Charrmy Industries Co., Limited - Terms of Use
   
1.  Scope

1.1  Any use of the Web site provided by Charrmy Industries Co., Limited (hereinafter referred to as "Charrmy Web Site") is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, for instance, terms and conditions for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Charrmy Web Site these Terms of Use are accepted in their then current version. 

1.2  These Terms of Use does not apply to any use under which the Users log in other Web sites through Charrmy Web Site, unless stipulated otherwise. 

2.  Services

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

2.2  Charrmy may stop the operation of the Charrmy Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Charrmy shall take no responsibility for the continuous availability of the Charrmy Web Site. 

3.  Registration and Password

3.1 Some Web pages of the Charrmy Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access the aforementioned pages. Charrmy  reserves the right to deny registration to any User. Charrmy  particularly reserves the right to determine certain pages, which were previously freely accessible, subject to registration. Charrmy  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 Charrmy Web Site; or do not use the Charrmy Web Site any longer.

3.2  For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible, online update ) without undue delay. The User shall ensure, that its e-mail address, as supplied to Charrmy , 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"). On first access the User shall promptly change the password received from Charrmy  into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

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 web pages. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Charrmy  thereof without undue delay in writing, or, as the case may be, by e-mail. Charrmy  shall not be responsible for the loss or misuse of any log-in information or User Data. 

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

3.6 The User may at any time request termination of his registration in writing, provided that the termination will not disturb the proper performance of relevant contracts. In such event Charrmy  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 of Information, Software and Documentation 

4.1 The use of any information, software and documentation made available on or via this Charrmy 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 on with Charrmy . Separately agreed license terms shall prevail over these Terms of Use. 

4.2  Charrmy  grants User a non-exclusive and non-transferable license, which shall not be sublicensed, to use the information, software and documentation made available to the User on or via the Charrmy Web Site to the extent licensed, or in the event of no such agreement, to the extent of the purpose intended by Charrmy  in making the information available.

4.3  Information, software and documentation shall not be transferred, rented or provided otherwise by the User to any third party at any time. Unless allowed by mandatory law, the User shall not modify the software or documentation nor shall he disassemble, modify design or decompile the software or its separate 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. 

4.4  The information, software and documentation are protected by copyright laws, international copyright treaties as well as other laws and conventions with respect to intellectual property. The User shall observe such laws and in particular shall not modify, disclose or remove any alphanumeric code, marks or copyright notices from the information, software, documentation, or any copies thereof.  

5.  Intellectual Property

5.1 Without prior written consent of Charrmy , information, brand names and other contents of the Charrmy Web Site shall not be disseminated, delivered, changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way.

5.2  Except for the rights of use and other rights expressly granted in these Terms of Use, no other rights are granted to the User, nor shall any obligation of Charrmy  to grant any other right be implied upon the request of the User . Any and all patent rights and licenses are expressly excluded.

6.  Duties of the User

6.1  In accessing or using the Charrmy 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 rights or any other proprietary right; upload any contents containing any virus, 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 lucky-draw, lottery, snowball system, chain letter, pyramid game or similar activity.

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

7.  Hyperlinks

7.1  The Charrmy Web Site may contain hyperlinks to the web pages of third parties. Charrmy  shall take no liability for the contents of such web pages and does not make representations or endorse such web pages or their contents as its own, as Charrmy  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 costs to the User, 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 Charrmy Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (for example due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8.3  Any risk arising from the use of the Charrmy Web Site shall be taken by the User. Charrmy  does not authenticate the provided information, including its merchantability, fitness for a certain use, rights, transaction process or any implied warranties and conditions. Charrmy  shall not be responsible for any claim or loss regarding warranty, no matter such claim or loss is attributable to legal causes or not, no matter it is stipulated in contracts or warranties or not, no matter satisfactory remedies have been taken or not, no matter torts (including willfulness and negligence) have been proved or not, no matter a limitation of liability is applicable or not, nor matter a claim or other argument based on law has been established. In particular, Charrmy  shall not be responsible for any loss attributable to consultation and aid provided during the process of configure, or operation discontinuity or software defects, unless provided by law, or in cases of breach of fundamental contractual obligations, willful disobey or gross negligence which results in an omission of expressly stated obligations. Notwithstanding the above provision, any liability arising from breach of fundamental contractual obligations shall be limited to forecasted damages or losses usually stipulated in contracts, unless such breach is attributable to willfulness or negligence. 

9.  Other Liability and Viruses

9.1  The liability of Charrmy  for defects in relation to quality and title shall be determined in accordance with the provisions of ¡ì 8 of these Terms of Use. Any further liability of Charrmy  is excluded unless required by law, for instance, under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. 

9.2  Although Charrmy  makes every Endeavour to keep the Charrmy Web Site free from viruses, Charrmy  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.

Charrmy  shall not be responsible for any loss or damage of the User attributable to viruses.     

10.  Export Controls

10.1  The export of certain information, software and documentation may, for instance, due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with 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. Charrmy  shall label information, software and documentation in relation to German and EU Export Control Lists and U.S. Commerce Control List. 

10.2  The User shall particularly check and verify that the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons; no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin; no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods; no military consignees shall be supplied; the warning instructions of the respective Chinese authorities shall be observed.

Access to software, documentation and information on the Charrmy Web Site shall only take place if such access conforms with the above checks and guarantees. Where the User does not comply with the above, Charrmy  shall not be obliged to perform.

10.3  Upon request Charrmy  shall inform the User of the relevant contact access for further information.    

11.  Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Charrmy Web Site, Charrmy  shall comply with applicable laws on data privacy protection and the Charrmy Web Site Information Privacy Protection Policy, which is available per hyperlink on the Charrmy Web Site or on www.charrmy.com