1. Scope
1.1 Any use of this web site
("PRISMALUX Web Site") provided by PRISMALUX S.r.l. and/or its subsidiaries ("PRISMALUX") 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. Log-ins to this web site
or, where a log-in is not required, accessing or using this web site, signifies acceptance of
these Terms of Use in their then current version.
2. Services
2.1 The PRISMALUX Web Site contains
specific information and software, as well as - as the case may be - related documentation for
viewing or downloading.
2.2 PRISMALUX reserves the right to cease operation of the
PRISMALUX Web Site, in part or in its entirety, at any time. Due to the nature of the Internet
and computer systems, PRISMALUX cannot accept any liability for the continuous availability of
the PRISMALUX Web Site.
3. Registration, Password
3.1 Some pages of the
PRISMALUX Web Site may be password protected. In the interests of safety and security of
business transactions, only registered Users are permitted to access such pages. PRISMALUX
reserves the right to deny registration to any User. PRISMALUX particularly reserves the right
to demand User registration for pages which were previously freely accessible. PRISMALUX 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
- provides incorrect data for the purpose of registration,
- violates these Terms of Use or neglects to exercise sufficient care in handling his or her
User Data,
- violates any applicable laws in accessing or using the PRISMALUX Web Site,
- did not use the PRISMALUX Web Site for a longer period of time.
3.2 During registration, the User shall give accurate
information, and, where such information changes in the course of time, shall update this
information (online, to the extent possible) without undue delay. The User shall ensure that his
or her e-mail address, as supplied to PRISMALUX, is current at all times and is 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"). On first access, the User
shall change the password provided by PRISMALUX into a password known only to the User. User
Data allows the User to view of change his or her own data or to withdraw or grant consent to
processing of his or her data.
3.4 The User shall ensure that User Data is not
accessible to third parties and is liable for all transactions and other activities carried out
under his or her User Data. At the end of each online session, the User shall log-off from the
password protected area. If, and to the extent, the User becomes aware that third parties are
misusing his or her User Data, the User shall notify PRISMALUX thereof without undue delay in
writing, as well as by immediate e-mail where applicable.
3.5 After receipt of the
notification in section 3.4, PRISMALUX 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
PRISMALUX or upon new registration.
3.6 The User may at any time request termination
of his or her registration in writing, provided that the deletion will not violate the proper
performance of contractual relationships. In such an event, PRISMALUX will delete all User Data
and any other personal data related to the User as soon as this data is no longer
needed.
4. Rights of Use to Information, Software and
Documentation
4.1 The use of any information, software and documentation made
available on this PRISMALUX Web Site is subject to these Terms of Use. Separately agreed license
terms take priority over these Terms of Use.
4.2 PRISMALUX grants the User a
non-exclusive and non-transferable license to use the information, software and documentation
made available to the User on the PRISMALUX Web Site to the extent agreed, or, in the event of
no such agreement, to the extent of the purpose intended by PRISMALUX in making the same
available, provided none of the restrictions in section 5 apply.
4.3 Software shall
be made available free of charge in object code. There shall be no obligation for source code to
be made available. This shall not apply to source code of Open Source software, the license
conditions of which take priority over these Terms of Use when the said software is passed on
and which demand availability of the source code. In such case PRISMALUX shall make the source
code available in return for the payment of incurred costs.
4.4 Information, software
and documentation may not be distributed by the User to any third party at any time, nor may it
be rented or made available in any other way. Unless such is allowed by mandatory law, the User
shall not modify the software or documentation nor 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.
4.5 The
information, software and documentation are protected by copyright laws as well as international
copyright treaties and 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.
5. Intellectual Property
5.1 The materials
provided on the PRISMALUX Web Site, including all content, information, photographs,
illustrations, graphics, names, trademarks and logos, are the property of PRISMALUX S.r.l. or
its licensors and are protected by copyright and trademark laws and other intellectual property
rights. Materials are for personal, non-commercial use only. Notwithstanding the particular
provisions in section 4 of these Terms of Use, the contents of the PRISMALUX Web Site as
described above may not be changed, copied, reproduced, sold, rented, used, supplemented or
utilised in any other way without the prior written permission of PRISMALUX
S.r.l..
