Conditions of Use 

GENERAL REMARKS

Welcome.  By accessing the PERI website, you agree to be bound by these Conditions of Use.   These Conditions of Use also govern the use by any Designated Users of myPERI pursuant to a License Agreement for Access to myPERI.

DEFINITIONS

  1. “PERI” means PERI Formwork Systems, Inc., its parent, subsidiary and affiliates.
  2. “Customer” or “you” or “your” means Vistor(s) to the PERI website, and, as applicable, the corporation, entity or business, as well as its Designated Users, party to a License Agreement for Access to myPERI.
  3. “PERI website” means the website found at https://www.peri-usa.com available by PERI to visitors and all content, products, services and features on the PERI website available to visitors, as well as these Terms and Conditions, as may be amended from time to time.
  4. “myPERI” means the online web service found at https://my.peri.com  available by PERI to Designated Users pursuant to a License Agreement for Access to myPERI, including all products, services and features offered via that website to Designated Users, as well as these Terms and Conditions, as may be amended from time to time.
  5. “Designated Users” – The users expressly authorized pursuant to a License Agreement for Access to myPERI and/or any users authorized by Customer to access myPERI on behalf of Customer.   
  6. “License Agreement for Access to myPERI” or “License Agreement” means the written agreement between PERI and Customer authorizing access to myPERI by Designated Users.
  7. “Visitor(s)” or “vistor” means any person or persons visiting the PERI website as well as any Designated Users of myPERI.
  8. “User(s)” or “user” means any person or persons visiting the PERI website as well as any Designated Users of myPERI.
  9. “Intellectual Property Rights” means without limitation all patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. Visitors acknowledge that the Electronic Content, PERI website and myPERI, along with any Intellectual Property Rights contained therein or related thereto, are protected by law. All rights not specifically given to the visitors are expressly reserved by PERI.
  10. “Electronic Content” means all products, services and content available in or through the PERI website and/or myPERI, including any myPERI drawings as described below. The Electronic Content on the PERI website and/or myPERI may include specific project data and comprehensive product information regarding your select projects, including, project data, material overview and costs as they relate to PERI materials (hereinafter called “Project Data”).  The Electronic Content on the PERI website and/or myPERI also may include technical documents, including data and brochures, for materials rented or sold by PERI (hereinafter called “technical documents”).

By visiting the PERI website or myPERI, you agree that these Conditions of Use, as amended from time to time, supplement any terms and conditions in any agreement you have with PERI, including any  License Agreement for Access to myPERI.  Except as to any provisions for choice of law, venue and jurisdiction found in your License Agreement, which terms shall supplant any terms herein, in the event of any contradiction, inconsistency or variance between the provisions of any other agreement between you and PERI or your License Agreement for Access to myPERI and these Conditions of Use, these Conditions of Use shall take precedence.  

COPYRIGHT

The entire contents of and each article and abstract and all other material available through the PERI website and myPERI are protected by copyright (unless otherwise indicated on the title page of the article).

GENERAL RESTRICTIONS

Except as otherwise permitted under these Conditions of Use, you may not (a) use the PERI website and/or myPERI for any purpose other than those permitted under these terms or, if applicable, a License Agreement for Access to myPERI; (b) reverse engineer, decompile, or disassemble the PERI website and/or myPERI; (c) sell, rent, lease, lend, distribute, market or create a lien or security interest in the access rights granted under these terms; (d) sublicense or otherwise transfer the access rights granted thereunder; (e) remove or obscure any proprietary notices, labels, brandings, or markings included on the PERI website and/or myPERI; (f) use the access rights to provide services to third parties, sell, sublicense or otherwise commercialize outputs derived or realized from your use of the PERI website and/or myPERI; (g) download, print, copy, circulate, publish, reproduce, or otherwise commercially exploit PERI information or Electronic Content that is part of or accessible from the PERI website and/or myPERI; (h) use the PERI website and/or myPERI to send spam or otherwise unlawful email messages; (i) use the information or Electronic Content obtained from the PERI website and/or myPERI to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy or intellectual property rights; (j) knowingly use the PERI website and/or myPERI to send or store material containing any harmful computer code; (k) knowingly interfere with or disrupt the integrity or performance of all or any part of the PERI website and/or myPERI; (l) attempt to circumvent the security features or otherwise gain unauthorized access to unauthorized portions of the PERI website and/or myPERI; (m) modify, copy or create derivative works from any code from the PERI website and/or myPERI; or (n) disassemble, reverse engineer, or decompile any code for any part of the PERI website and/or myPERI in order to build for non-internal purposes, a product or service that is competitive with the services provided by PERI.

