Date: December 2004
1.2 In as far as the user acts as or for an enterprise; that is, when performing a commercial or self-employed, professional activity, or for a public corporation, when using the Balfour Beatty Rail web site, Article 312e, Section 1, p. 1, no. 1 - 3 of the German civil code is not applicable.
2.1 On its Balfour Beatty Rail web site, Balfour Beatty Rail GmbH provides certain information and software, along with documentation, where applicable, for accessing or downloading.
2.2 Balfour Beatty Rail GmbH is entitled to discontinue the operation of the Balfour Beatty Rail web site wholly or partially at any time. Due to the characteristics of the Internet and of computer systems, Balfour Beatty Rail GmbH does not assume responsibility for the uninterrupted availability of the Balfour Beatty Rail web site.
3. Registration, password
3.1 Some pages of the Balfour Beatty Rail web site may be protected by passwords. In the interest of safe trading, these pages can only be accessed by registered users. There is no entitlement to registration by Balfour Beatty Rail GmbH. Balfour Beatty Rail GmbH especially reserves the right to subject web sites hitherto freely accessible to mandatory registration as well. Balfour Beatty Rail GmbH is entitled to withdraw authorisation to access at any time by blocking the access data without specification of any reasons, especially if the user
- has provided false information during registration,
- has violated these conditions or his or her duty of care in handling the access data,
- has violated applicable law when accessing or using the Balfour Beatty Rail web site or
- has not used the Balfour Beatty Rail web site over a prolonged period of time.
3.2 If a registration is required, the user is obligated to provide truthful information when registering and to inform Balfour Beatty Rail GmbH immediately of any subsequent changes (insofar as provided: online). The user shall ensure that he or she receives those e-mails that are sent to the e-mail address specified by him or her.
3.3 Following his or her registration, the user is provided with a user name and a password (hereinafter also referred to as: "user data"). When accessing for the first time, the user shall change the password provided by Balfour Beatty Rail GmbH into a password known only to him or her. The user data allows the user to view and/or change his or her data or, where appropriate, to withdraw or extend given consent for data processing.
3.4 The user shall ensure that his or her user data is not made accessible to third parties and shall be liable for all orders and other activities conducted under the user data. The user shall exit the area protected by the password after each use. In as far as the user gains knowledge of third parties making use of the user data, he or she is obligated to immediately inform Balfour Beatty Rail GmbH in writing, if possible, by simple e-mail in advance. 3.5 After receiving this information, Balfour Beatty Rail GmbH shall block access to the password-protected area containing said user data, pursuant to Sub-section
3.5 The area shall remain blocked until the user makes a special request to Balfour Beatty Rail GmbH or until he or she re-registers.
3.6 The user can demand the deletion of his or her registration at any time in writing, unless said deletion obstructs the transaction of active contract relations. In that case, Balfour Beatty Rail GmbH shall delete all user data and all other stored personal data of the user as soon as it is no longer required.
4. Rights of use of information, software and documentation
4.1 Use of the information, software and documentation provided on the Balfour Beatty Rail web site is subject to these Terms or, when information, software or documentation are updated, subject to the relevant licence conditions previously agreed upon with Balfour Beatty Rail GmbH. License conditions agreed upon separately precede these Terms.
4.2 Balfour Beatty Rail GmbH shall grant the user a non-exclusive and non-transferrable right to use the information, software and documentation provided on the Balfour Beatty Rail web site to the extent agreed upon or, if no agreements were made, to the extent corresponding to the purpose of the supply and availability as intended by Balfour Beatty Rail GmbH.
4.5 The information, software and documentation are protected by copyright laws as well as by international copyright treaties and by other laws and agreements regarding intellectual property. The user shall observe these rights, especially by refraining from removing alphanumerical identification, brands and copyright notices from the information, the software, the documentation or from copies thereof.
4.6 The remainder of Articles 69a fol. of the Copyright Law shall remain unaffected.
5. Intellectual property
5.2 Outside of the rights of use or other rights granted to the user herein, the user is not granted any additional rights, regardless of which kind, especially to the company name and to industrial property rights, such as patents, registered designs or brands, nor is Balfour Beatty Rail GmbH correspondingly obligated to grant any such rights.
