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JENOPTIK AG Website Terms and Conditions of Use

1. Acknowledgment and Acceptance

JENOPTIK AG ("Jenoptik") provides the use of this Jenoptik web site ("Web Site") to you, conditioned upon your acceptance without modification of the following terms and conditions ("Terms and Conditions"). Please review these Terms and Conditions carefully. By using this Web Site, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this Web Site or download materials.

2. Intellectual Property Rights

All content, text, images, data, information and other material ("Content") displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of Jenoptik or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Jenoptik, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of Jenoptik.

3. Authorized and Prohibited Uses

You will comply with all applicable laws in connection with your use of this Web Site. Jenoptik may in its sole discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms and Conditions, the Content or any link at any time without liability or prior notice. Jenoptik may in its discretion terminate your browsing and use of this Web Site at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions. In the event you link this Web Site to another web site to which Jenoptik objects, upon notice of such objection from Jenoptik, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page. Jenoptik charges no fee at this time for browsing or using this Web Site, but reserves the right to impose or modify fees in connection with the browsing or use of this Web Site at any time without liability or prior notice.

4. Limitation of Liability and Disclaimers

ANY AND ALL CONTENT APPEARING ON THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS OF JENOPTIK AND/OR ITS AFFILIATED COMPANIES ARE SUBJECT TO THE STANDARD WARRANTY OF JENOPTIK AND/OR ITS AFFILIATED COMPANIES AND OTHER TERMS AND CONDITIONS OF SALE IN THE SALES AGREEMENT BETWEEN JENOPTIK AND THE PURCHASER. THIS WEB SITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. JENOPTIK AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. JENOPTIK AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEB SITE, ITS CONTENT OR ITS LINKS.

5. Indemnification

You will defend, indemnify and hold harmless Jenoptik and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys’ fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.

6. Applicable Law and Forum

This Web Site, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law principles. The state and federal courts located in New Castle County, Delaware shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Web Site or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in New Castle County, Delaware.

7. Responsibility of Personal ID and User Information

You agree that you will be responsible for maintaining any Login ID, Customer Number, or other form of registration (collectively, “Personal ID”) information (which shall include without limitation, passwords, unique user identifications, specific user Personal ID information and all other information used in connection with any Jenoptik-issued Personal ID) as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Personal ID. You agree to immediately notify us in the event that (i) your Personal ID is lost or stolen; (ii) your Personal ID or a corporate user Personal ID for which you are responsible requires immediate termination due to the resignation and/or termination of any employee or agent; or (iii) you become aware of any unauthorized use of your Personal ID or of any other breach of security that might affect the Web Site or the Personal ID. However, your notification to Jenoptik of any lost or stolen Personal ID information, the termination of any Jenoptik Personal ID or unauthorized use of your Personal ID will not necessarily limit or eliminate your liability with respect to any damage, claims, and/or charges resulting from the use or misuse of this Web Site or the Personal ID.

8. Miscellaneous

You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by Jenoptik, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or these Terms and Conditions.