SPECIFIC RULES OF USE FOR myPERI

myPERI is only available to Designated Users.  Designated Users will be provided a logon identifier and password via electronic mail, which he or she shall change immediately after receipt of the necessary log-in data.  (Designated Users must ensure that electronic mail sent by PERI are received and not directly forwarded to the spam folder or are automatically deleted).

 

No Designated User may allow third parties or persons not employed by Customer access to myPERI by means of his or her logon identifier and password. 

 

Subject to the terms of the License Agreement, Designated Users will have access to Electronic Content within myPERI that relates to Customer projects.

 

Designated Users may download, search, retrieve, display, view, copy and print copies of Electronic Content subject to these Conditions of Use. Except as provided above, Designated Users may not download, copy, distribute, transmit or otherwise reproduce, sell or resell any Electronic Content; nor store any Electronic Content in any form or medium on or in any retrieval system; nor transmit such material, directly or indirectly, for use in any paid service such as document delivery or listserv, nor for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use, or for a fee or free of charge.

 

Designated Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on myPERI. Designated Users may not integrate Electronic Content with other material, nor otherwise create derivative works in any medium.

 

Designated Users may not do anything to restrict or inhibit any other Designated User's access to or use of myPERI and the Electronic Content.

 

If a Designated User refuses or fails to abide by these Conditions of Use or violates any other terms of the License Agreement, PERI reserves the right in its sole discretion to suspend or terminate access to myPERI and the Electronic Content immediately without notice, in addition to any other available remedies.

 

Designated Users shall not have the right to incorporate any Electronic Content into any institutional or other repository under any circumstances without PERI’s prior written approval.

 

You are solely responsible for authenticating and administrating all Designated Users’ identifications and passwords and for all their activities occurring through your account for access rights/license to myPERI.  You shall:  (a) use commercially reasonable efforts to prevent unauthorized access to or use of myPERI through your password and notify PERI promptly of any such unauthorized use that you become aware of; and (b) comply and ensure that your colleagues, employees and non-employee personnel and contractors comply with these Conditions of Use and any subsequent terms imposed by PERI with respect to access to myPERI, as well as all laws, rules and regulations applicable to your use of myPERI

 

Subject to the terms of the License Agreement, PERI reserves the right to either expand or to reduce, at any time, the range of Electronic Content made available through myPERI.  PERI further reserves the right to change the functions and the manner of functioning of myPERI and to expand or to supplement the range of services offered therein.  PERI makes every effort to adjust and update, punctually and fully, the Electronic Content available on myPERI.  PERI, however, is under no legal obligation to adjust or update these items of content or project data, individually or all together, at fixed intervals of time from the date of their being made available onward.  PERI accepts no liability for the accuracy or timeliness of the Electronic Content(s) of the Online Portal myPERI.

 

To the extent set forth in your License Agreement, necessary layout drawings and/or assembly drawings for the application of PERI materials for a particular project may be available to you on myPERI for inspection and downloading (hereinafter “myPERI drawings”). 

 

Unless noted otherwise, myPERI drawings will be based on ACI-347 design standards.  myPERI drawings, as well as any manuals, furnished by PERI are provided to conceptually illustrate the assembly of PERI material only. Manuals and myPERI drawings are neither intended to be fully directive nor cover engineering details for PERI’s material or materials not furnished by PERI.  myPERI drawings do not include reshoring/backshoring calculations and/or drawings, which are Customer’s sole responsibility.  All PERI-supplied drawings are based upon information provided by Customer and/or others and it is Customer’s responsibility to use PERI’s material in accordance with safe engineering and construction practices and applicable law.  PERI provides its material to sophisticated end users and it does not control assembly or procedures at the project site, or the grade or quality of materials or equipment supplied by third parties and, therefore, it is Customer’s responsibility to integrate the myPERI drawings into composite drawings suitably complete for construction purposes. Customer shall review the myPERI drawings supplied by PERI for any discrepancies or non-conformities, and in the event of any discrepancies or non-conformities, Customer must notify PERI within 3 working days after the submission of the myPERI drawings by PERI. Customer’s failure to provide timely written notice shall constitute a waiver of any and all claims, directly or indirectly, related to the delivery of myPERI drawings with discrepancies or non-conformities and it shall be conclusively presumed that Customer has fully inspected the myPERI drawings, the Customer deems the myPERI drawings satisfactory and acceptable in all respects.  PERI is not liable for any changes by others made to or deviations from any myPERI drawings supplied hereunder. PERI is not liable for the accuracy of myPERI drawings to the extent altered by anyone other than PERI or based upon inaccurate or otherwise non-conforming information provided to PERI on which the myPERI drawings are based.  

