Scope
Any use of the Infomedia Server is subject to these Terms of Use. Fujitsu Technology Solutions reserves the right to amend, modify or replace these Terms of Use at any time. With the log-in, or where a log-in is not required, in accessing or using the Infomedia Server, you are accepting these Terms of Use in their current version as the basis for using the Infomedia Server.

Fujitsu Technology Solutions reserves the right to fully or partly stop operating and/or providing the Infomedia Server at any time.

Registration / Password-Protected Access
In the interest of reliability, safety and security and with a view to the binding character of the business transactions (Orders) carried out via the Infomedia Server, only registered Users may access certain sections of the Infomedia Server.

Fujitsu Technology Solutions reserves the right to deny registration to any potential User as well as the right to declare certain subsites subject to further registration requirements, although they may have been freely accessible to the User before.

Registration shall only be possible under the User’s true name and data. If and when such information changes over time, the User shall update such information without undue delay by sending his former and current contact details to
fujitsu.ts.infomediaserver@chromedia.de. The User shall ensure that contact data, as supplied to Fujitsu Technology Solutions, is kept up to date at all times so that the User can be contacted by Fujitsu Technology Solutions at any time.

Ordering
Once an Fujitsu Technology Solutions product has been placed in the Infomedia Server, the User may order the product –subject to availability – via the Infomedia Server at Fujitsu Technology Solutions.

Upon submission of the order by the User, the order is directly transmitted to Fujitsu Technology Solutions, Paderborn, Germany, the storage space of all print documents that can be found on the Mediaserver.

By finally submitting the order, the User accepts that the contractual relationship regarding the ordering and sale of the Fujitsu Technology Solutions products will come to pass exclusively between User and Fujitsu Technology Solutions and – unless expressly agreed otherwise – exclusively based on Fujitsu Technology Solutions's general terms and conditions as set out in the Infomedia Server. Once submitted, the order will be binding on the User until the term for acceptance has expired.

Confirmation of the order receipt (if any) and or acceptance/non-acceptance of the order will be transmitted from Fujitsu Technology Solutions to the User directly.

The User acknowledges that any and all products shown on the Infomedia Server are subject to availability, the User’s orders shall only become binding on Fujitsu Technology Solutions upon Fujitsu Technology Solutions´s confirmation.

Disclaimer for Legal Information and Notices required for E-commerce Business
The User agrees that the information provided by Fujitsu Technology Solutions via the Infomedia Server on Fujitsu Technology Solutions and the participating distributors is sufficient as a basis for the e-business relationship and that further information may be requested by the User at any time. Therefore to the extent permitted by law, any and all further claims and/or legal rights of the User with regard to information/legal notices that otherwise may have to be additionally provided to Users accessing a website in the e-commerce environment shall be deemed as waived both as regards Fujitsu Technology Solutions and the User selected distributor’s respective duties.

User Responsibilities
Every User may use and document the information offered on the Infomedia Server for his/her own needs and within the purposes the information was provided for. Any other use of the information, especially any type of replication, alteration or integration in any publishing or advertisement of any kind is only permitted with prior consent of Fujitsu Technology Solutions or the particular owner of the information. Fujitsu Technology Solutions specifically draws attention to the fact that the information be subject to intellectual property rights; these property rights shall remain vested with the original owner and unaffected.

If – and to the extent – the User becomes aware that anyone is misusing his/her user data, ID or passwords, the User shall notify Fujitsu Technology Solutions thereof without undue delay and in writing using fujitsu.ts.infomediaserver@chromedia.de. After receipt of such notice Fujitsu Technology Solutions will deny access to the respective User / User ID without undue delay. For the blocked User, access will only be possible after a User’s application to Fujitsu Technology Solutions to have the User ID unlocked or upon new registration.

User acknowledges that Fujitsu Technology Solutions will not be liable, neither in contract nor in tort nor under whatever legal theory that might considered to be applicable, for any damages resulting from any abuse of the user-login or any personal passwords, unless such abuse was caused through the intentional or gross negligent of an Fujitsu Technology Solutions employee or a third party acting on behalf of Fujitsu Technology Solutions.

In addition, while accessing and or using the Infomedia Server the User shall ensure not to

• harm other persons or infringe their personal rights;
• breach public morality, e.g. by the manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan horses, 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 unlawful or transmitted, stored or uploaded in breach of confidentiality obligations;
• distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material; or
• solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

Blocking of Accounts / Termination of Use
Every User has the responsibility to keep his/her personal login data safe. The user-login and password are not transferable.

Additionally Fujitsu Technology Solutions shall be entitled upon notice, at any time and without having to indicate specific reasons, to block the User’s right to access the password-protected area by blocking his/her user data /user ID, especially in cases including but not limited to users

• providing false data for the purpose of registering or ordering;
• violating these Terms of Use or neglecting general duties of care with regard to user data;
• violating applicable laws.

