Acceptance of terms
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Graebert and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Graebert.
Use of Software: The software and accompanying documentation that are made available to download from this Site are the copyrighted work of Graebert and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.
Use of Site Information: Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:
- The documents and information may be used solely for personal, informational, internal, non-commercial purposes.
- The documents and information may not be modified or altered in any way.
- The documents and information on the Site may not be distributed.
You may not remove any copyright or other proprietary notices contained in the documents and information.
Graebert reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Graebert.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Warranties and Disclaimers
Except as expressly provided otherwise in an agreement between you and Graebert, all information and software on this site are provided „as is“ without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Graebert GmbH assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this site.
References to orations, their services and products, are provided „as is“ without warranty of any kind, either express or implied. In no event shall Graebert be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
This site could include technical or other mistakes, inaccuracies or typographical errors. Graebert GmbH may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and Graebert makes no commitment to update such materials or services.
Graebert GmbH assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to other orations, their services and products, are provided „as is“ without warranty of any kind, either express or implied.
This Site can be accessed from other countries around the world and may contain references to Graebert products, services, and programs that have not been announced in your country. These references do not imply that Graebert intends to announce such products, services or programs in your country. This Site may contain links to third-party Web sites that are not under the control of Graebert. Graebert makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Graebert Web site, you do so at your own risk and Graebert is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Graebert provides these links merely as a convenience and the inclusion of such links does not imply that Graebert endorses or accepts any responsibility for the content or uses of such Web sites.
License for user content
Certain Services offered on this Site accommodate or require user-supplied information, materials or communications (collectively, ‘User Content’). Depending upon the nature of the Service, by submitting User Content to this Site you grant Graebert one of the following two types of licenses:
For User Content that is the result of your creative efforts, such as examples of work you have done using Graebert products, you hereby grant Graebert a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant Graebert the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the Site.
For User Content such as comments to the Graebert User to User Forums, bug reports, piracy reports or product suggestions, you grant Graebert an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Graebert is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
You may only submit to the Site, User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.
Managing user content and communications
Graebert reserves the right, in its sole discretion, to delete or remove your User Content from the Site and to restrict, suspend or terminate your access to all or part of this Site, at any time for any reason without prior notice or liability.
Graebert may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. Graebert shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.
Graebert may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, Graebert will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Graebert also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of Graebert’s revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives and/or projections of Graebert for future operations, including those relating to the products or services of Graebert; (iii) Graebert’s future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, Graebert’s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. Graebert wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially.
Export control laws; Notice to U.S. Government users
The export and re-export of Graebert software products are controlled by the United States Export Administration Regulations.
All Graebert products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing law and jusrisdiction
This Site (excluding linked sites) is controlled by Graebert from its office within Berlin, Germany. By accessing this Site, you and Graebert agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Germany, without regard to the conflicts of laws principles thereof. You and Graebert also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Germany with respect to such matters. Graebert makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Graebert or other third parties. ARES®, ARES Commander™, ARES Touch™, ARES Kudo™, ARES Map™, ARES Mechanical™ and SiteMaster™ are trademarks or registered trademarks of Graebert GmbH. All other trademarks and registered trademarks are property of their respective owners. You are not permitted to use the Marks without the prior written consent of Graebert or such third party which may own the Marks.