Terms and Conditions

PERI SE, headquartered in Germany, 89264 Weißenhorn, Rudolf-Diesel-Straße (hereinafter referred to as "PERI"), makes the PERI website available to companies (hereinafter referred to as "users") under the domains www.portal.peri.com (hereinafter also referred to as the "PERI website").

Terms

Scope
1. The PERI Terms of Use for PERI Websites (hereinafter also referred to as "Terms and Conditions") supplement the General Terms and Conditions of PERI as they stand at the time of conclusion of the contract (hereinafter referred to as "PERI GTC").
  The PERI T&Cs are available under Terms and Conditions (PDF).
  In the event of any inconsistency between these terms and conditions and the PERI GTC, these terms and conditions shall prevail.
2. These terms and conditions apply in business transactions with companies within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law as well as consumers in accordance with § 13 BGB.
3. The other business relationships are not affected by these terms and conditions.
4. By using one of the PERI websites, the user agrees to the validity of these terms and conditions.
Defensive clause
1. Unless otherwise expressly agreed, these terms and conditions shall apply exclusively to the use of PERI websites. Other provisions, in particular the user's general terms and conditions, do not become part of the contract, even if PERI does not expressly object to them.
Services provided by PERI and granting of the right of use to PERI websites
1. PERI provides information and software on the PERI websites for retrieval or download.
2. By making information and software available, PERI grants the user a non-exclusive and non-transferable right to use the information and software as agreed or, if nothing has been agreed, as it corresponds to the purpose pursued by PERI in making it available and making it available.
Purpose of the PERI websites
The purpose of the PERI websites is to provide information to the user.
Rights of use to PERI websites
1. The use of the PERI websites and the information and software provided by the PERI websites is subject to these terms and conditions.
2. The PERI websites may not be sold, rented, licensed or transferred by the user to third parties in any other way. Unless otherwise permitted by mandatory legal provisions, the user may not change, reverse engineer or translate the information or software displayed on the PERI websites, nor may he extract parts of them.
3. The information and software of the PERI websites are protected by copyright laws as well as international copyright treaties as well as by other laws and agreements on intellectual property. The User shall respect the rights referred to in the previous sentence, in particular not to remove alphanumeric identifiers, trademarks and copyright notices from the Information, the Software or copies thereof. In all other respects, §§ 69a et seq. of the Copyright Act remain unaffected.
4. Information, brand names and other content may not be copied, reproduced, rented, used, supplemented or otherwise exploited without the prior written consent of PERI.
5. The use of the PERI websites is currently not limited in time.
Obligations of the User
1. The user is not allowed to use the PERI website
  1. violate common decency with their use of the property;
  2. infringe any industrial property rights, copyrights or other proprietary rights;
  3. Transmit content containing viruses, so-called Trojan horses or other programming that can damage software.
2. The user is obliged to take special precautions and anti-virus software on his devices.
Warranties / Warranty
1. PERI makes no warranties or representations. In particular, PERI does not guarantee the accuracy of the information provided to the user on the PERI websites.
2. PERI assumes no guarantee for the availability of the PERI websites at all times or for their absence of technical malfunctions.
Hyperlinks
The PERI websites may contain hyperlinks to third-party websites. PERI assumes no responsibility for the content of third-party websites, nor does PERI adopt these websites and their contents as its own, as PERI does not control the linked information and is not responsible for the content and information provided there. The use of hyperlinks is at the user's own risk.
Liability for defects of title and material defects
Insofar as information and software on the PERI website are made available free of charge, liability for material defects and defects of title of the information and software, in particular for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and/or usability – except in the case of intent or fraud – is excluded.
Other Liability, Viruses
1. PERI's liability for material defects and defects of title is governed by the provisions of Section 9 of these Terms and Conditions. In all other respects, any liability on the part of PERI is excluded, unless liability is mandatory under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations. However, damages for breach of essential contractual obligations are limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence.
2. Although PERI always strives to keep the PERI websites free of viruses, PERI does not guarantee that they are free of viruses. Before downloading information and software, the user must ensure appropriate security devices and virus scanners on the PERI websites for his own protection and to prevent viruses.
3. A change in the burden of proof to the detriment of the user is not associated with the above provisions in sections 10.1 and 10.2.
4. Insofar as PERI's liability is excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of PERI.
Costs / Further Development / Termination
1. At present, PERI makes the PERI websites available to users free of charge. PERI reserves the right to offer the use of the PERI websites at any time only for a fee.
2. PERI is not obliged to further develop or expand the PERI websites and the information and software made available to the user therein.
3. Furthermore, PERI reserves the right to terminate the provision of the PERI websites at any time and without giving reasons.
Privacy
The regulations on data protection can be found in the privacy policy, available under http://peri.com/de/datenschutz.html .
Modification of the Terms of Use
PERI reserves the right to amend these Terms of Use at any time. There is no explicit reference to the change in the Terms of Use.
Place of jurisdiction and choice of law
1. The place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of PERI SE, Rudolf-Diesel-Straße, 89264 Weißenhorn, GERMANY. PERI reserves the right to file a lawsuit at the user's legal place of jurisdiction.
2. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the CISG.
Place of performance
The place of fulfilment is the headquarters of PERI SE, Rudolf-Diesel-Straße, 89264 Weißenhorn, GERMANY.
Severability
Should individual provisions of these terms and conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. In such a case, the parties undertake to substitute a valid and enforceable provision in place of the invalid or unenforceable provision that corresponds as far as possible to the factual and economic purpose of these Terms. The same applies to a gap in the conditions.
Contacting PERI
Questions regarding the use of the PERI websites can be sent by e-mail to the following e-mail address: support@peri.de.

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