General Conditions of Use for the Schaeffler website
www.schaeffler-publications.com
1. Scope
1.1
Any use of this website (“Schaeffler Website”) offered by Schaeffler Technologies AG & Co. KG
("Schaeffler") shall be subject to these Conditions. By commencing use and/or by registering for the
access to subareas of the Website, the user accepts the validity of these Conditions of Use in their
current version. The use of subareas of this Schaeffler Website requires the prior registration of the
user (username, password). Within the scope of the registration process, the validity of these
Conditions of Use in their respective version is accepted by the user through corresponding consent.
Without consent the use of the Schaeffler Website is not possible.
1.2
These Conditions of Use refer to additional terms, which also apply to the use of the Schaeffler
Website, namely the Schaeffler Privacy Policy including information about cookies, see link in the
footer of the Schaeffler Website and Clause 10 of the General Conditions of Use here.
1.3
Users of the Schaeffler Website hereby undertake and represent that the use of the Schaeffler
Website takes place in the exercising of its profession and that the User doesn’t use the Schaeffler
Website as a consumer.
1.2
These General Conditions of Use may be supplemented, modified or replaced from time-to-time.
2. Contents of the Schaeffler Website
Schaeffler provides publications on the Schaeffler Group and its products and sectors on the
Schaeffler Website. The publications can be downloaded free of charge from the Schaeffler Website
or ordered free of charge. In this latter case, they are delivered by a service provider free of charge
to the user by post. Further Schaeffler has placed on the Schaeffler Website non-binding information
as well as related documentation and software which may be called up or downloaded.
Such placement and provision shall be without any commitment and without any warranties as to
completeness. Schaeffler may at any time in whole or in part block the Schaeffler Website or change
the contents without any prior notice. Schaeffler does not accept any liability in relation to the
uninterrupted availability of the Schaeffler Website.
3. Rights of Use
3.1
The use of the publications made available on the Schaeffler Website and of the information, software
and documentation available on the Schaeffler Website shall be subjected to these Conditions, or if
the information, software and documentation and publications are updated, such shall be subject to
the applicable license conditions already agreed with Schaeffler. Any license conditions separately
agreed upon shall prevail over these Conditions.
3.2
Schaeffler shall transfer to the user free of charge the ownership of the publication as ordered and
delivered to the user in analogous form. The publications made available on the Schaeffler Website
are protected by copyright; section 4.1 of these Conditions of Use shall apply in this respect.
Schaeffler grants to the user a non-exclusive, non-transferable, non-assignable, non-sublicensable
right to use the information, software and documentation available on the Schaeffler Website to the
extent to which it is agreed between the parties, or, in case there is no agreement on this point, in
accordance with the purpose intended by Schaeffler.
3.3
Software is only available in a machine-readable form at no cost. No right shall exist to the release
of any source code. In case the license conditions of open source software have priority over these
Conditions and require Schaeffler to make the source code available, such source code shall be made
available in exchange for reimbursement of expenses.
3.4
Unless mandatory provisions govern to the contrary, the user may not change, reverse, develop, or
reverse translate the software or its documentation or remove any part therefrom.
3.5
The information, software and documentation are protected by applicable copyright laws as well as
other applicable laws related to intellectual property. The user shall observe such laws, and in
particular any alphanumerical identification, marks or copyright notices shall not be removed from
the information, software or documentation or from any copies thereof.
3.6
Any provisions of applicable copyright law regarding the protection of any software shall not
otherwise be affected hereby.
4. Intellectual Property
4.1
Notwithstanding the particular requirements in section 4 of these Conditions of Use, any information,
trademark names and other contents of the Schaeffler Website, in particular the offered publications
may not be changed, copied, reproduced, sold, rented, made available to the public, supplemented
or used in any other way without the prior written permission of Schaeffler.
4.2
Except for the right of use and other rights expressly granted herein, the user shall be granted no
further rights of any type whatsoever, in particular those to the company name or to industrial
property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any
corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
5.1
Some areas of the Schaeffler Website are protected by way of a password. Access to these areas is
only possible for registered users for transactional business security purposes. There shall be no right
to be registered by Schaeffler. In particular Schaeffler reserves the right to make areas of the
Schaeffler Website previously freely accessible subject to registration. Schaeffler may at any time
revoke a right of access by blocking the access data without providing any reasons therefor, in
particular when the user:
• has provided false details for registration;
• has breached the Conditions of Use or its duties of care in relation to the treatment of access data;
• has breached applicable law in accessing or using the Schaeffler Website; or
• has been an inactive user of the Schaeffler Website for a period of at least 24 months.
5.2
In the event that registration is permitted, the user shall provide accurate and correct details and
must advise Schaeffler immediately of any changes. The user ensures that he is able to receive emails addressed to the e-mail address as provided by him.
5.3
After registration the user shall receive a username and password (user data). At the time of first
access the user shall change the password provided by Schaeffler into a secure password. The user
data allows the user to access its own data, to change such data, and, if necessary, to extend or
revoke agreements to data processing.
