TERMS AND CONDITIONS OF ACCESS AND USE OF
THE PARTNER DATABASE


THE FOLLOWING TERMS AND CONDITIONS OF ACCESS AND USE ARE THE LEGAL AGREEMENT BETWEEN YOU (INCLUDING YOUR EMPLOYER IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER) (HEREINAFTER “PARTNER”) AND STÄUBLI.
PLEASE READ THIS DOCUMENT CAREFULLY AND COMPLETELY.
BY SELECTING THE “I AGREE” BOX ON THE APPLICATION FORM YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS PLEASE DO NOT CONTINUE AND CANCEL YOUR REGISTRATION.


Article 1 – Definitions

Each of the expressions set out below will have, in these Conditions, the meaning hereinafter given to them, as follows:

“Party/Parties” means STÄUBLI and/or the Partner.

“Partner” means the Customer or Supplier of STÄUBLI who is authorised to access and use the Service.

“Service” means the Database located in the private section of the STÄUBLI website and containing all the Documentation which STÄUBLI makes available to the Partner in accordance with the Conditions below.

“Documentation” means all information and data of any kind (technical, commercial, financial or economic), in any form whatsoever (texts, images, plans, software, etc.) to which the Partner may have access via the Service.

“Conditions” means these terms and conditions of access and use of the Service



Article 2 - Purpose

The purpose of these Conditions is to define the terms and conditions for access and use of the Service which STÄUBLI makes available to its Partners in order to provide them with access to information and data related to STÄUBLI products.


Article 3 – Access to the Service

3.1. STÄUBLI grants the Partner a personal and temporary, non-exclusive and non-transferable right to access and use the Service under the conditions set out below.

3.2. The Partner must first fill in a registration form, providing accurate, up-to-date and complete information as well as acceptance of these Conditions. This information must be updated regularly by the Partner in order to retain its accuracy. Should the Partner provide false, inaccurate or incomplete information, STÄUBLI reserves the right to refuse the access to the Service or to suspend or remove it.

Concerning the policy for the protection of personal information provided to STÄUBLI, please pay close attention to the “Privacy policy” document available online on the Service.

Upon receipt of the registration form, an electronic message confirming the receipt of the form will be sent to the Partner. Once the registration request has been processed, and if it is accepted by STÄUBLI, an electronic message confirming creation of an account will be sent to the Partner with the username (e-mail address) and password which will have been chosen in advance by the Partner in the registration form.

These data is individual, personal, confidential and non-transferable.

The Partner is solely responsible for protecting the confidential nature of these data.
3.3. All access, use and operations carried out via the Service under the individual username of a Partner are indisputably assumed to have been carried out by the Partner whose name is associated with this username and under the said Partner’s responsibility.


3.4. Should the Parties be informed of the potential risk of disclosure of the Partner’s username and password to a third party or of any other incident which may threaten the security of the Service and of the Documentation, each of the Parties undertakes to inform the other Party of such as soon as possible.

The Partner undertakes to immediately withdraw all rights of access concerned by the risk, given that STÄUBLI reserves the right to do so itself.


3.5. It is up to the Partner to take, at its own expense, the steps required to enable access and use of the Service and to maintain the IT equipment under adequate security conditions so as to avoid any virus or intrusion of third parties into the Service (adherence to the Conditions, workstation security, etc.).


3.6. On the whole, STÄUBLI reserves the right, at any time, without prior notice, and at its sole discretion, to remove or restrict any access given to a Partner. In this case, STÄUBLI will inform the Partner of the removal or restriction of access.


Article 4 – Use of the Service

4.1. The Partner agrees to use the Service in accordance with the sole purposes provided for its level of access, as defined below:

4.2. The Partner will be responsible for the software required for processing or transfer of data (web browser, PDF reader, network connection and broadband, etc.).


4.3. The Partner undertakes: 4.4. The Partner undertakes not to use the contents of the Service and Documentation to create or strengthen any competition with STÄUBLI, or indeed to obtain or have third parties obtain intellectual property rights. 4.5. The Partner is authorised to print and download the results of the research, in whole or in part, provided it does not distribute or transmit all or part of the results of the research or the Service to a third party by any means whatsoever. The Partner is not authorised to duplicate the entire Service or to create sub-sets or databases derived from the Service.


