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Terms of use

  1. Henkel AG & Co. KGaA ("HENKEL") grants the USER online access to the HENKEL 'SEAL Media Online database' ('DATABASE') via HTTP for the purpose of internet research and the of downloading picture files subject to these Terms of Use.
  2. Any and all use of the DATABASE shall be solely subject to these Terms of Use. No other terms shall apply even if HENKEL does not expressly oppose to the same.
  3. The USER shall use the DATABASE solely for the purposes of HENKEL, or for joint purposes of HENKEL and the USER, always provided that HENKEL has approved such purposes. In particular, the picture files downloaded for a permitted purpose may not be used by the USER in any way which offends against decency, be it defamatory or offensively addressing someone's religious beliefs or otherwise.
  4. Any use of the DATABASE and/or the downloaded picture files by the USER for any other purpose(s) than the permitted purpose(s) is expressly prohibited. This shall apply to both the USER's own commercial, non-commercial or political purposes and the commercial, non-commercial or political purposes of any third party as well as to any distribution and/or public communication of the downloaded files outside the permitted purpose(s).
  5. The nature and extent of the DATABASE use provided by HENKEL is based on the current general technical, legal and commercial framework of the internet. HENKEL's responsibility for the data transmission shall end at the point of transfer to the router of HENKEL's access provider.
  6. Within the scope of the permitted purpose(s), HENKEL will arrange an access authorisation for the USER for the research in the DATABASE and for downloading picture files from the DATABASE and will for this purpose assign the USER a User ID and a password. The USER shall keep the User ID and the password separate from each other and shall maintain strict secrecy on the same. If any third party gains access to the DATABASE as a result of a culpable violation of this secrecy obligation by the USER, the USER shall be liable for any damage incurred by HENKEL as a result of such violation. If the USER has any reason to believe that any third party may have gained knowledge of the USER's password, the USER shall promptly notify HENKEL thereof. HENKEL will then assign the USER a new password.
  7. The User ID and the password only authorise the USER to access the DATABASE for research in the DATABASE and for downloading picture files from the DATABASE to the extent that HENKEL, in its sole discretion, grants the USER so as to achieve the permitted purpose(s). Further, the USER may only download such picture files that the USER actually uses for the permitted purpose(s). The USER shall not be entitled to demand any extension of this right of use. If the USER is a legal entity, only employees of such legal entity may be granted any right of use.
  8. In using the DATABASE, the USER undertakes to comply with all prevailing legal and technical rules and requirements.
  9. Each picture file is accompanied by information on the rights in the picture, the source of the picture file and the nature and extent of limitations of use or exploitation, including, without limitation, as regards content, term and/or territory of use. Such information is incorporated by reference in these Terms of Use. The USER agrees to strictly abide by any such additional legal terms of use which form an integral part of these Terms of Use.
  10. The USER shall indemnify HENKEL against any and all liability arising out of or in connection with any claims of third parties made against HENKEL for non-compliance with these Terms of Use including the additional legal terms of use.
  11. HENKEL shall be under no obligation to update and/or extend the DATABASE.
  12. As far as the relationship between HENKEL and the USER is concerned, HENKEL shall be the exclusive owner of any and all rights in the DATABASE and in any and all individual components of the DATABASE, including but not limited to any copyright-related rights of use or exploitation.
  13. HENKEL has produced the content of the DATABASE and has observed utmost care in the compilation of the data and has verified their accuracy and completeness by sample testing. Nevertheless it is possible, that individual data are incorrect and/or incomplete. HENKEL disclaims any warranty for such incorrect and/or incomplete data as well as any warranty for the fitness of the downloaded picture files for the USER's permitted purpose(s).
  14. In case of faults or errors in the DATABASE other than minor faults or errors, HENKEL will endeavour to eliminate the same as fast as possible. In case of minor impairments, HENKEL will endeavour to remedy the fault or error within a reasonable period of time.
  15. HENKEL shall not be liable for any damage whatsoever incurred by the USER, unless HENKEL acted wilfully or with gross negligence.
  16. The USER's right of use is granted for the time required for achieving the permitted purpose(s). Upon the achievement of the purpose(s), the access authorisation and the User ID of the USER will expire automatically.
  17. USERS who are not members of the HENKEL Group are herewith advised, as required by the Federal German Data Protection Act, that HENKEL will store their full address and other use-specific details in machine-readable form and process the same for use-related purposes. To such USERS, HENKEL warrants that such data will be treated confidentially.
  18. These Terms of Use shall be governed by the laws of the Federal Republic of Germany.
  19. If the USER is a businessman or a legal entity under public law or if the USER has its place of residence or registered office outside Germany, the venue for any disputes arising out of or in connection with these Terms of Use shall be Düsseldorf, Germany.
  20. All inquiries by the USER related to the use of the DATABASE shall be addressed to: HenkelSDEnglish@unisys.com
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