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Terms of use

This website ("Website") is brought to you by ELEKTRON AG (ELEKTRON). Address: ELEKTRON AG, Riedhofstrasse 11, CH-8804 Au ZH.

These terms of use govern your access to and use of this website. Specific terms or conditions may apply to specific content, data, materials, or information available on or through this website ("Content"), as well as to specific data, materials, or information you may upload, submit, and/or post to the website ("User Content"), or to transactions entered into through this website. Such specific terms may supplement these Terms of Use or may also supersede them if expressly so stated. At the same time, we comply with applicable EU law.

1 Acceptance of the Terms of Use

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By accessing and using this Website, you accept as legally binding the Terms of Use and all provisions contained or referenced therein, as well as any additional provisions set forth on the Website. If you do NOT accept these Terms in their entirety, you may NOT access or use this Website.

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2 Modification of Terms

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These Terms of Use may be modified by ELEKTRON at any time. Such amended terms shall be effective immediately upon their posting. Your continued use of the Site following the posting of such changes will be deemed equivalent to your acceptance of the changes. Please familiarize yourself with the applicable terms on a regular basis. Other ELEKTRON websites may have their own terms of use that apply to those websites.

ELEKTRON reserves the right to make interruptions, changes, or updates to the Site or the Site Content at any time without notice. In addition, ELEKTRON reserves the right to restrict, deny or terminate access to the Site or any portion thereof to any person at any time, effective immediately, without having to justify its reasons.

3 Privacy Policy

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Personal information provided or collected through or in connection with this website will be used solely in accordance with ELEKTRON's Privacy Policy, and these Terms of Use are subject to the Privacy Policy posted on this website.

4 Disclaimer

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ALL INFORMATION (INCLUDING CONTENT, TEXT, PICTURES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. ELEKTRON AG AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR, WITH RESPECT TO THE OPERATION OF THIS SITE, THE CONTENT OR USER CONTENT.

Neither ELEKTRON AG nor any of its affiliates, subsidiaries, partners, licensors, suppliers, or subcontractors makes any representation or warranty (i) that the Site will meet your expectations, (ii) that the Site will be uninterrupted, timely, secure, or error-free, or (iii) that the results obtained from the Site (including any content, information, or materials from the Site) will be correct, complete, accurate, or reliable, or otherwise meet your expectations.

This is a public website. By its nature, confidentiality no longer exists for User Content that you submit to this Website. Do not send confidential information here.

ELEKTRON AG and its affiliates, subsidiaries, partners, licensors, suppliers, and vendors are not responsible for any interruptions to the Internet, network or hosting connections, or third party services, and further do not warrant that the website or the functions provided by the website or electronic messages sent by ELEKTRON are free of viruses or other harmful elements.

Any materials downloaded or otherwise received by you through the use of the Site became so because of your free choice and your own risk. You are solely responsible for any damage to your computer system or equipment or loss of data that occurs because of the downloading of such materials.

5 Registration

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Subscriber registration may be required to access certain areas of this Site and to use some features or functions of the Site. There is no charge for this registration.

When you register, you must choose a unique username and password and provide a valid, active, and verifiable email address. Duplicate usernames and email addresses are not allowed. If the name or address provided is already in use, you will be prompted to make a new choice. We will send you a confirmation e-mail with the registered data. Failure to send this data may result in your access to, or use of, areas, functions or features that require registration being denied or terminated. You agree to promptly update your registration to keep the data current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username, delete your content posted on the Site, or refuse or cancel your registration if you choose a name that, in our sole discretion, is obscene, infringing, abusive, or otherwise inappropriate. Similarly, you are solely responsible for any restricted access to your computer(s). You assume responsibility for all activities using your account, username, and/or password that result from your conduct, omission, or negligence. If you become aware of any suspicious or unintentional events regarding your account, username, or password, you are required to notify us immediately by emailing us at info@elektron-austria.at. We may block registration to any specific email service or ISP at our sole discretion.