5.4
The user shall ensure that the user data are not available to third parties and shall be liable for all
orders and other activities taken under the user data. After each occasion of use, the area protected
by password shall be exited. Insofar as the user becomes aware that any third party is misusing user
data, the user shall immediately notify Schaeffler of such in writing, and, if applicable, in advance by
e-mail communication. After receipt of such notification, Schaeffler shall block the access to the area
protected by password for that user data. The lifting of any blocking is only possible after a special
application by the user to Schaeffler or after a further registration.
5.5
The user may at any time in writing demand the deletion of any registration insofar as the deletion
is not prevented by the processing of current contractual matters. In such case, Schaeffler shall erase
all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The Schaeffler Website may contain references and links (hyperlinks) to the Websites of third parties.
Schaeffler does not accept any responsibility for the contents of such websites, nor does Schaeffler
make the contents of such websites its own, as Schaeffler cannot control any information connected
by a third party link and is not responsible for the contents and information therein contained. Any
use of linked websites shall be at the risk of the user.
7. Exclusion of Liability for Defects as to Title and Quality, Viruses
7.1
Insofar as any publication, information, software or documentation is made available at no charge,
any liability is hereby excluded for defects as to title or defects as to the quality of the information,
software and documentation, and in particular for the correctness, defect-free nature, and the nonexistence of property rights or copyright of third parties, completeness and/or usability except in
cases of willful acts or malice. Schaeffler hereby disclaims all warranties of any kind, whether express
or implied, statutory or otherwise, including but not limited to any warranties of merchantability,
non-infringement and fitness for particular purpose.
7.2
The information contained on the Schaeffler Website may include specifications or general
descriptions of technical possibilities of products, which in individual cases (e.g. for reasons of
changes in products) may not always be available. The required performance specification of the
products should therefore be agreed prior to purchase in each case.
7.3
The liability of Schaeffler for any defects as to quality and defects as to title shall be determined by
the provisions in sections 7.1 and 7.2 of these Conditions. Any liability of Schaeffler is excluded
unless (i) mandatory law (e. g. the Product Liability Act) requires it, (ii) as a result of product liability
law, (iii) as a result of wilful acts or gross negligence, (iv) as a result of death or personal injury, (v)
as a result of the acceptance of a guarantee as to quality, (vi) as a result of malicious concealment
of a defect, or (vii) because of the material breach of a contract. Any damages for material breach
of contract shall however be limited to typical, foreseeable damages, insofar as willful acts or gross
negligence are not involved.
7.4
Schaeffler shall endeavor to keep the Schaeffler Website free from all viruses, however Schaeffler
cannot give any assurance as to a virus-free environment. Before downloading any information,
software or documentation, the user shall, for its own protection as well as to prevent viruses coming
onto the Schaeffler Website, use suitable security measures and virus scanners. The User is
responsible for implementing sufficient procedures and checkpoints to satisfy its particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining a
means external to our site for any reconstruction of any lost data.
7.5
A reversal of the burden of proof shall not be assumed by any of the above provisions.
8. Obligations of Use
8.1
The user may not in regard to the Schaeffler Website:
• cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy,
e.g. by uploading of any content or during the use of the chat function;
• act against good morals by its method of use;
• violate industrial property rights or copyright or other property rights;
• transmit any contents with viruses or so-called “Trojan Horses” or other programming which could
damage software;
• provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks
or contents are a breach of a duty of confidentiality or are unlawful; or
• distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses,
malware or similar, or request persons to participate in gambling, games, chain letters, pyramid
schemes or any other similar actions.
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website,
or which, as determined by Schaeffler may harm Schaeffler or users of the Website or expose them
to liability.
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party's use of the Website, including their ability to engage in real time activities
through the Website.
8.2
Schaeffler may block access to the Schaeffler Website or to areas of the Schaeffler Website at any
time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The transfer of information, software and documentation can be subject to the applicable legal
provisions of export controls, in particular but not limited to the law of the EU or its member states
or the US, due to its type or its purpose of use or its end use. The user confirms that he shall comply
to the applicable provisions of export control law at all times.
10. Protection of Personal Data
Schaeffler shall, in compiling, using and processing personal data of the user, observe the applicable
data protection regulations which may be viewed on the Schaeffler Website.
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
11.1
Any collateral agreements to these Conditions of Use including any amendments of this clause shall
be in the written form.
11.2
The place of jurisdiction is the registered seat of Schaeffler Technologies AG & Co. KG.
11.3
The individual pages of the Schaeffler Website are operated by and are the responsibility of
Schaeffler. These pages comply with the requirements of the specific country in which the Schaeffler
Technologies AG & Co. KG has its registered seat. Schaeffler accepts no responsibility for the
possibility that information, software and/or documentation in the Schaeffler Website may be called
up or downloaded in places outside of the respective country. If users from countries outside of the
respective country use the Schaeffler Website, they are themselves responsible for compliance with
the applicable regulations of the respective country. Access to information, software and/or
documentation on the Schaeffler Website in countries in which access is unlawful is not allowed. In
such case, and should the user wish to contact Schaeffler commercially, the user should contact the
Schaeffler representatives in the respective country.
11.4
These Conditions as well as the use of this Website shall be subject to the law of the registered seat
of Schaeffler Technologies AG & Co. KG.
Schaeffler Website Schaeffler-publications.com, Version EN 01 04.12.2020