5.2 Nothing contained in the above shall be construed as granting by
implication or otherwise any license or right to use any patent, trademark or any other
intellectual property right of PRISMALUX S.r.l.. Nor does it grant any license or rights to use
any copyrights or other rights related to the materials described above.
5.3 The word
and device trademark PRISMALUX, other product trademarks, illustrations and logos identify
PRISMALUX products and are the property of PRISMALUX S.r.l.. Eventually, registrations have not
yet taken place in all relevant countries.
5.4 Use of these names and trademarks
requires express permission of PRISMALUX S.r.l.. The use of the name PRISMALUX as a reference is
permitted, e.g. for a link to this web site. PRISMALUX S.r.l. must receive prior notification of
such use.
6. Duties of the User
6.1 In accessing or using
the PRISMALUX Web Site, the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in his or her 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;
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of
viruses, defects or similar material; additionally, the User shall not solicit participation
in any lottery, snowball system, chain letter, pyramid game or similar activity
6.2 PRISMALUX may deny access to the PRISMALUX Web Site at any
time, in particular if the User breaches any obligation arising from these Terms of Use.
7. Hyperlinks
The PRISMALUX Web Site may
contain hyperlinks to the web pages of third parties. PRISMALUX 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. PRISMALUX 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
8.1 For all kinds of damages, we
shall be liable in accordance with the legal provisions only in the event of (1) intent and
gross negligence, (2) in cases of damage to health, physical injury or death, (3) in case of the
assumption of delivery or quality guarantees, (4) in cases of malicious concealment and (5) in
cases of claims based on the Product Liability Act. If we are in culpable breach of an essential
obligation or if the client is entitled to claims for compensation of damage in place of
performance, the liability shall be limited to compensation for typically occurring, foreseeable
damages. No other claims for damages (e.g. consequential damages) may be asserted against us.
Essential obligations shall mean for the purpose of these terms those obligations protecting the
customer´s essential legal positions, which the contract is meant to grant according to its
content and purpose; in addition, those obligations, enabling the fulfilment of the contract and
regularly trusted on by the customer are deemed to be essential obligations (e.g. delivery of
the agreed products with the agreed characteristics, respectively the characteristics stated in
the specifications, in due time and suitability of those products for the agreed purpose,
respectively the purpose stated in the product description).
8.2 The information on
the PRISMALUX 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 upon in each case at the time of purchase.
9. Viruses
Although PRISMALUX makes every
effort to keep the PRISMALUX Web Site free from viruses, PRISMALUX cannot make any guarantee
that it is virus-free. The User shall, for his or her 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. Export Controls
The export of certain
information, software and documentation may, e.g. due to its nature or intended use or final
destination, be subject to authorisation. The User shall strictly conform to the export
regulations for information, software and documentation, in particular with those of the EU as
well as the individual EU member states and the USA. PRISMALUX shall label such information,
software and documentation requiring authorisation in accordance with Italian and EU export
control lists and the U.S. Commerce Control List.
11. Supplementary Agreements, Place of Jurisdiction,
Applicable Law
11.1 Any supplementary agreement requires the written
form.
11.2 The individual pages of the PRISMALUX Web Site are operated by and
administered by PRISMALUX and/or its subsidiaries. The pages comply with the law applicable in
the country where the responsible company has its business residence. PRISMALUX accepts no
responsibility for the fact that said information, software and/or documentation on the
PRISMALUX Web Site can be viewed or downloaded at locations outside such a country. If Users
access the PRISMALUX Web Site from outside such a country, they are exclusively responsible for
compliance with all applicable local laws. Access to the PRISMALUX Web Site's information,
software and/or documentation from countries where such content is unlawful is prohibited. In
such cases, and where the User wishes to enter into a business relationship with ORSAM, the User
is asked to contact the PRISMALUX representative in the respective country.
11.3
These Terms of Use shall be governed by Italy law.
11.4 The place of jurisdiction
shall be Milan.