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6 Submissions

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In the event that you submit User Content to the Site, you agree that the materials will be appropriate, constructive and relevant and will not contain any items that are unlawful or otherwise unsuitable for publication, including, without limitation, items that (1) may be defamatory or injurious to the reputation of another person or entity, (2) may harm a person or thing or defame or harass a person or entity, (3) may violate a person's legal rights (including the right to privacy or informational self-determination), (4) is pornographic, obscene, blasphemous, vulgar, immoral, or threatening, (5) is culturally, ethnically, or otherwise offensive, or that (6) indicates or encourages an unlawful act.

You will take all reasonable steps to screen the materials to be transmitted and to remove any viruses or other contaminating or destructive features before sending them. Nor may you distribute chain letters, pyramid schemes, surveys or solicitations through the Site. You may not forge headers or manipulate identities or other data to mask the origin of any Content and/or User Content transmitted through our Website or to manipulate your own presence on the Website. Our websites, servers or networks may not be interfered with or disrupted, nor may any actions place an unreasonable or disproportionate load on our infrastructure.

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You represent, warrant and covenant that your User Content submitted to the Site does not infringe the proprietary rights of any other party or person, such as, but not limited to, copyrights, trademarks or patents, or other obligations of confidentiality.

You understand and agree that any ideas, submissions, discussion posts, or other User Content you provide within the Site does not constitute intellectual property, is not proprietary, and may be used by all other participants without consideration.

You hereby grant ELEKTRON AG, its affiliates, subsidiaries and other partners a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, host, store, reproduce, copy, create derivative works from, distribute, publicly perform or display, transmit and publish in any media, at ELEKTRON's sole discretion, any User Content you provide on this Site or on any other ELEKTRON website or for any other ELEKTRON marketing or public relations materials collection.

You are solely responsible for your User Content and the consequences of its submission and/or publication. ELEKTRON may, but is not obligated to, review and monitor User Content at or after its transmission. In any event, you accept that it is not possible to review and monitor all User Content. It is understood without limitation that, ELEKTRON AG, its affiliates, subsidiaries, partners, licensors, suppliers and vendors shall not be held responsible for the accuracy, completeness, quality or validity of any User Content posted by third parties through the Site.

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ELEKTRON does not endorse any User Content or any opinions, recommendations or advice expressed therein. ELEKTRON expressly disclaims any and all liability in connection with the User Content.

ELEKTRON shall have the sole right and ability, in its sole discretion, to edit and/or remove any message or other User Content at any time, without notice or consent, if it is objectionable or appears inappropriate or otherwise violates these Terms of Use. Any User who believes that any User Content submitted is objectionable or inappropriate is requested to contact ELEKTRON immediately by email at: info@elektron.ch.

Whenever we receive such a notice, we will do everything necessary in our discretion within a reasonable time. Because this is a manual process, you are informed that we may not be able to immediately edit or remove the affected User Content.

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7 Limitation of Liability

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IN NO EVENT SHALL ELEKTRON AG OR ITS AFFILIATED COMPANIES, SUBSIDIARIES, PARTNERS, LICENSORS SUPPLIERS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS, THIS WEB SITE, THE CONTENT OR USER CONTENT, EVEN IF ELEKTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT SUCH DAMAGES MAY BE DERIVED FROM FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF ELEKTRON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY TO ELEKTRON AG , ITS AFFILIATED COMPANIES, SUBSIDIARIES, PARTNERS, LICENSORS, SUPPLIERS AND SUPPLIERS FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE CONTENT OR USER CONTENT, IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR USE OF THE SITE OR FIFTY FRANCS (CHF 50), WHICHEVER IS GREATER.

