Terms & Conditions
Terms and Conditions
1.2 Provided the User is using the Linus Web Site as a business customer, i.e. for purposes of his or her trade, business or profession or on behalf of a public body or corporation.
2.1 The Linus Web Site contains specific information and software, as well as - as the case may be - related documentation for viewing or downloading.
2.2 Linus reserves the right to cease operation of the Linus Web Site, in part or in its entirety, at any time. Due to the nature of the Internet and computer systems, Linus cannot accept any liability for the continuous availability of the Linus Web Site.
3. RIGHTS OF USE TO INFORMATION, SOFTWARE AND DOCUMENTATION
3.2 Linus grants the User a non-exclusive and non-transferable license to use the information, software and documentation made available to the User on the Linus Web Site to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by Linus in making the same available, provided none of the restrictions in section 5 apply.
3.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices, neither from the information nor from the software or documentation or any copies thereof.
4. INTELLECTUAL PROPERTY
4.2 Nothing contained in the above shall be construed as granting by implication or otherwise any license or right to use any patent, trademark or any other intellectual property right of Linus Lighting Co. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.
4.3 The word and device trademark Linus, other product trademarks, illustrations and logos identify Linus products and are the property of Linus Lighting Co. Eventually, registrations have not yet taken place in all relevant countries.
4.4 Use of these names and trademarks requires express permission of Linus Lighting Co. The use of the name Linus as a reference is permitted, e.g. for a link to this web site. Linus Lighting Co., must receive prior notification of such use.
5. DUTIES OF THE USER
5.1 In accessing or using the Linus Web Site, the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in his or her manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material; additionally, the User shall not solicit participation in any lottery, snowball system, chain letter, pyramid game or similar activity
The Linus Web Site may contain hyperlinks to the web pages of third parties. Linus shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own. Linus does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
7.1 For all kinds of damages, we shall be liable in accordance with the legal provisions only in the event of (1) intent and gross negligence, (2) in cases of damage to health, physical injury or death, (3) in case of the assumption of delivery or quality guarantees, (4) in cases of malicious concealment and (5) in cases of claims based on the Product Liability Act. If we are in culpable breach of an essential obligation or if the client is entitled to claims for compensation of damage in place of performance, the liability shall be limited to compensation for typically occurring, foreseeable damages. No other claims for damages (e.g. consequential damages) may be asserted against us. Essential obligations shall mean for the purpose of these terms those obligations protecting the customer´s essential legal positions, which the contract is meant to grant according to its content and purpose; in addition, those obligations, enabling the fulfilment of the contract and regularly trusted on by the customer are deemed to be essential obligations (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description).
7.2 The information on the Linus Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed upon in each case at the time of purchase.
Although Linus makes every effort to keep the Linus Web Site free from viruses, Linus cannot make any guarantee that it is virus-free. The User shall, for his or her own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9. EXPORT CONTROLS
The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Linus shall label such information, software and documentation requiring authorization in accordance with Switzerland and EU export control lists and the U.S. Commerce Control List.
10. DATA PRIVACY PROTECTION
For collecting, using and processing personal data of Linus Web Site Users, Linus complies with applicable laws on protection of data privacy and the Linus data privacy protection policy, available on the Internet under Privacy.
11. SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW
11.1 Any supplementary agreement requires the written form.
11.2 The place of jurisdiction shall be Geneva if the User is a merchant in terms of the Switzerland Commercial Code.
11.3 The individual pages of the Linus Web Site are operated by and administered by Linus and/or its subsidiaries. The pages comply with the law applicable in the country where the responsible company has its business residence. Linus accepts no responsibility for the fact that said information, software and/or documentation on the Linus Web Site can be viewed or downloaded at locations outside such a country. If Users access the Linus Web Site from outside such a country, they are exclusively responsible for compliance with all applicable local laws. Access to the Linus Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In such cases, and where the User wishes to enter into a business relationship with Linus, the User is asked to contact the Linus representative in the respective country.