Terms of Use

 

Terms of use www.Tuner4TRONIC.com and T4T Web-Application

General Terms of Use

2023-08-10

1. Scope

1.1 Any use of these Internet pages (“the Tuner4TRONIC.com”) including T4T Web-Application (“the T4T-Web”) as offered by INVENTRONICS GmbH is subject to the Terms of Use set forth below. The T4T-Web is the universal software suite for programming the OSRAM and INVENTRONICS LED drivers. By using Tuner4TRONIC.com or by logging in (should a separate log-in be required), you declare your agreement with the Terms of Use.

1.2 In individual cases, additional special terms (“Special Terms”) may apply, e.g. in connection with purchases of products and/or services. The provisions of the Special Terms apply if the latter contradict the present Terms of Use.

2. T4T-Web Services Provided by INVENTRONICS

2.1 INVENTRONICS makes certain information and possibly software programs, along with the requisite documentation where applicable (“Software”), available for you on the Tuner4TRONIC.com. The use of the information and the T4T-Web made available on the Tuner4TRONIC.com is subject to these Terms of Use.

2.2 INVENTRONICS reserves the right to shut down Tuner4TRONIC.com and the T4T-Web, in whole or in part, at any time.

3. Registering for and Access to Password-Protected Areas

3.1 In the interest of ensuring the security of business transactions, some areas of the Tuner4TRONIC.com and the T4T-Web are accessible only after you have registered and logged in by entering a password. In particular, INVENTRONICS reserves the right to require users to register even for pages that have been freely accessible up to now.

3.2 INVENTRONICS reserves the right to refuse to register any user.

3.3 If registration is required, you must provide accurate information when registering and must notify INVENTRONICS (T4Tsupport@inventronicsglobal.com) immediately of any subsequent changes (online, if required). You will ensure that the e-mail address you provided is active and that you will receive e-mails that are sent to this address.

3.4 Once you have registered, you will be given a password (jointly referred to as the “User Data”). The User Data allow you to inspect and change your own data as well as to withdraw or expand your consent to the processing of your data.

3.5 You must ensure that your User Data are not accessible to third parties, and you are liable for all activities carried out using your User Data. If you find out that third parties are abusing your User Data, you must notify INVENTRONICS (T4Tsupport@inventronicsglobal.com) thereof immediately in writing and, where applicable, in advance by simple e-mail. Upon receipt of the notification, INVENTRONICS will block access to the password-protected area to anyone using your User Data. Access shall be restored only if it is possible to stop all abusive use and if you have filed a separate application with INVENTRONICS or have re-registered.

3.6 INVENTRONICS has the right, at any time and without having to give any reasons, to deny you the right to access the password-protected area by blocking your User Data, especially if you have

3.7 You may at any time request termination of your registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such an event, INVENTRONICS will delete all of your User Data and all of your other personal data it stores as soon as this data is no longer needed.

4. Intellectual Property Rights to the Information and Software published on Tuner4TRONIC.com and the T4T-Web

4.1 The information published on Tuner4TRONIC.com and the T4T-Web, including the editorial materials; informational texts; Software; documentation; databases; photographs; video and audio clips; downloads; illustrations; artistic designs and other graphical elements; materials; names; trademarks; and logos are the property of INVENTRONICS or the licensors of INVENTRONICS and are protected under national and international copyright law and/or intellectual property rights related to databases, trademarks, and other industrial property. You shall observe these rights and, in particular, you shall not remove alphanumeric codes, marks or copyright notices from the information, the Software or the documentation, nor from any copies thereof.

4.2 You may not systematically download, reproduce and/or disseminate the information on Tuner4TRONIC.com

4.3 The word and figurative mark INVENTRONICS, other product trademarks, illustrations and logos identify INVENTRONICS products and are the registered property of INVENTRONICS or its licensors. Trademark registrations may not yet have taken place in all relevant countries. These trademarks may only be used with the express permission of INVENTRONICS GmbH. The INVENTRONICS name may be used as a cross-reference, e.g. to link to this Web Site. INVENTRONICS GmbH must be given prior notification of any such use.

5. Rights to Use the Information Posted on Tuner4TRONIC.com and the T4T-Web

5.1 INVENTRONICS gives you the non-exclusive, revocable, non-transferable and non-sublicensable right to access the information and Software provided on Tuner4TRONIC.com or the T4T-Web and to use the information and Software for personal and non-commercial purposes. Above and beyond the personal and non-commercial use, you may not change; copy; reproduce; sell; lease; transmit; display; publish; license; process; use; supplement or otherwise exploit the information published on Tuner4TRONIC.com or the T4T-Webwithout the express consent of INVENTRONICS GmbH.

5.2 Above and beyond the rights granted in item 5.1, nothing shall be construed as granting you, by implication or otherwise, any license or any right to use a patent, a trademark or any other intellectual property right of INVENTRONICS. Nor is any license or any right to use a copyright or other rights related to the information published on Tuner4TRONIC.com or the T4T-Web granted thereby.

6. Additional Terms of Use for the Software Provided on Tuner4TRONIC.com

6.1 Above and beyond these Terms of Use, using the Software made available on Tuner4TRONIC.com or the T4T-Web may also be subject to Special Terms and/or Software Terms of Use. In case of contradictions, Special Terms and/or Software Terms of Use shall have precedence over these Terms of Use.

6.2 Unless mandatory law otherwise allows, you shall not modify the Software or its documentation nor disassemble, reverse engineer or decompile the Software or separate any part thereof. You may run a an VMware image of the T4T-Web on a local machine by in accordance with these Terms of Use.