 

myPERI drawings are valid if and as long as they are visible in myPERI. myPERI drawings become invalid if they are removed from myPERI, if they are declared to be invalid or if the Customer cannot open or access them in myPERI.  If new versions of already existing myPERI drawings are uploaded to myPERI, the new versions replace the previous ones. By uploading another version to myPERI, the old versions become invalid.

 

When a new myPERI drawing become available on myPERI, PERI will alert  the Customer by electronic mail within about sixty (60) minutes after making the new myPERI drawing available.  Once available, additional copies of drawings can be mailed or otherwise delivered to Customer, the costs of which may be invoiced to Customer.

 

 

RESERVATION OF RIGHTS/OWNERSHIP 

ALL RIGHTS IN THE PERI WEBSITE AND myPERI NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PERI.  The PERI website and myPERI may be protected by United States and international copyright laws and treaties, as well as patent and other intellectual property laws and treaties.  Except for the rights granted by PERI hereunder, as between the parties, all title, copyright, patent and other proprietary rights, including trade secrets (if any), in and to all Electronic Content and related to the PERI website and myPERI are owned solely and exclusively by PERI. 

 

PERI reserves the right to store the access history of Customer, including, but not limited to, logon history, download history, for the PERI website and myPERI for a period of time.  PERI has no obligation to share this access history absent a court order or agreement to do so.

PERI LOGO

PERI's logo is a registered trademark of PERI. The logo is protected by law and may not be used without PERI's express written permission. PERI retains the exclusive right to grant or refuse permission to use its logo.  Any other logos and brand names displayed on the PERI website or myPERI are the exclusive intellectual property of their respective owners. To the extent applicable, these items are licensed to PERI but remain the property of their respective owners.

 

 

ACCURACY OF INFORMATION

While all reasonable attempts have been made to ensure the accuracy of information on the PERI website and myPERI, PERI is not responsible for any errors, inaccuracies, or incomplete information contained therein. PERI reserves the right to correct, change, or update any information on these sites at any time without prior notice.

DISCLAIMER

You use the PERI website and myPERI at your own risk. The materials on the PERI website and myPERI are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible, pursuant to applicable law, PERI and its affiliates disclaim all warranties of merchantability and fitness for a particular purpose, and of accuracy of informational content. PERI does not warrant that the functions contained in the PERI website or myPERI will be uninterrupted or error free, that defects will be corrected, or that it or the server that makes it available are free of viruses or other harmful components.

PERI and its employees, directors, officers, agents, vendors, or suppliers will not be liable for any losses or direct, indirect, incidental, consequential, exemplary, or punitive damages arising out of or in connection with the use of or the inability to use the PERI website and myPERI.

PERI is not responsible for any charges associated with accessing the PERI website and myPERI, including, but not limited to, any computer equipment, telephone or Internet connections and access software.

PERI may modify any of these terms and conditions at any time. A visitor’s continued use of the PERI website and/or myPERI shall be conclusively deemed acceptance of such modifications.

The PERI website and/or myPERI may provide links to third-party websites. Where such links exist, PERI disclaims all responsibility and liability for the content of such third-party websites. Visitors assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on them.

If you are dissatisfied with the PERI website and/or myPERI, or with these Conditions of Use, your sole and exclusive remedy is to discontinue using the sites and, if applicable, terminate the License Agreement pursuant to the termination clause therein.

PERI makes no representation or warranty that the PERI website or myPERI or the information contained therein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any visitor accessing the PERI website or myPERI from outside the United States does so at his or her own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.

