2. Services Provided by ams
2.2 ams reserves the right to shut down the Web Site, in whole or in part, at any time.
3. Intellectual Property Rights to the Information published on the Web Site
3.1 The information published on the Web Site, including the editorial materials; informational texts; documentation; databases; photographs; video and audio clips; downloads; illustrations; artistic designs and other graphical elements; materials; names; trademarks; and logos are the property of ams or the licensors of ams and are protected under national and international copyright law and/or intellectual property rights related to databases, trademarks, and other industrial property. You shall observe these rights and, in particular, you shall not remove alphanumeric codes, marks or copyright notices from the information, or the documentation, nor from any copies thereof.
3.2 You may not systematically download, reproduce and/or disseminate the information on the Web Site.
3.3 The word and figurative mark ams, other product trademarks, illustrations and logos identify ams products and are the registered property of ams or its licensors. Trademark registrations may not yet have taken place in all relevant countries. These trademarks may only be used with the express permission of ams. The ams name may be used to identify or reference goods or services provided by ams, e.g. to reference this Web Site.
4. Rights to Use the Information Posted on the Web Site
4.1 ams grants you the non-exclusive, revocable, non-transferable and non-sublicensable right to access the information provided on the Web Site and to use the information for personal and non-commercial purposes. Above and beyond the personal and non-commercial use, you may not change; copy; reproduce; sell; lease; transmit; display; publish; license; process; use; supplement or otherwise exploit the information published on the Web Site without the express consent of ams.
4.2 Above and beyond the rights granted in item 4.1, nothing shall be construed as granting you, by implication or otherwise, any license or any right to use a patent, a trademark or any other intellectual property right of ams. Nor is any license or any right to use a copyright or other rights related to the information published on the Web Site granted thereby.
5. Your Duties When Using the Web Site
5.2 When using the Web Site, you may not:
- harm other persons, in particular minors, or infringe their right to privacy;
- breach public morality through your manner of using the web site;
- infringe any intellectual property rights and copyrights, or any other proprietary rights;
- upload any content containing a virus, so-called Trojan horses or any other program that could damage or modify the software;
- damage, deactivate, overload or in another way adversely affect servers or networks that ams uses;
- obtain unauthorized access to accounts, computer systems or networks that are linked to the Web Site;
- enter, store or upload hyperlinks or content to which you are not entitled, particularly in cases where such hyperlinks or content are in breach of confidentiality obligations or unlawful;
- disseminate advertising, unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects and the like, or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes or similar activities.
5.3 The Web Site may not be framed.
6. Warranty and Liability
6.1 ams is responsible for “its own content” on the Web Site in accordance with applicable law. However, ams does not assume any liability for the accuracy, up-to-dateness and completeness of the content, information, data and materials on the Web Site. Furthermore, ams makes no representations, warranties and/or guarantees regarding the use of the Web Site or any of its components for any particular purpose. Cross-references (i.e. “links”) to content made available by other providers must be distinguished from ams’ own content. Such links enable ams to make “third-party content” available for use on its Web Site. Any such third-party content is reviewed at the time the link is created as to whether the link may trigger any potential liability under civil or criminal law. It cannot be precluded, however, that the respective providers will modify their content at some point in time. Please notify us if you believe that the linked, third-party pages violate applicable law or otherwise contain inappropriate content.
6.2 ams endeavors to ensure that the Web Site is available uninterruptedly. Due to the nature of the Internet and computer systems, however, ams cannot guarantee these services. In particular, your access to the Web Site may be interrupted or limited from time to time so that we can make adjustments or carry out updates.
6.3 ams assumes no liability for direct or indirect damages, including consequential damages, incurred by the user through the use of content, data, materials or information on the Web Site. This does not apply in the case of intent and gross negligence or insofar as liability is mandatory under applicable statutory law.
6.4 The information on the Web Site may contain specifications or general descriptions related to the technical capabilities of individual products, which may not be available in individual cases (e.g. due to product changes). This Web Site does not allow the purchase of products. For the purchase of products, only the conditions of those web sites on which the purchase is made are applicable. The products’ desired performance features thus must be agreed upon in every case at the time of purchase.
Although ams makes every effort to keep the Web Site free of viruses, ams cannot guarantee that it is free of viruses. Before using the Web Site and, in particular, before downloading information, for your own protection as well as to prevent the transmission of viruses to the Web Site, you shall take the necessary steps to ensure appropriate and up-to-date security measures and virus scanners at your end.
8. Country-Specific Requirements and Contact Info
8.1 The individual pages of the Web Site are operated and administered by the ams entity specified on the respective Web Site along with their respective contact information.
8.2 The pages take the requirements of the respective country into account where the given company has its place of business. ams does not accept any responsibility for the fact that information on the Web Site may be viewed or downloaded at locations outside the given country. If users access the Web Site from outside the given country, they alone are responsible for complying with all applicable rules and regulations under that country’s laws. It is prohibited to access the information on the Web Site from countries where such access is unlawful. In such cases, and where the user wishes to enter into a business relationship with ams, the user should contact ams representatives in the respective country.
9. Export Controls
The export of certain information may – e.g. due to its nature or intended use or final destination – be subject to authorization. The user shall strictly comply with the export regulations that apply to the information, in particular, those of the EU and/or individual EU member states as well as those of the USA. If applicable, ams shall label any information requiring authorization in accordance with the EU export control list as well as the U.S. Commerce Control List.
10. Data Privacy
12. Ancillary Agreements, Applicable Law and Arbitration
12.2 Austrian law shall apply subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant within the meaning of the Austrian Commercial Code (UGB), arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with these Rules shall be deemed agreed. The place of arbitration shall be Vienna.