Hyperlinks
The Infomedia Server may contain hyperlinks to web pages of third parties. Fujitsu Technology Solutions 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, as Fujitsu Technology Solutions 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.

Downloading software
Any use of any software that might be offered or provided by Fujitsu Technology Solutions on the Infomedia Server for download is subject to the relevant license conditions of Fujitsu Technology Solutions, the legitimate supplier or the respective manufacturer (license agreement). These terms will be transferred together with the software or are obtainable from the manufacturer/legitimate supplier of the software. The software can usually not be installed, before the User accepts the accompanying license agreement.

Fujitsu Technology Solutions shall not be liable for damages which result directly or indirectly from downloading data files and/or use of the downloaded data file on the User’s system.

Limitation of Liability as Regards Continuous Availability of the InfomediaServer, Defects of Title or Quality and Completeness/C orrectness of Information
The User acknowledges that Fujitsu Technology Solutions expressly excludes any liability for the continuous availability of the Infomedia Server. Neither shall Fujitsu Technology Solutions be liable for any malfunction of telecommunication devices, interruptions in data transmission, power cuts and/or Server malfunctions beyond the reasonable control of Fujitsu Technology Solutions.

It is exclusively within the User’s own responsibility to check whether the products ordered meet the User’s specific requirements and/or will be fit for the User’s intended purposes of use.

Any liability resulting from any possible misinterpretation of the supplied information by the User and any liability for defects based on the lacking fitness for a particular purpose is limited to cases of gross negligence or willful misconduct Fujitsu Technology Solutions or its employees.

Insofar as any third party information is made available to the User via the Infomedia Server unchanged and at no extra cost, any liability of Fujitsu Technology Solutions with respect to any of the information not being up to date, being incomplete or incorrect/defective shall equally be limited to limited to cases of gross negligence or willful misconduct of Fujitsu Technology Solutions or its employees.

Except for cases of willful or fraudulent misconduct on the part of Fujitsu Technology Solutions or its employees, under no circumstances shall Fujitsu Technology Solutions be liable for any consequential or incidental damages, including but not limited to lost profits, cancellation or disruption of operation and loss of data.

As far as the liability can be excluded or limited according to law, but has not been excluded or limited elsewhere within these terms, such liability is limited to € 10.000,- per damaging incident, up to an aggregate maximum sum of € 50.000,-.

This limitation of liability shall not apply to cases where liability is mandatory under the applicable law.

Limitation of Liability for Viruses
Although Fujitsu Technology Solutions makes every endeavour to keep the Infomedia Server free from viruses, Fujitsu Technology Solutions cannot provide any warranty that it is virus-free. The User shall, for his/her own protection, take the necessary steps to ensure appropriate security measures and shall employ an up to date virus scanner before downloading any information, software or documentation. The User shall cooperate to support security measures of Fujitsu Technology Solutions by also employing an up to date virus scanner to ensure that no viruses are uploaded onto the Infomedia Server.

E-Security and Admissibility in Evidence of Electronic Messages
The Parties, intending to use electronic means of communication and meaning to rely on the contents of such declarations, expressly waive any rights to contest the validity of any and all electronic messages transmitted in accordance with the terms and conditions of this Appendix on the sole ground that it was transmitted by the agreed electronic means.

Fujitsu Technology Solutions shall implement and maintain reasonable security procedures and measures in order to ensure the protection of User’s electronic orders and messages against the risks of unauthorized access, alteration, delay, destruction or loss.

To the extent permitted by national law, the Parties hereby additionally and expressly agree that in the event of dispute, the records of such electronic messages and/or transactions shall be admissible before the competent courts and shall constitute evidence of the facts contained therein unless evidence to the contrary is adduced.

Export Control
The export of certain information, hardware, software and/or documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization by the competent export control authorities. The User shall strictly comply and upon ordering shall cooperate with the selected distributor to enable such distributor to strictly comply with all applicable export regulations for such information, hardware, software and/or documentation, in particular with the laws on export control of the EU as well as the individual EU member states and the USA

The User acknowledges that Fujitsu Technology Solutions shall not be obliged to supply any information, software or product or perform other contractual obligations if such supply or performance would violate applicable export control regulations of the Federal Republic of Germany, the European Union the United States of America or other Countries.

Miscellaneous
The Infomedia Server is operated and administered in and for countries with Fujitsu Technology Solutions business residence only. Fujitsu Technology Solutions makes no representation that information, software and/or documentation on the Infomedia Server are appropriate or available for viewing or downloading at locations in other countries worldwide. If Users access the Infomedia Server from other countries, they are themselves exclusively responsible for compliance with all local laws. Access to the Infomedia Server's information, software and/or documentation from countries where such content is considered unlawful, is expressly prohibited.

These Terms of Use shall be governed by the laws of Germany. As far as a place of jurisdiction may be agreed between the parties, the place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Munich.

© Fujitsu Technology Solutions 23/04/04 / Infomedia Server