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Terms of Use for digital content

1. Scope of application and definitions

Bosch Industriekessel GmbH (“BOSCH”) shall provide the User with extensive information and data to download in connection with the distribution of their products. This includes in particular texts, text extracts, pictures, graphics, technical and commercial data sets (Datanorm texts), CAD drawings, BIM models, product data, sound/video/animation files, catalogue and planning software as well as registered and unregistered word/figurative marks such as “Buderus”, “Bosch” and “Junkers”, hereinafter referred to collectively as “Advertising Material”. By downloading and/or using the Advertising Material provided by BOSCH, the User confirms his agreement with these Terms of Use. In this document, the term “User” relates to all natural and legal persons who use the Advertising Material provided by BOSCH to market BOSCH products.

2. Scope of applicability of the Terms of Use

These Terms of Use shall apply for all Advertising Material provided by BOSCH to download, regardless of where and the format in which BOSCH provides the Advertising Material.

3. Usage and access rights

3.1 It is not permitted to download, duplicate and/or distribute whole websites used by BOSCH to offer Advertising Material for download, and/or the parts not intended for download in whole or individual sections thereof. Duplication as far as is technically necessary for the purposes of browsing, where this action is not for economic purposes, and permanent duplication for personal use, is permitted in particular.

3.2 All Advertising Material provided by BOSCH to download is copyright and/or trademark protected. All resulting rights shall belong exclusively to BOSCH or the BOSCH licensors.
The provision of Advertising Material by BOSCH shall serve solely to support the User's promotional appearance, in particular to present Bosch Industriekessel GmbH products, for purposes of customer and project acquisition, product design and planning and to support journalistic work (“Purpose of Use”). The Advertising Material provided by BOSCH shall therefore only be used by Users for the above-mentioned Purpose of Use (website, brochures, etc.) and for journalistic purposes. For these purposes only, BOSCH shall grant the User a simple, non-exclusive, non-transferable, locally limited and, subject to Item 5 below, perpetual right of use to the Advertising Material.
The provision of Advertising Material for distribution to third parties (perhaps in their own download area), use in image databases, picture catalogues and the use of pictures in auction platforms is permitted only after explicit and prior written consent from BOSCH.

4. Limitation of the use licence

The interests of BOSCH shall be taken into account appropriately at all times as regards the use of Advertising Material. The Advertising Material shall be used exclusively in connection with the products and services of BOSCH and shall not be used in particular in connection with pornographic, defamatory, racist, misleading and similar content that violates the law. Furthermore, the Advertising Material shall not be used in such a way that could be considered offensive, obscene or illegal. It is strictly prohibited to use Advertising Material in a context which compromises or violates the reputation and standing of BOSCH.

5. Term/withdrawal of the use licence

5.1 BOSCH reserves the right to withdraw the rights of use at any time in accordance with the above provisions regarding all or specific parts of the Advertising Material provided, and notably to prohibit further use. Here, BOSCH shall adequately consider the interests of the User and afford an implementation period as necessary.

5.2 BOSCH shall reserve the express right to modify, supplement or erase the Advertising Material provided at any time in whole or in part without prior notice, or to temporarily or definitively cease provision altogether.

6. Source references

When using the Advertising Material provided, the User shall name the source as “Bosch Industriekessel GmbH” in the usual manner for the relevant use and, where technically possible, in the Advertising Material itself or on/in the medium used. Combined image credits are permitted.

7. Editing/amendments

7.1 BOSCH shall reserve the right to amend, erase or supplement the scope of the offering and the individual files, without prior notification. In particular, BOSCH shall reserve the right to make changes to the files already downloaded by the User without further notice.

7.2 Any editing, restructuring or manipulation of the Advertising Material provided, by means of rephotographing, graphic distortion, photo composing or editing using other electronic tools, beyond colour corrections, cropping and reducing the overall size, shall be permissible only with the prior written consent of BOSCH. Information must also not be reproduced in a context that distorts its meaning.
Copyright notices, serial numbers, watermarks or other product identifications shall on no account be removed or altered.

8. User fee

The transfer of files shall be free of charge. The User is not entitled to demand payment from third parties for the use of the files. The right of the User to demand from third parties remuneration for services rendered with the aid of the Advertising Material remains unaffected.

9. Liability

9.1 If the press law, copyright or other laws are breached as a result of improper or distorting use of the Advertising Material provided, BOSCH shall assume no liability. In disregard of the obligations specified in these Terms of Use, the User alone shall be liable for damages towards any third parties. The User shall indemnify BOSCH from all third-party claims, including any procedural costs.

9.2 BOSCH shall be liable only in cases of malicious intent, gross negligence and in the absence of guaranteed characteristics. This shall not apply for loss of life or an injury and for cases of statutory liability.

9.3 BOSCH shall assume no liability for the accuracy and actuality of the provided data. The User is obligated to check the actuality and plausibility of the Advertising Material provided before use.
The product data shall include, for example, the standard versions of the components and dimensions with a tolerance of ±1%. The parameters for dimensioning have been defined as average values without reference to specific projects and shall not correspond to your actual implementation. They shall not therefore be suitable for detail engineering or pipework planning. BOSCH shall assume no liability here if the User still refers to this data for future planning. For project-specific adjusted CAD product data, more concrete data shall be required on the basis of a separate agreement. The User can contact a branch of BOSCH regarding this matter.

9.4 BOSCH shall not accept liability for damage resulting from use of the Advertising Material outside the aforementioned Purpose of Use, or from improper continued use of the Advertising Material.

10. Intellectual property

All intellectual property rights (including copyright, software rights, database rights, patents, expertise, underlying algorithms, brands, logos, trade names and other commercial identifying marks as well as other similar rights, such as applications, motions, extensions for all) to the download of the Advertising Material provided shall be the property of BOSCH or the BOSCH licensors and shall be protected by copyright or other intellectual property rights. A modification or distortion shall not be permitted. It is prohibited to remove references and notes relating to confidentiality, copyrights, trademark rights, patent rights and other intellectual property rights.

11. Additional conditions

11.1 The BOSCH “General terms and conditions of sale, delivery and payment”, as amended from time to time, shall also apply.

12. Final provisions

12.1 Should individual regulations in these Terms of Use become invalid, the effectiveness of the remaining provisions shall remain unaffected.

12.2 The substantive law of the Federal Republic of Germany shall apply, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Stuttgart.

12.3 Amendments and/or additions shall be made in writing.

As at: 07/2020