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Terms and Conditions for the general use of the Website

The Mitsubishi Electric Europe B.V., Mitsubishi-Electric-Platz 1, 40882 Ratingen, Germany (here: “Mitsubishi Electric Factory Automation Europe”), provides the website gb3a.mitsubishielectric.com (here: “Website”). The Website is related to Mitsubishi Factory Automation (also referred to as “Mitsubishi Automation” or “FA”) for the regions Europe, Middle East and Africa (here: “EMEA”). The Website contains certain benefits and contents (here: “Content” or “Service”). By visiting the Website you agree to these Terms and Conditions (here: “T&C”). Please note that specific terms and conditions apply additionally for specific contents and in relation to data protection.

1.

Application of these T&C

The use of the Website by the User shall be governed solely by these T&C. In particular, we do not accept any other terms and conditions.

2.

Mitsubishi Electric Factory Automation Europe’s Services

The Website is a voluntary service of Mitsubishi Electric Factory Automation Europe and free of charge. Mitsubishi Electric Factory Automation Europe will provide the User with Content that is up to Mitsubishi Electric Factory Automation Europe’s sole discretion. In particular, Mitsubishi Electric Factory Automation Europe may alter (reduce or change) the Content from time to time or cease the provision of certain Content or the Website at all at any time (also temporarily) for any or all Users without giving prior notice or reasons. Mitsubishi Electric Factory Automation Europe shall be entitled to deploy third parties or use third parties’ services to perform the services for the provision of the Website.

Hyperlinks to content that is provided on third party websites may be included under the Website. We cannot control the contents that can be found under such hyperlinks which are not part of our service.

3.

Use of the Website and Content, Rights of Use

The use of the Website is permitted solely for lawful activities. The User shall not use any Content in a way that might cause damage to Mitsubishi Electric Factory Automation Europe or companies affiliated to Mitsubishi Electric Factory Automation Europe according to Sections 15 et seq. of the German Stock Corporation Act (Aktiengesetz, AktG; such affiliated companies here: ”Affiliated Companies”). Mitsubishi Electric Factory Automation Europe grants the User a non-exclusive, non-transferable right to use the Content personally and limited to its internal business use in connection with (potential) purchases from affiliated companies. However, the User shall not copy or modify the Content, unless this is necessary to use the Content in a contractually intended manner. The User shall not distribute, make publicly available, sell, lease or rent the Content. If rights of use are not expressly granted to the User, Mitsubishi Electric Factory Automation Europe explicitly retains any such rights.

The User shall compensate Mitsubishi Electric Factory Automation Europe and/or its Affiliated Companies for any damage that Mitsubishi Electric Factory Automation Europe and/or its Affiliated Companies suffer from a use of the Website and/or Content contrary to these T&C.

4.

Compliance with Export Control Regulations

The User shall comply with all applicable national and international export and re-export control regulations (e.g. regarding downloaded materials). Prior to any transfer or transport of relevant material the User shall in particular check and guarantee by appropriate measures that no infringement of an embargo that is imposed by the European Union, the United States of America and/or the United Nations is caused. Upon respective request the User shall provide Mitsubishi Electric Factory Automation Europe with all relevant information regarding a prospective breach of export control regulations that is evaluated in connection with the User’s activities (e.g. by competent authorities or by Mitsubishi Electric Factory Automation Europe).

5.

Warranty, Limitation of Liability

Mitsubishi Electric Factory Automation Europe shall be fully liable for willful intent, in case of gross negligence, in case of fraudulent concealment of a defect (arglistiges Verschweigen eines Mangels) and for claims in connection with the German Product Liability Act (Produkthaftungsgesetz). Any other liability of Mitsubishi Electric Factory Automation Europe and possible warranty claims of the User shall be excluded. Mitsubishi Electric Factory Automation Europe does not provide any guarantees. This limitation of liability shall also apply to Mitsubishi Electric Factory Automation Europe’s employees, agents and vicarious agents.

6.

Choice of Law

This T&C shall be governed solely by material German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

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