7. Your Duties When Using Tuner4TRONIC.com

7.1 When using Tuner4TRONIC.com and the T4T-Web, you may not:

7.2 Tuner4TRONIC.com and the T4T-Web may not be framed.

7.3 INVENTRONICS may block access to Tuner4TRONIC.com or the T4T-Web at any time, especially if you violate your duties under these Terms of Use.

8. Liability of INVENTRONICS

8.1 INVENTRONICS is responsible for “its own content” on Tuner4TRONIC.com in accordance with applicable law. However, INVENTRONICS does not assume any liability for the accuracy and completeness of the information on Tuner4TRONIC.com. Cross-references (i.e. “links”) to content made available by other providers must be distinguished from INVENTRONICS's own content. Such links enable INVENTRONICS to make “third-party content” available for use on its Web Site. Any such third-party content is reviewed at the time the link is created as to whether the link may trigger any potential liability under civil or criminal law. It cannot be precluded, however, that the respective providers will modify their content at some point in time. INVENTRONICS reviews the third-party content on Tuner4TRONIC.com to ensure that it need not respond on an ongoing basis to changes that may give rise to new liability. Please notify us if you believe that the linked, third-party pages violate applicable law or otherwise contain inappropriate content.

8.2 INVENTRONICS endeavors to ensure that Tuner4TRONIC.com and the T4T-Web is available uninterruptedly and that transmissions or Software downloads work flawlessly. Due to the nature of the Internet and computer systems, however, INVENTRONICS cannot guarantee these services. In particular, your access to Tuner4TRONIC.com may be interrupted or limited from time to time so that we can make adjustments or carry out updates.

8.3 In case of claims for damages, INVENTRONICS shall be liable as provided by law solely (1) in case of intent and gross negligence; (2) in case of harm to life or limb; (3) in case we have assumed delivery or quality guarantees; (4) in case of malicious concealment of a defect; as well as (5) in case of claims based on German product liability law.

8.4 If INVENTRONICS culpably breaches a material contractual duty, or if you are entitled to claims for compensation of your loss in lieu of performance, our liability shall be limited to compensation of the typically occurring, foreseeable loss. Material contractual duties shall mean for the purpose of these terms those duties protecting the customer's essential legal positions, which the contract is meant to grant according to its content and purpose; in addition, those duties, enabling the fulfillment of the contract and regularly trusted on by the customer are deemed to be material duties (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description). No other claims for damages (e.g. consequential damages) may be brought against us.

8.5 The information on Tuner4TRONIC.com may contain specifications or general descriptions related to the technical capabilities of individual products, which may not be available in individual cases (e.g. due to product changes).

9. Viruses

Although INVENTRONICS makes every effort to keep Tuner4TRONIC.com and the T4T-Web free of viruses, INVENTRONICS cannot guarantee that it is free of viruses. Before using Tuner4TRONIC.com and, in particular, before downloading information or Software, for your own protection as well as to prevent the transmission of viruses to Tuner4TRONIC.com or the T4T-Web, you shall take the necessary steps to ensure appropriate and up-to-date security measures and virus scanners at your end.

10. Country-Specific Requirements and Contact Info

10.1 The individual pages of Tuner4TRONIC.com are operated and administered by the company (INVENTRONICS GmbH and/or its subsidiaries) that is specified on the respective INVENTRONICS Web Site along with their respective contact information.

10.2 The pages take the requirements of the respective country into account where the given company has its place of business. INVENTRONICS does not accept any responsibility for the fact that information or Software on Tuner4TRONIC.com may be viewed or downloaded at locations outside the given country. If users access Tuner4TRONIC.com from outside the given country, they alone are responsible for complying with all applicable rules and regulations under that country's laws. It is prohibited to access the information and Software on Tuner4TRONIC.com from countries where such access is unlawful. In such cases, and where the user wishes to enter into a business relationship with INVENTRONICS, the user should contact INVENTRONICS representatives in the respective country.

11.Export Controls

The export of certain information and Software may - e.g. due to its nature or intended use or final destination - be subject to authorization. The user shall strictly comply with the export regulations that apply to the information and Software, in particular, those of the EU and/or individual EU member states as well as those of the USA. If applicable, INVENTRONICS shall label any information and Software requiring authorization in accordance with the German and EU export control list as well as the U.S. Commerce Control List.

12. Data Privacy and Protection

Personal data that is made available or collected via this web site or in connection with it may only be used in accordance with the requirements of data privacy and protection laws and INVENTRONICS's data privacy and protection policy. The present Terms of Use are subject to the Data Privacy Policy published on this Web Site.

13. Amendments of the Terms of Use

13.1 INVENTRONICS reserves the right to change the Terms of Use or the Special Terms at any time. The Terms of Use as well as the Special Terms in effect at the time you use Tuner4TRONIC.com and the T4T-Web are those that apply to your use of Tuner4TRONIC.com.

13.2 If individual provisions of these Terms of Use or the Special Terms are invalid, such invalidity shall not affect the legal validity of the remaining terms.

14. Ancillary Agreements, Applicable Law and Place of Jurisdiction

14.1 Ancillary agreements related to these Terms of Use shall be made in writing.

14.2 German law shall apply subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction shall be Munich if you are a merchant as defined in the German Commercial Code.

14.3 If there are any problems with the products or services you purchased at Tuner4TRONIC.com, pursuant to European Directive No. 524/2013 you have the option of using an online dispute resolution platform made available by the European Commission; it may be accessed at http://ec.europa.eu/consumers/odr/.This is where you may file a complaint and have it processed by an independent dispute resolution office.

, INVENTRONICS GmbH. All rights reserved.