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Terms of Use

1. General
Before using the AVL websites which include both the public area of the AVL www.avl.com website and the password-protected area (hereafter called "AVL Extranet"), you must declare your agreement to the Terms of Use as outlined below. By using the AVL websites, you accept the Terms of Use. If you do not accept the Terms of Use, you are not permitted to use the AVL websites. Any breach of the Terms of Use outlined below or other remaining legal provisions at the AVL websites will automatically result in termination of your authorization to use these websites and you must destroy any materials downloaded or printed from them. These terms of use apply to the publicly accessible area of the AVL websites and the AVL Extranet in so far as no special agreements have been made (in particular Separate Agreements of the AVL Services, Chat participation conditions, forums or competitions). Any such Separate Agreements shall have priority over the Terms of Use.

2. Copyright
AVL permits you to use the AVL websites for non-commercial purposes only, unless you have an Agreement with AVL which states otherwise. The content and the software that is made available to you, are protected by copyright. They may not be copied, distributed, hired, leased or used in any other way other than for non-commercial purposes, unless you have an Agreement with AVL that states otherwise. Any violations may incur consequences relating to trademark, copyright or anti-competition law or other legal consequences. Unless otherwise agreed, all user rights to works arising from the copyright are the sole property of AVL. A License Agreement may, for example, be construed as an Agreement with AVL which states otherwise. Please read the Copyright Statement.

3. Data Protection
AVL's Data Protection Policy is based on the principle of maintaining data confidentiality and has the protection of personal data as its central concern. Please read the Privacy Statement.

4. Linking and Framing
The use of linking and framing is subject to the terms on Linking and Framing. Please read the Linking & Framing Statement.

5. Use of Software
The AVL websites feature software that you can download. This software is subject to both the copyright terms and the terms of the Software License Agreement. You may not download or use the software until you have signed an appropriate Software License Agreement.

6. Community
Users may transmit information to and from the AVL websites. Information can be transmitted, for example, by transferring text contributions or links. Only the expressly authorized users are permitted to access the various communities of the AVL Extranet.

6.1 User Content
When users transfer information or provide user content in any way on the AVL websites, they automatically grant AVL a cost-free, world-wide, non-exclusive license for any kind of use whatsoever, in so far as no other contractual arrangements exist. AVL shall have the right in particular to copy, distribute, delete or alter the transferred information or to publish it elsewhere. Users are prohibited from transferring information or publishing information on the AVL websites that contains material that violates anti-competition or trademark law, that is discrediting, libelous or offensive to common decency, or any other illegal contents. The transfer and/or publication of content is deemed equivalent to the transfer and/or publication of hyperlinks. Please read also the terms on Linking & Framing Statement.

6.2 User Conduct
Users are prohibited from causing damages to other users when using the AVL websites or from impeding the operation of these websites or from disrupting the communication flow in any way whatsoever. Furthermore users are prohibited from using information about other users of the AVL websites or information published by third parties on the websites in any way that is at discrepancy with the purpose of these websites. AVL reserves all rights in the event of violation. AVL will pursue infringement of rights with criminal and civil legal action and will recover damages from any infringer in respect of all claims, costs, losses, obligations and expenses, including the usual legal costs. AVL is not obliged but has the right to monitor and check all transferred and/or published information irrespective of its intended purpose. AVL reserves the right to prevent the publication of or to delete information irrespective of its content without providing any reason.
Messages published on AVL web platforms shall be considered successfully delivered at the end of the next working day after being posted. All users of an AVL web platform shall be obliged to access the platform at regular intervals and retrieve the new information published there. Any eMail messages advising platform users about material published on AVL web platforms are of an informative nature only and not therefore associated with any legal consequences whatsoever.

6.3 Exemption from Liability
AVL shall accept no liability whatsoever for errors during the transmission of information from users to the AVL websites and vice versa, nor for the contents of transmitted information. When users transmit information to the AVL websites they automatically indicate that they are in agreement with these Terms of Use and accept that they are solely responsible for that user content. In particular, that means that the user is solely responsible for the authorship, correctness, completeness, legality, publication and distribution of the data they transfer, that they are solely responsible for the acquisition and maintenance of all licenses, approvals, releases, authorizations and similar permissions, and that they shall bear all the associated costs and fees.
Every user is obliged to employ the latest available virus scanning programs to protect their own hardware and software and to check the data and software transmitted by other users or deposited on the AVL web platform. AVL accepts no liability for damages due to the occurrence or transmission of computer viruses with the exception of the following, a) in situations where AVL used no virus scanning program of any kind or b) arising from actions carried out with intent by AVL employees.
The user shall in any case indemnify AVL against any claims from third parties arising from the infringement of the rights of third parties by the data transferred by the user.