Article 5 – Availability of the Service STÄUBLI undertakes to do its utmost to ensure that access to the Service is possible 7 days a week, 24 hours a day. However, STÄUBLI does not guarantee, under any circumstances, that access and use of the Service will be possible without interruption or working errors. In particular, use of the Service may be momentarily interrupted for reasons of technical maintenance, updates or improvement, or to upgrade the content and/or presentation. In this respect, STÄUBLI reserves the right to temporarily or definitively suspend whole or partial access to the Service at any time.


Article 6 – Intellectual property

6.1. STÄUBLI, in its capacity as producer, is the exclusive holder of the intellectual property rights for the Service. STÄUBLI also holds the intellectual property rights for all of the Documentation.

6.2. Under no circumstances may the provisions of these Conditions be construed as granting the Partner, explicitly or implicitly, any right whatsoever over the Documentation (right of ownership, licence or use) or to any other intellectual property right (patents, trademarks, trade names, copyright, etc.) of STÄUBLI. The only authorised actions and uses are those mentioned in Article 4 of these Conditions. No translation, adaptation, or modification of the Service or of the Documentation is permitted without prior express written permission from STÄUBLI.

6.3. When printing, downloading, copying and/or reproducing parts of the Documentation, the Partner undertakes not to remove, conceal or amend the statements related to any ownership rights (including the statements related to copyright and trademarks) which may be affixed to or contained in the Service and the Documentation.


Article 7 - Guarantees – Liabilities 7.1. Under no circumstances does STÄUBLI guarantee, without the below list being limitative, that:
7.2. The Partner accesses and uses the Service and the Documentation at its own risk and expense and entirely at its own liability. Under no circumstances may STÄUBLI be held liable, and the Partner waives any right to legal action in this regard, for damages of any kind whatsoever (physical, material, financial, etc.) such as, without this list being limitative, loss of data or programs, financial loss, damage to the Partner’s computer equipment (notably including software, hardware, connections, etc.) or the appearance of viruses, which the Partner may suffer as a result of access and/or use of the Service, of unavailability of the Service, or of use of the Documentation. 7.3. Should this exclusion of liability prove to be illegal in respect of new legislative or regulatory provisions, the Parties agree that STÄUBLI cannot, under any circumstances, be held liable for indirect damages the Partner may suffer, such as, without this list being limitative, loss of profit, loss of data or programs, loss of orders or of customers. 7.4. The Partner guarantees STÄUBLI against any legal action by any third party for any losses, expenses or liability claims which may be alleged by the latter due to a breach of the provisions of these Conditions in the course of access and/or use of the Service or use of the Documentation.


Article 8 - Termination In the event of a breach of these Conditions by the Partner, STÄUBLI reserves the right to terminate, without prior notice, the granted access, without prejudice to the other legal rights and actions open to STÄUBLI. Article 9 – Amendments to the Conditions

STÄUBLI may, at any time and without prior notice, amend or update these Conditions. Such revisions and updates will bind the Partner, who must therefore regularly consult the Conditions in force available online via the Service.


Article 10 – Miscellaneous

10.1. Access and use of the Service are provided intuitu personae. The Partner may not therefore transfer all or part of its rights and obligations set out in these Conditions to a third party without prior written agreement from STÄUBLI.

10.2. These Conditions constitute the entire agreement between the Parties concerning access and use of the Service with, where appropriate, the special conditions which may apply depending on the type and level of access. They cancel and replace all previous agreements that concern the Service. 10.3. Should any of the provisions set out in these Conditions be declared invalid or unenforceable by a competent Court of Law, the said provision will cease to apply, without affecting the other provisions of the Conditions, which will retain their full force and scope. Article 11 – Applicable law – Dispute resolution

11.1. These Conditions are governed by French laws and regulations.

11.2. If no amicable agreement can be reached between the Parties, any dispute between the Parties concerning the existence, validity, interpretation and/or execution of the Conditions will be submitted to the competent Court in Annecy (Haute-Savoie), notwithstanding multiple defendants or the introduction of third parties.