General conditions for use of the FTE automotive website

1. Scope

1.1
The websites offered by Valeo Powertrain GmbH shall be used exclusively on the basis of these conditions, unless otherwise agreed with the FTE automotive national companies. Commencement of use shall be taken to indicate acceptance by the user of the validity of these terms and conditions of use in their respective version.

1.2
In individual cases, these general terms and conditions of use may be supplemented, modified or replaced with other conditions, e.g. for purchase or sale of products and/or services.

1.3
If the FTE automotive website is used in the exercise of a commercial or independent professional activity or for a public body, § 312e (1) page 1 no. 1 - 3 of the Civil Code of the Federal Republic of Germany shall not apply.

2. Content of the FTE automotive website

2.1
FTE automotive provides certain information and software, potentially with additional documentation, for retrieval or download from the company website, subject to change, without obligation and without claim to completeness.
FTE automotive shall be entitled to cease operation of the FTE automotive website at any time, in full or in part, without prior notification or to change the content.
Due to the nature of the internet and computer systems, FTE automotive provides no guarantee for uninterrupted availability of this website.

2.2
All technical data and information on our website and e.g. in catalogues, brochures or data sheets irrespective of their nature or content are based on the results of our development and expertise. Those date and information are only determined for the purpose of product descriptions for professionals. They may vary or be not appropriate depending from the intended application of the product or the operational or environmental conditions. The data and information under no circumstances are determined for or may be deemed a legally binding statement or advice in regards in particular but not limited to identify special characteristics, specifications or guarantees for quality, nature or durability. Each selection, choice or application of the products mandatorily requires an examination and testing in the sole responsibility of the professional in regards to the product’s eligibility, admissibility and compliance in particular with and not limited to legal requirements, harmonized norms and the compatibility with technical and any other conditions relevant for the intended purpose or use. FTE automotive expressly reserves the rights for technical or any other changes relevant for an application at any time and without prior announcements.

3. Rights of use

3.1
The use of the information, software and documentation provided on the FTE automotive website shall be subject to these conditions or, in the case of updates of information, software or documentation, shall be subject to the pertinent license conditions previously agreed with FTE automotive. Separately agreed license conditions shall have priority over these conditions.

3.2
FTE automotive shall grant users a non-exclusive and non-transferable right to use the information, software and documentation provided on the FTE automotive website in the scope agreed or, if not agreed, in the scope corresponding to the purpose pursued by FTE automotive through the provision and license.

3.3
Software shall only be licensed free of charge in a machine-readable form. There shall be no claim to publication of the source code. This excludes source codes of Open Source software whose license provisions, which take priority over these conditions in the event of the distribution of Open Source software, prescribe the publication of the source code. In this case, FTE automotive shall provide the source code at a charge.

3.4
At no time may information, software or documentation be sold, rented or licensed to third parties in any other way by the user. Unless explicitly permitted by legal regulations, the user may not change, reverse engineer or retranslate the software or its documentation or extract parts thereof. The user may create a backup copy of the software if this copy is required for protection of future use on the basis of these terms and conditions of use.

3.5
The information, software, and documentation is protected both by copyright laws and by international copyright agreements as well as by other laws and agreements on intellectual property. The user must observe these rights and, in particular, shall not remove alphanumerical identifications, marks and copyright notices from the information, software or documentation nor from copies thereof.

3.6
In other respects, §§ 69a et seq. of the Copyright Act shall remain unaffected.

4. Intellectual property

4.1
Notwithstanding the special provisions in section 4 of these terms and conditions of use, information, brand names and other content from the FTE automotive website may not be changed, copied, duplicated, sold, leased, used, supplemented or reused in any other way without the prior written consent of FTE automotive.

4.2
Outside the usage or other rights explicitly granted herein, the user shall not be granted any other rights of any kind, in particular to the company name and to commercial property rights, such as patents, utility models or brands, nor shall FTE automotive agree to a corresponding obligation to grant such rights.

5. Registration and use of protected pages

5.1
Some pages of the FTE automotive website are password-protected. In the interests of the security of business, only registered users can access these sites. Users shall have no claim to registration by FTE automotive. In particular, the company reserves the right to impose a registration requirement on websites which were previously freely accessible. FTE automotive shall be entitled to revoke the access authorization at any time by blocking the access data, without specifying the reason, in particular if the user has given false information for registration,
has violated the conditions of use or has violated his duty of care in handling the access data, has violated any applicable law when accessing or using the website or has not used it for a long time.

5.2
If registration is provided for, the user is obligated to provide truthful information and must provide notification of changes immediately. The user shall ensure that he receives any e-mails sent to the e-mail address specified by him.

5.3
After registration, the user will receive a user name and password (user data). When accessing the website for the first time, the user will change the password assigned to him by FTE automotive into a password which only he knows. User data enables the user to view or change his data or to revoke or extend any permissions in data processing.

5.4
The user shall ensure that the user data is not made accessible to third parties and shall be liable for all orders and other activities made using the user data. After each use, the password-protected area must be exited. Insofar as the user gains knowledge of third parties using the user data improperly, he shall be obligated to notify FTE automotive immediately in writing, if relevant with advance notification by simple e-mail. Following receipt of the notification, FTE automotive will block the user data in question from accessing the password-protected area. The block can only be lifted following a receipt of a special application by the user to FTE automotive or after re-registration.

