2.1. This Website contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2. Gamesa Electric may stop the operation of the Website in full or in part at any time. Due to the nature of the internet and computer systems, Gamesa Electric cannot accept any liability for the continuous availability of the Website.
3.1. Some pages of the Website may be password protected. In the interest of safety and security of business transactions, only registered Users may access said pages. Gamesa Electric reserves the right to deny registration to any User. Gamesa Electric particularly reserves the right to determine that certain sites, which were previously freely accessible, will be subject to registration. Gamesa Electric is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
– uses false data for the purpose of registration;
– violates these Terms or neglects its duty of care with regard to User Data;
– violates any applicable laws in the access to or use of the Website; or
– did not use the Website for a longer period.
3.2. If registration is relevant, the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that the e-mail address, as supplied to Gamesa Electric, is current at all times and that it is an address at which the User can be contacted.
3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password («User Data»). On first access the User shall promptly change the password received from Gamesa Electric into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Gamesa Electric thereof without undue delay.
3.5. The User may at any time request termination of its registration, provided that the deletion will not violate the proper performance of contractual relationships. In such event Gamesa Electric will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4.1. The use of any information, software and documentation made available on or via this Website is subject to these Terms or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Gamesa Electric. Separately agreed to license terms, for example software downloads, shall prevail over these Terms.
4.2. Gamesa Electric grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Gamesa Electric in making same available.
4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms in the case of transfer of open source software and which conditions require the making available of the source code. In such case Gamesa Electric shall make the source code available in return for the payment of costs.
4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms.
4.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5.1. Notwithstanding the particular provisions in § 4 of these Terms, information, brand names and other contents of the Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Gamesa Electric.
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5.3. Gamesa Electric may, without charge, use any ideas or proposals stored by a User on the Websites for the development, improvement and sale of its products.
6.1. In accessing or using the Website the User shall not
– harm other persons, in particular minors, or infringe their personal rights;
– breach public morality in its manner of use;
– violate any intellectual property right or any other proprietary right;
– upload any contents containing a virus, so-called Trojan Horse, 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 in breach of confidentiality obligations or unlawful; or
– distribute advertising or unsolicited e-mails (so-called «spam») or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
6.2. Gamesa Electric may deny access to the Website at any time, in particular if the User breaches any obligation arising from these Terms.
The Website may contain hyperlinks to the web pages of third parties. Gamesa Electric 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 Gamesa Electric 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.
8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.2. The information on the Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9.1. The liability of Gamesa Electric for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms. Any further liability of Gamesa Electric is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damage in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
9.2. Although Gamesa Electric makes every endeavor to keep the Website free from viruses, Gamesa Electric cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.
10.1. If the User transfers information, software and documentation provided by Gamesa Electric to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the European Union and of the United States of America.
10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
– There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Gamesa Electric, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
– Such information, software and documentation provided by Gamesa Electric are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
– The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
10.3. If required to enable authorities or Gamesa Electric to conduct export control checks, the User, upon request by Gamesa Electric, shall promptly provide Gamesa Electric with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Gamesa Electric, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless Gamesa Electric from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Gamesa Electric for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
10.5. Gamesa Electric’s obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
12.1. Any supplementary agreement requires the written form.
12.2. The place of jurisdiction shall be Zamudio, Spain if the User is not a consumer.
12.3. The individual pages of the Website are operated and administered by Gamesa Electric and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Gamesa Electric makes no representation that information, software and/or documentation on the Website are appropriate or available for viewing or downloading at locations outside such country. If Users access Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Website’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Gamesa Electric, the User should contact the Gamesa Electric representative for the particular country for country specific business.
12.4. These Terms shall be governed by – and all disputes relating to or in connection with these Terms or their subject matter shall be resolved in accordance with – the laws of Spain, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
© 2019 by Gamesa Electric, S.A.U.