1. Scope of Application
2. Preliminary Statement
3.1 The Website of Qimonda is open for use to everyone.
3.2 Qimonda endeavors to diligently support and maintain the Website. However, Qimonda does not warrant or guarantee that the Website is accessible at all times. Qimonda also does not warrant or guarantee that the Website is always up to date and that the information on the Website is complete and free from errors at all times. Delays, wording mistakes, omissions and wrong information may occur.
4. User’s Obligations
4.1 All users of the Website are responsible for all of their activities related to the Website.
4.2 All users are obliged to comply with the laws of the Federal Republic of Germany.
4.3 The content on the Website, including the name Qimonda, product names, logos and other signs, are protected by law. They may not be used without the prior explicit written consent of Qimonda. Copies of such content, if such copies are permissible by law, particularly for private and scientific use, must bear the copyright notice of Qimonda. In all other respects, it is in particular prohibited to use respectively distribute of the content on the Website on a commercial or professional basis.
4.4 The content on the Website may not be changed, replaced and/or amended by content of a user.
4.5 User activities that aim at rendering the Website non-functional or at least obstruct the use of the Website are unlawful and may be prosecuted on the basis of civil and criminal law.
5. User Content
5.1 Please note that any information, data, material or other content (hereinafter “User Content”) that you send to the Website will be deemed non-confidential and not protected by law. By sending any User Content to Qimonda you grant to Qimonda the right – without limitation as to territory, time and scope – to use, reproduce, display, modify, incorporate, licence and distribute the User Content or to exploit the User Content in any other way whatsoever.
5.2 In particular, you agree that Qimonda may use any ideas, concepts, techniques or other know-how that you send to the Website for any and all commercial and non-commercial purposes.
6.1 Qimonda is liable only insofar as Qimonda, its vicarious agents and/or legal representatives have acted with intent or gross negligence. Qimonda is not liable for ordinary negligence unless material contractual obligations have been violated by Qimonda, its vicarious agents and/or legal representatives.
6.2 In case that Qimonda is liable for ordinary negligence according to Section 6.1, such liability of Qimonda, its vicarious agents and/or legal representatives does not include pecuniary, indirect, incidental, unforeseeable or untypical damages as well as loss of profit.
6.3 Statutory no-fault liability of Qimonda – in particular liability under a statutory guarantee – remains unaffected. This also applies to the liability of Qimonda resulting from wrongful harm to life, body or health.
6.4 Section 6.1 through 6.3 apply to all contractual and non-contractual claims that might result form the use of the Website.
The Website may contain hyperlinks respectively links to websites of third parties. Qimonda does not control the content of these websites and is not liable for the content of such websites of third parties. Also, Qimonda does not adopt the content of such websites of third parties and disclaims any liability for them. The use of such websites of third parties is at the own risk of the user.
8. Termination of Use Permit
8.2 In this case, you are obliged to immediately destroy any content that you have downloaded or printed from the Website.