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Terms of use
Glaser
TERMS OF USE FOR PROVIDED ONLINE MEDIA ON THE DANA AUTOMOCIÓN, S.A. Zaragoza Plant HOMEPAGE
DANA AUTOMOCIÓN, S.A. Zaragoza Plant provides its cooperation partner logos, pictures and videos in the following download area, which are connected with the products from DANA AUTOMOCIÓN, S.A. Zaragoza Plant (hereinafter referred to as "
Materials
"), at the following Terms of Use for download and use.
Cooperation Partner
as defined in these Terms of Use is any dealer or broker, which sells original products from DANA AUTOMOCIÓN, S.A. Zaragoza Plant and which purchases the original products directly from DANA AUTOMOCIÓN, S.A. Zaragoza Plant or indirectly as a member of a retail chain through a dealer with a contractual relationship with DANA AUTOMOCIÓN, S.A. Zaragoza Plant, without undermining the usual sales channels, through which DANA AUTOMOCIÓN, S.A. Zaragoza Plant sells its original products.
1.
All rights, in particular copyrights, rights of use and commercial property rights to the Materials provided in the download area, are held by DANA AUTOMOCIÓN, S.A. Zaragoza Plant, unless expressly stated otherwise in respect of individual Materials.
2.
Only Cooperation Partners of DANA AUTOMOCIÓN, S.A. Zaragoza Plant are permitted to use the Materials provided in the download area, and only for the duration of the existing business relationships.
3.
For this, DANA AUTOMOCIÓN, S.A. Zaragoza Plant grants to the Cooperation Partner the free right of use to the Materials (hereinafter referred to as "
Right of Use
"). The Right of Use is restricted to a simple right of use to the Materials and only exists insofar as
The Materials are used directly for the sale of DANA AUTOMOCIÓN, S.A. Zaragoza Plant original products, and
Only within the defined territory, within which the Cooperation Partner is authorised to sell DANA AUTOMOCIÓN, S.A. Zaragoza Plant original products.
4.
The Right of Use is not transferable and not subject to sub-licensing. The right of sub-licensing is excluded, insofar as this is necessary for the sale of DANA AUTOMOCIÓN, S.A. Zaragoza Plant original products, for example for the production of advertising products by third parties engaged by the Cooperation Partner.
5.
The permanent saving and archiving of the Materials by the Cooperation Partner is not permitted.
6.
Use of the Materials in the following cases always requires the separate prior consent of DANA AUTOMOCIÓN, S.A. Zaragoza Plant irrespective of the conditions in No. 3:
Publication on the internet;
Reproduction on television, in the press and on radio;
Reproduction in commercial published products or other publications for reselling purposes;
Inclusion in commercial databases or online systems.
7.
The conditions in No. 3 and No. 6 notwithstanding, the cooperation is not permitted to use the Materials in the following cases at all time:
Use of the Materials in a way that damages the reputation of DANA AUTOMOCIÓN, S.A. Zaragoza Plant or an affiliated company of DANA AUTOMOCIÓN, S.A. Zaragoza Plant;
Use of the Materials which breaches applicable legislation.
8.
When using the Materials provided, DANA AUTOMOCIÓN, S.A. Zaragoza Plant must always referred to as the sole rights holders by adding the reference "Copyright by: DANA AUTOMOCIÓN, S.A. Zaragoza Plant".
9.
Any form of editing or alteration to the Materials requires the expressly written consent of DANA AUTOMOCIÓN, S.A. Zaragoza Plant in each case. Excluded from this are changes, which related to the size of the images of the Materials, as well as colour corrections to the extent necessary for an adjustment to the respective reproduction medium.
10.
The Cooperation Partner shall send DANA AUTOMOCIÓN, S.A. Zaragoza Plant a complete sample of all publications, immediately, free of charge and without reminder, which contain DANA AUTOMOCIÓN, S.A. Zaragoza Plant Materials and/or shall immediately provide DANA AUTOMOCIÓN, S.A. Zaragoza Plant with the full internet address of the internet page if DANA AUTOMOCIÓN, S.A. Zaragoza PlantMaterials are used on the internet.
11.
DANA AUTOMOCIÓN, S.A. Zaragoza Plant reserves the right to revoke the granting of the Rights of Useat any time with a three months´ notice after receipt of the revocation in written form. In case of a good reason DANA AUTOMOCIÓN, S.A. Zaragoza Plant is entitled to revoke the granting of the Rights of Use without notice also. Good reason is if, in particular, the Cooperation Partner sustainably breaches the interests of DANA AUTOMOCIÓN, S.A. Zaragoza Plant or an affiliated company of DANA AUTOMOCIÓN, S.A. Zaragoza Plant. The Cooperation Partner shall immediately cease all uses in case of revocation. Sales materials already produced– insofar as they have been produced correctly according to these Terms of Use – may continue to be used –after consulting with DANA AUTOMOCIÓN, S.A. Zaragoza Plant, in case the Rights of Use were not revoked by good reason.
12.
With regard to damages suffered by the Cooperation Partner in direct conjunction with the contractual use of the Materials provided, DANA AUTOMOCIÓN, S.A. Zaragoza Plant shall only be liable in the event of culpable and gross negligence of its statutory representatives, employees and vicarious agents. This shall not affect the liability of DANA AUTOMOCIÓN, S.A. Zaragoza Plant for damages from injury to life, limb or health, for damages from the breach of material contractual duties (obligation, the fulfilment of which facilitates the proper implementation of the contract and on whose fulfilment the contractual partners regularly rely and can rely, hereinafter referred to as "
Cardinal Duty
"). In the case of a breach of a Cardinal Duty, the liability of DANA AUTOMOCIÓN, S.A. Zaragoza Plant is limited, however, to compensation for the foreseeable, typically occurring damages. The restriction of liability shall not apply, to the extent that DANA AUTOMOCIÓN, S.A. Zaragoza Plant has assumed a guarantee or has maliciously concealed circumstances giving rise to claims for compensation.
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