Information on the PERI website and/or myPERI may contain references or cross references to PERI products, programs, and services that are not announced or available in your country. Such references do not imply that PERI intends to announce such products, programs, or services in your country.

LINKS/SCREEN SHOTS

Unauthorized use of images from PERI websites or myPERI to create buttons or to highlight links to PERI is strictly prohibited.  Unauthorized use of screen shots of pages from myPERI or on other PERI websites is strictly prohibited, without written permission from PERI. 

SECURITY

You are prohibited from violating or attempting to violate the security of the PERI website and/or myPERI. You may not, directly or indirectly through others: (a) Access data not intended for you or log into a server or account that you are not authorized to access; (b) Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) Attempt to interfere with service to any user, host, or network, including, without limitation, submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) Send unsolicited email, including promotions or advertising of products or services, to email addresses accessed through the site; (e) Forge any any part of the header information in any email or newsgroup posting; (f) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the PERI website and/or myPERI, or of any activity conducted on or through the site; or (g) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate through or search the PERI website and/or myPERI.

Any action that imposes an unreasonable or disproportionately large load on PERI infrastructure is prohibited.  Violations of system or network security may result in civil or criminal liability. PERI will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

TERMINATION OF USE

Subject to and in addition to any rights of termination under any applicable License Agreement, PERI and its representatives reserve the right to deny use of myPERI or any other PERI website to any user for any reason without notification. Any violation of the terms of use may result in legal action against the visitor. PERI may, in its sole discretion and at any time, modify or terminate the PERI website and/or myPERI and remove or refuse to post any information, content, materials, or other offering.

CONFIDENTIALITY AND SECURITY.  

You acknowledge that you may have access to Confidential Information of PERI.  “Confidential Information” means any non-public information disclosed by PERI to you in connection with the PERI website and/or myPERI that is disclosed in writing, orally or by inspection and is identified in writing or orally during disclosure as “Confidential” or “Proprietary” or which you have reason to believe is treated as confidential by PERI.  “Confidential Information” shall not include information that you can demonstrate: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than you; (b) was known to you as of the time of its disclosure; (c) is independently developed by you without use of the PERI’s Confidential Information; or (d) is subsequently learned from a third party that, to your knowledge, is not under a confidentiality obligation to the disclosing party.  You agree that the PERI website and/or myPERI, including all software code pertaining thereto, is Confidential Information of PERI and may contain proprietary information and trade secrets.  You agree that you will not disclose to any third party any Confidential Information other than as expressly permitted under these Conditions of Use.  Notwithstanding anything to the contrary herein, you may disclose Confidential Information pursuant to the requirements of a court or governmental agency or by operation of law, provided that you give PERI reasonable prior written notice sufficient to permit PERI to contest such disclosure or seek a protective order. 

REPRESENTATIONS/WARRANTIES 

PERI represents and warrants that (a) the services provided by PERI hereunder will not violate or infringe any United States registered patent or copyright; (b) PERI maintains industry standard and protocols and procedures designed to (i) prevent unauthorized access to the PERI website and/or myPERI, (ii) prevent disabling devices including, but not limited to, codes, commands or instructions that may be used to access, alter, delete, damage or disable the PERI website and/or myPERI; and (c) PERI has not received written notice that the PERI website and/or myPERI violates any laws applicable to PERI’s business.

DISCLAIMERS

PERI OBTAINS DATA FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED.  DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS.  THE LIMITED WARRANTY CONTAINED IN THIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN EXPRESSLY MADE ABOVE, CUSTOMER DISCLAIMS ALL WARRANTIES,  WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT.  YOU ACKNOWLEDGE THAT THE INTERNET IS NOT ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO SECURITY RISKS.  EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND ANY PAYMENT OBLIGATIONS ARISING FROM THE LICENSE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF myPERI, WHETHER IN AN ACTION OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION (SUCH AS THE USE OF OR INABILITY TO USE THE PERI WEBSITE AND/OR myPERI AND/OR DATA, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY ATTENDANT SUPPORT SERVICES), EVEN IN THE EVENT OF FAULT, NEGLIGENCE OR MISREPRESENTATION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

INDEMNIFICATION.  Customer shall defend, indemnify and hold PERI, including its directors, officers, employees and agents, harmless against any damages, losses, liabilities, penalties, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any third party claim relating to the Customer‘s breach or alleged breach of any of its representations, warranties, covenants or obligations under these Conditions of Use or relating to the Customer‘s failure to comply with any law or regulation applicable to the PERI website and/or myPERI. 