6. Obligations of the user
6.1 When using the Balfour Beatty Rail web site, the user shall not:
- inflict harm on persons, in particular minors, or violate their personal rights; be contra bonos mores in his or her manner of use;
- violate industrial property rights and copyrights or other property rights;
- transmit contents with viruses, so-called Trojan horses or other programmes capable of damaging the software;
- enter, store or send hyperlinks or contents to which he or she is not authorised, in particular if these hyperlinks or contents violate secrecy or if they are unlawful;
- or spread advertisements or unwanted e-mails (so-called Spam) or non-applicable warnings of viruses, malfunctions and the like or request participation in sweepstakes, snowball systems, chain letters, pyramid games and comparable activities.
6.2 Balfour Beatty Rail GmbH may block access to the Balfour Beatty Rail web site at any time, in particular if the user violates his or her obligations to these Terms.
The Balfour Beatty Rail web site may contain hyperlinks to the web sites of third parties. Balfour Beatty Rail GmbH is neither responsible for the contents of said web sites nor does Balfour Beatty Rail GmbH adopt these web sites and their contents as its own, because Balfour Beatty Rail GmbH does not control the linked information and is not responsible for the contents and information contained therein. They are used by the user at his or her own risk.
8. Liability for title and quality
8.1 In as far as information, software or documentation are provided free of charge, liability is excluded for title and quality of the information, software and documentation; in particular with regard to their accuracy, freedom from error, freedom of industrial property rights and copyrights of third parties, completeness and/or availability - except for intention or malice.
8.2 The information on the Balfour Beatty Rail Web site may contain specifications or general descriptions of technical feasibility of products, which may not always be available in individual cases (e.g., due to product changes). The requested features of the products should therefore to be agreed upon during purchase in each individual case.
9. Other liabilities, viruses
9.2 Although Balfour Beatty Rail GmbH is always intent on keeping the Balfour Beatty Rail web site free of viruses, Balfour Beatty Rail GmbH does not guarantee the absence of viruses. Prior to the downloading of information, software and documentation, the user shall provide appropriate security devices and virus scanners for his or her own protection as well as for the prevention of viruses on the Balfour Beatty Rail web site.
9.3 A modification of the burden of proof to the detriment of the user is not bound to the aforesaid regulations under Sub-sections 9.1 and 9.2.
10. Export control
10.1 The export of certain information, software and documentation may require official approval - for example, due to its type or its purpose or its final disposition. The user shall strictly adhere to the export provisions relevant to the information, software and documentation, in particular those of the European Union and its member states as well as those of the United States of America. Balfour Beatty Rail GmbH identifies information, software and documentation with regard to the requirement of official approval pursuant to the export lists of Germany and the European Union as well as to the Commerce Control List of the United States.
10.2 The user shall particularly verify and ensure that
- the supplied information, software and documentation are not intended for the transfer of arms, nuclear use or weaponry;
- no companies and persons listed on the Denied Persons List (DPL) of the United States are supplied with goods, software and technology originating from the United States;
- no companies and persons listed on the Warning List, Entity List or Specially Designated Nationals List of the United States are supplied with US-made products without approval;
- no companies and persons are supplied that are listed on the list of Specially Designated Terrorists, Foreign Terrorist Organisations, Specially Designated Global Terrorists or on the list of terrorists of the European Union; no military recipients are supplied;
- the early-warning information of the relevant German authorities is observed.
Access to the software, documentation and information on the Balfour Beatty Rail Web site can be made only if they comply with the verification and guarantee mentioned above; otherwise Balfour Beatty Rail GmbH is not obligated to provide service.
10.3 If requested, Balfour Beatty Rail GmbH shall inform the user of the respective centres for further information.
11. Data protection
12. Additional agreements, jurisdiction, applicable law
12.1 Additional agreements shall be made in writing.
12.2 Jurisdiction shall be Munich, Germany, if the user is a dealer in the context of the Commercial Code.
12.3 The individual pages of the Balfour Beatty Rail Web site are operated and accounted for by Balfour Beatty Rail GmbH and/or its subsidiaries. The pages take into account the requirements of the country in which the responsible party holds residence. Balfour Beatty Rail GmbH is not responsible as to whether information, software and/or documentation may also be accessed or downloaded from the Balfour Beatty Rail web site at locations outside the country in question. If users of locations outside the country in question access the Balfour Beatty Rail Web site, they are exclusively responsible for compliance with relevant regulations within their countries' laws. Access to information, software and/or documentation on the Balfour Beatty Rail web site is prohibited from countries in which said access is unlawful. In that case and if the user would like to assume business relations with Balfour Beatty Rail GmbH, the user should contact Balfour Beatty Rail representatives in the country in question.
12.4 German law is applicable, excluding the UN sales law.