzerland
Entered in the Commercial Register of Bern-Mittelland/Switzerland,
Company number: CH-035.3.026.439


Represented by/acting through:
Alexander Schärer (President of the Board)
Judith Stuber-Schärer (Member of the Board)
Alfred Friederich
Jelena Geiser
André Gerber
Ernst Hauser
Peter Thalmann
Hans Zaugg
Thomas Dienes
 

Version 4.00 of May 2013