 

PROVISIONS.

 

If any provision of these Conditions of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of PERI, and the remainder of the Agreement will remain in full force and effect.

 

Binding Arbitration. 

Any dispute arising from these Conditions of Use, or your use of myPERI or the PERI website are subject to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and you agree that you have waived your right to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and PERI concerning the PERI website, myPERI, or these Conditions of Use, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of PERI’s Intellectual Property Rights.  The AAA will conduct any arbitration under its Commercial Arbitration Rules.  For more information, see www.adr.org or call 1-800-778-7879.  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Maryland and will be governed by Maryland law without regard to conflicts.  These Conditions of Use govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. You must file in arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it is permanently barred.

 

PERI Terms and Conditions of Use of peri.com

valid from 2015 April, 23

Preamble

 

PERI GmbH with its headquarters in Germany, 89264 Weißenhorn, Rudolf-Diesel-Straße (hereinafter referred to as “PERI”) provides entrepreneurs and consumers (hereinafter referred to jointly as “Users”) under the domain www.peri.com with a website (herein referred to as “PERI Website”).

 

  1. Scope of application
    1. The “PERI Terms and Conditions of Use peri.com” (hereinafter also referred to as “Terms and Conditions”) supplement the General Terms and Conditions of Business of PERI in the respective version valid when the contract is concluded (hereinafter referred to as “PERI T&Cs”).
      The PERI T&Cs can be downoaded here:  PERI Business Terms (PDF).
      In the event of contradictions between these Terms and Conditions and the PERI T&Cs, these Terms and Conditions will take precedence.
       
    2. These Terms and Conditions are a translation of the original version in German. The wording of these Terms and Conditions is always to be interpreted based on the original German version.
       
    3. These Terms and Conditions apply solely for the use of the domain www.peri.com. Separate terms and conditions of use apply for other websites and domains provided by PERI.
       
    4. Separate terms and conditions apply for the use of apps, web-based applications and of software provided by PERI: PERI terms of usage for apps and web-based applications and terms and conditions for the online portal myPERI (hereinafter referred to jointly as “other PERI terms and conditions of use”). In the event of contradictions between these Terms and Conditions and other PERI terms and conditions of use, the other PERI terms and conditions of use take precedence over these Terms and Conditions.
       
    5. The other business relationships will not be affected by these terms and conditions.
       
    6. By using the PERI Website, the user declares his or her agreement with the validity of these terms and conditions.
       
  2. Protective clause
    Unless another contractual agreement is explicitly reached, solely these Terms and Conditions apply for using the PERI Website. Other regulations, in particular the user’s general terms and conditions of business, do not become a component of the contract, even if PERI does not explicitly contradict them.
     
  3. Services of PERI and granting of the right of use to the PERI Website
    1. On the PERI Website, PERI provides both
      - information on PERI products and projects in the form of illustrations, renderings, drawings and photographic recordings, graphics (hereinafter referred to jointly as “Images”) and texts as well as
      -  software in the form of web-based applications(hereinafter referred to jointly as “Information and Software”) for retrieval or downloading.
       
    2. All Images are momentary snapshots. PERI is not obligated to depict all individual parts and elements of a PERI product in the Images.
       
    3. With the provision of Information and Software, PERI grants the user a non-exclusive and non-transferable right to use the Information and Software as it is agreed, or if nothing is agreed, as it corresponds to the purpose pursued by PERI when making available and providing the PERI Website.
       
  4. Purpose of the PERI Website
    The purpose of the PERI Website is to provide the user with information.
     
  5. Rights of use to the PERI Website
    1. The use of the PERI Website and the Information and Software provided by the PERI Website is subject to these Terms and Conditions, unless other PERI terms and conditions of use take precedence over these terms and conditions.
       
    2. The PERI Website, the information and the software may not be sold, leased or licensed by the user to third parties, or be provided for their use in other ways. Unless otherwise permitted by mandatory legal regulations, the user may not change or reverse engineer or translate the Information and Software, nor may he or she remove parts from them.
       
