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Fujitsu Technology Solutions
MarcomServer – Terms of Use



1 The Fujitsu Technology Solutions MarcomServer (“MarcomServer“) is offered by Fujitsu Technology Solutions free of charge, without any commitment and without any legal obligations. Fujitsu Technology Solutions is authorized to exclude individual users of the MarcomServer at any time and/or to discontinue the MarcomServer without prior notice.

2 The MarcomServer is provided as part of the MediaServer offering of Fujitsu Technology Solutions and offers all types of photo and layout material (”material”) about and related to Fujitsu Technology Solutions, its products and services. Fujitsu Technology Solutions reserves the right to remove these contents in full or in part from the MarcomServer at any time and without consulting the users.

3 Unless otherwise specified on the MarcomServer and subject to the prior written approval of Fujitsu Technology Solutions as regards the duration and concrete nature of their use, the material can be downloaded and used by the users free of charge vis-à-vis Fujitsu Technology Solutions. Any proprietary rights of third parties, e.g. agencies, remain unaffected thereby.

4 The user is obliged to respect the interests of other users and may not violate their rights and the rights of third parties. In particular, the user shall respect existing copyrights and proprietary rights of third parties as well as all applicable legal provisions. The user shall comply with and retain all references to the proprietary rights without change.

5 In particular, the user is obliged to refrain from using and/or disseminating the material in any hurtful, humiliating, slanderous, offending, threatening, inciting, obscene, racist or pornographic context or any other context punishable by criminal law.

6 By using material from the MarcomServer, the user automatically grants Fujitsu Technology Solutions the irrevocable, non-exclusive permission to use the user’s reproduction, publication, revision or presentation free of charge, in any form and on any medium.

7 The user has no claim to publish material in texts, concepts, ideas, manuscripts and reports. Claims for fees for using material from the MarcomServer are excluded.

8 Any liability of Fujitsu Technology Solutions for damage caused by the use of the MarcomServer and/or the material is excluded, unless Fujitsu Technology Solutions is liable under compulsory law. Fujitsu Technology Solutions shall be liable for errors of its own only in the event of intent or gross negligence.

9 Fujitsu Technology Solutions shall also not be liable for damage that arises due to unforeseeable events, in particular network crashes, disruptions in telecommunications or computer failures. Fujitsu Technology Solutions provides the offered files free of viruses. All liability is excluded if the files are infected with a virus on an external system for which Fujitsu Technology Solutions is not responsible.

10 Fujitsu Technology Solutions reserves the right to control whether the material are being used properly. However, Fujitsu Technology Solutions is not obliged to check whether they are being used lawfully. In particular, a failure to object to unlawful use of the material does not mean that Fujitsu Technology Solutions waives any claims.

11 German substantive law shall apply exclusively. If one of the above provisions is invalid, the validity of the other provisions shall not be affected thereby.