7. Hyperlinks
The hyperlinks that appear on the www.avl.com website are a service provided by AVL website users. They help you to access information quickly and simplify the search for contents. AVL accepts no liability whatsoever for the linked websites and their contents. AVL has no influence of any kind over the design of or modifications to these websites, nor over the content they offer. Hyperlinks to www.avl.com simply refer to third-party contents, but do not make any evaluation of that content. In particular AVL accepts no liability whatsoever for the correctness, completeness, legality, objectivity or up-to-dateness of the content. Users take sole responsibility when accessing information from hyperlinks on www.avl.com.

Please read also the terms on Linking & Framing Statement.

8. Conclusion of Contract
The information displayed on the www.avl.com website for the purchase of products and services and for downloading software merely represents a request for submission of a quotation. The quotation is drawn up by the www.avl.com website user. AVL explicitly reserves the right to decline submitted quotations without stating any reason. The absence of a response does not mean that the quotation has been accepted.

9. Guarantee
AVL offers no guarantee of any kind for the correctness, completeness, legality, objectivity or up-to-dateness of the content offered on the www.avl.com website. AVL reserves the right to carry out adjustments, alterations and deletions to the website in its entirety and the content presented on it at any time and without notice. No guarantee is offered in particular for the correctness, completeness and up-to-dateness of the content displayed on the Website relating to products and prices or for the availability of the advertised products (goods, services, software etc.). AVL would like to emphasize that users in countries where the legislation does not permit such caveat emptors or only permits them to a limited extent, are not affected by the above provision (Para. 9) or only affected to a limited extent.

10. Liability
AVL or third persons or companies who have a business or other relationship with AVL accept no liability whatsoever for damages of any kind (including actual damages, lost profits, frustrated applications, damage to data, loss of data, loss of trade, legal expenses and drawing up of contract), arising from use of the website, from temporary or long-term inability to use the website (downtime), from limited availability of the website or its content, from errored representation of contents, from the display of third-party contents or from the display of hyperlinks at www.avl.com. AVL accepts no liability whatsoever in the event of damage to or destruction of hardware, software and other system data resulting from the use of the www.avl.com website or its contents. This provision (Para. 10) shall apply irrespective of the legal basis used to make the claim, irrespective of the degree of fault and irrespective of the question as to whether AVL or the third parties in a business or other relationship with AVL were or should have been aware of the possibility of damage. In particular no liability is accepted for contractual or extra-contractual claims. AVL explicitly emphasises that users in countries where the legislation does not permit such liability disclaimers or permits them only to a limited extent are in no way affected by the above provision (Para. 10) or affected only to a limited extent.

11. Application of Law
The www.avl.com website is supervised, operated and administrated by AVL Head Office which is located in Austria at 8020 Graz, Hans-List-Platz 1. The www.avl.com website and the content it displays are accessible and can be used all over the world. AVL accepts no liability whatsoever for the legality of the www.avl.com website and the content displayed on it from the point of view of other legal systems and their relevant statutory provisions. The use of the www.avl.com website and its content in countries other than Austria is the sole responsibility of the user. The user also assumes sole responsibility for observing the relevant statutory provisions of other legal systems. In particular, users are responsible for observing the respective export regulations when using the www.avl.com website. AVL reserves all rights in the event of contraventions and will instigate both criminal and civil legal action in pursuit of legal infringements. Use of the www.avl.com website is subject to Austrian Law. Sole court of jurisdiction for any claim arising from and in respect of the use of the website, and for any dispute arising in respect of the use of the website shall be that of the head quarters of AVL LIST GMBH. AVL LIST GMBH shall also be entitled to institute legal proceedings at the place of residence or business of the user of the www.avl.com website.

12. Amendments
AVL reserves the right to amend and to update these Terms of Use at any time without notice. The relevant amendment of these Terms of Use is binding. www.avl.com website users are advised to read the Terms of Use and associated legal notices at regular intervals to keep themselves informed of any new amendments.

April 8th, 2003

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