    3. The information and the software on the PERI Website are protected both by copyright laws and also by international copyright contracts and by other laws and agreements regarding intellectual property. The user will comply with the laws pursuant to the aforementioned clause, in particular shall not remove alphanumerical codes, trademarks and copyright notices from the Information and Software or copies thereof. For the rest, sections 69a et seq. of the Copyright Act (UrhG- Gesetz über Urheberrecht und verwandte Schutzrechte) remain unaffected.
       
    4. Information, brand names and other content may not be copied, reproduced, leased, used, supplemented or otherwise used without prior written consent from PERI.
       
    5. The use of the PERI Website is currently not restricted in regard to time.
       
  6. Obligations of the user
    1. When using the PERI Website, the user may not
      1. breach good morals with his or her usage behaviour;
      2. breach industrial protection and copyrights or other property rights;
      3. communicate content with viruses, so-called Trojan horses or other programming that can harm the Information and Software.
         
    2. The user is obligated to arrange safety precautions and anti-virus software on his/her devices himself/herself.
       
  7. Guarantees
    1. PERI does not give any guarantees or assurances. In particular, PERI does not guarantee that the information provided to the user on the PERI Website is correct.
       
    2. PERI does not provide any guarantee for the PERI Website being available at all times or it being free of technical faults.
       
  8. Hyperlinks
    The PERI website may contain hyperlinks to websites of third parties. PERI does not assume responsibility for the content of the websites of third parties nor does PERI adopt these websites and its content as its own because PERI does not check the linked information and is also not responsible for the content and information provided there. The hyperlinks are used at the user’s own risk.
     
  9. Liability for legal and material defects
    If Information and Software is provided free of charge to the user on the PERI Website, liability on the part of PERI for material and legal defects in the Information and Software, in particular for their correctness, freedom from errors, freedom from protection and copyrights of third parties, completeness and/or usability, is excluded, except in the case of wilful intent or malice.
     
  10. Other liability, viruses
    1. The liability of PERI for material and legal defects is based on the provisions in Clause 9. For the rest, any liability on the part of PERI is excluded, if liability is not mandatory pursuant to the German product liability law (Produkthaftungsgesetz), due to wilful intent, gross negligence, due to injury to life, body or health, due to the assumption of a guarantee for quality, due to fraudulent concealment of a defect or due to the breach of fundamental contractual obligations. The compensation claim for the breach of fundamental contractual obligations, however, is restricted to the predictable damage typical of this type of contract, unless wilful intent or gross negligence exists.
       
    2. Although PERI strives at all times to keep the PERI Website free of viruses, PERI does not guarantee any freedom from viruses. Before downloading Information and Software, the user will arrange appropriate safety equipment and virus scanners for his or her own protection and for the prevention of viruses on the PERI Website.
       
    3. A change in the burden of proof to the disadvantage of the user is not associated with the regulations above in Clauses 10.1 and 10.2.
       
    4. If the liability of PERI is excluded or restricted, the same also applies for the liability of legal representatives, employees or vicarious agents of PERI.
       
  11. Further development / termination
    1. PERI is not obligated to further develop or enhance the PERI Website and the Information and Software provided there to the user.
       
    2. PERI also reserves the right to terminate the provision of the PERI Website at any time and without giving reasons.
       
  12. Data protection
    The regulations regarding data protection can be found in the data protection declaration that can be found at
    http://peri.com/en/terms-of-use.html.
     
  13. Amendment of the Terms and Conditions of Use
    PERI reserves the right to amend these Terms and Conditions of Use at any time. There will be no explicit reference to the amendment of the Terms and Conditions of Use.
     
  14. Choice of law
    The law of the Federal Republic of Germany shall apply exclusively, with preclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
     
  15. Place of jurisdiction
    1. The place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of PERI GmbH, Rudolf-Diesel-Straße, 89264 Weißenhorn, GERMANY. The regulation of the clause above only applies if the user is not a consumer pursuant to Section 13 of the German Civil Code (BGB – Bürgerliches Gesetzbuch).
       
    2. PERI reserves the right to file legal action at the user’s statutory place of jurisdiction.
       
  16. Place of fulfilment
    The place of fulfilment is the headquarters of PERI GmbH, Rudolf-Diesel-Strasse, 89264 Weissenhorn, GERMANY.
     
  17. Contacting PERI
    Please address questions regarding the use of the PERI Website via e-mail to the following e-mail address: info@peri.com.