5.5
The user can request deletion of his registration at any time in writing, provided the deletion does not affect the processing of ongoing contractual relationships. In this case, FTE automotive will delete all user data and any other saved personal data of the user as soon as it is no longer required.

6. References and links

This website may contain references and links (hyperlinks) to websites of third parties. The company FTE automotive accepts no responsibility for the content of these websites nor does FTE automotive make these websites and their contents its own, as FTE automotive does not control the linked information and is not responsible for the contents and information already contained there.
The user uses linked websites at his own risk.

7. Exclusion of liability for defects of title and material defects, viruses

7.1
Insofar as information, software or documentation is provided free of charge, liability for material defects and defects of title in the information, software and documentation, in particular liability for their correctness, freedom from errors, freedom from copyright and property rights of third parties, completeness and/or reusability – except in the case of intent or deceit – shall be excluded.

7.2
The information on the FTE automotive website may contain specifications or general descriptions of the technical possibilities of products which do not always have to be present in the individual case (e.g. due to product changes). The desired service features of the products must therefore always be agreed in each individual case at the time of purchase.

7.3
The liability of FTE automotive for material defects and defects of title shall be based on the provisions of sections 7.1 and 7.2 of these conditions. In all other respects, any liability of FTE automotive shall be excluded, insofar as, e.g. in accordance with the Product Liability Act, it is not bound to liability due to intent, gross negligence, injury to life, body or health, acceptance of a guarantee of properties and condition, malicious concealment of a defect or violation of essential contractual obligations. Compensation for damages due to violation of essential contractual obligations shall, however, be limited to the contract-typical, foreseeable damages, insofar as there is no intent or gross negligence.

7.4
FTE automotive shall endeavor to keep the FTE automotive website free from viruses, but the company cannot guarantee freedom from viruses. Before downloading information, software and documentation, the user is obligated to ensure his own protection, and in order to prevent viruses on the FTE automotive website, to ensure adequate security devices and virus scanners.

7.5
The above-mentioned regulations are not associated with a reversal of the burden of proof.

8. Usage obligations

8.1
When using the FTE automotive website, the user must not:
Cause harm to persons, in particular minors, or violate their personal rights;
Act immorally;
Violate commercial property rights and copyrights or other rights of ownership;
Send any content with viruses, so-called Trojans or other programs which could damage software;
Enter, save or send hyperlinks or content to which he is not entitled, in particular if these hyperlinks or contents violate secrecy obligations or are illegal; or
Distribute advertisements or unrequested e-mails (so-called "spam") or make unfounded warnings against viruses, malfunctions or similar, or request participation in lottery games, snowball systems, chain mail, pyramid games or similar actions.

8.2
FTE automotive may block access to the company's own website at any time, in particular if the user violates his obligations from these terms and conditions.

9. Export regulations

9.1
The export of specific information, software and documentation can – e.g. due to its type or purpose or final destination – be subject to a duty to maintain secrecy. The user shall adhere strictly to the pertinent export regulations for information, software and documentation, in particular the regulations of the EU or the EU Member States and those of the USA. If necessary, FTE automotive shall identify information, software and documentation with regard to the obligation to maintain secrecy in accordance with the German and EU export list and the US-Commerce Control List.

9.2
The user shall, in particular, check and ensure that the information, software and documentation provided is not intended for military preparations, nucleonic or weapon technical purposes;
no companies and persons, who are listed in the US Denied Persons List (DPL), will be supplied with commodities, software and technology originating in the US;
no companies or persons listed in the US Warning List, US Entity List or US Specially Designated Nationals List will be supplied with products originating in the US without consent;
no companies or persons listed in the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or in the Terrorist List of the EU will be supplied;
no military recipients will be supplied;
the early warning notices of the responsible German authorities will be observed.

Access to information, software and documentation on the FTE automotive website shall only be possible if it complies with the above-mentioned check and guarantee; otherwise FTE automotive shall not be obligated to provide the service.

10. Protection of personal data

When collecting, using and processing the user's personal data, FTE automotive observes the applicable data protection provisions, which can be viewed on the website.

11. Ancillary agreements, place of jurisdiction, applicable law

11.1
Ancillary agreements to these terms and conditions of use, including changes to this clause, require the written form.

11.2
The place of jurisdiction, provided the user is a merchant in the meaning of the German Commercial Code, shall be Nuremberg, Germany.

11.3
The individual pages of the FTE automotive website are operated by and under the responsibility of Valeo Powertrain GmbH and/or its subsidiaries. The pages take into account the requirements of the respective country in which the responsible company is based. FTE automotive accepts no responsibility for the fact that information, software and/or documentation from the FTE automotive website may also be retrieved or downloaded at sites outside the respective country. If users from sites outside the respective country access this website, they assume sole responsibility for compliance with the pertinent regulations in accordance with the respective national law. It is not permitted to access information, software and/or documentation on the FTE automotive website from countries in which this access is illegal. In this case, and if the user wishes to enter into business relationships with FTE automotive, the user should contact the FTE automotive representatives in the respective country.

11.4
German law shall apply, with the exception of the UN Convention on the Sale of Goods.