If YOU LIVE IN A COUNTRY WHERE THE FOREGOING DISCLAIMERS AND LIMITATIONS OR WARRANTY DISCLAIMERS IN SECTION 4 ARE NOT APPLICABLE, THESE DISCLAIMERS AND LIMITATIONS WILL NOT APPLY TO YOU, HOWEVER. IN SUCH EVENT, SUCH EXCLUSIONS AND RESTRICTIONS SHALL GO AS FAR AS THE APPLICABLE LAW PERMITS.

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8 Third Party Content and Software

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ELEKTRON is in no way responsible for the content of third party websites that may be hyperlinked to this website. It is irrelevant whether or not the hyperlink was provided by the website or by a third party in accordance with these Terms of Use. Links on our website to any other website do not imply that we endorse any content on those websites, nor do they imply any judgment or warranty as to the accuracy, currency or suitability of the content of any website to which our website may be linked, and we make no such warranties.

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Any software made available for download from or through this website is licensed subject to the terms of the applicable license agreement. Except as otherwise provided in the applicable license agreement, the software is provided solely for the use of end users. Any other copying, reproduction or redistribution of the Software is expressly prohibited.

EVENTUAL WARRANTIES FOR SUCH SOFTWARE COME ONLY TO THE EXPRESS EXTENT STATED IN THE APPLICABLE LICENSE AGREEMENT. ELEKTRON AG OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9 Copyright and Trademarks

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The copyright and all other proprietary rights in the Content and Website provided by ELEKTRON AG , its affiliates, subsidiaries and/or partners, the software used to operate and publish the Website, the compilation of data on the Website, and the order, sequence and arrangement of this Website are all owned by ELEKTRON AG and/or by its partners or licensors. All rights contained in the content and the website and not expressly granted are reserved.

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10 Ownership of the Website

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This Website is public by nature and any information submitted to it will be considered non-confidential. You acknowledge that the submission of any invention embedded in your User Content is a "publication" of that invention within the meaning of applicable patent law.

You acknowledge that any User Content submitted and/or discussed through the Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of ELEKTRON AG, its affiliates, subsidiaries, partners or third parties. If you are considering using any ideas, suggestions, proposals or solutions or other User Content submitted to the Site, you must first take all steps to verify the applicable intellectual property rights before proceeding down the path of any use.

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11 Indemnification and Hold Harmless

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You agree to indemnify and hold harmless ELEKTRON AG, its affiliates, subsidiaries, partners, suppliers and vendors, and their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any and all damages, liability, costs and expenses (including reasonable attorneys' fees, legal fees and costs of litigation) arising out of any posting, content or transmission by you of any message, data, material or other User Content you provide on the Site, or arising out of any breach by you of these Terms of Use. If a lawsuit or other legal action arises as a result of any User Content or message posted by you, ELEKTRON reserves the right to release your identity and any other information ELEKTRON has about you.

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If a dispute arises between you and one or more users, you agree to indemnify, hold harmless and hold harmless ELEKTRON AG, its affiliates, subsidiaries, partners, suppliers and vendors, and their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against claims, demands and damages (direct and consequential) of every kind and nature, whether known or as yet unknown, relating in any way to such dispute.

12 Website Failure

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We may shut down the Website, or any part thereof, at any time without notice or reason. We are neither responsible nor liable for any failed saves or deletions of Content and/or User Content submitted to the Website.

13 Products.

13 Products of ELEKTRON

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The Site may contain references to specific products and services of ELEKTRON that are not (immediately) available in a particular country. Such reference does not imply or warrant that such products or services will be available at any time in any particular country. For further information, please contact your ELEKTRON representative.

14 Dispute Resolution

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These Terms of Use are governed by Austrian law . You accept the non-exclusive jurisdiction of the courts of Vienna in Austria over any dispute, action or claim arising out of, relating to or in connection with these Terms of Use or your use of the Site, including disputes relating to the existence or validity of the Terms of Use, provided that you agree to submit any dispute, action or claim exclusively to the courts of Zurich in Switzerland.

These Terms of Use are governed by the laws of Austria.

15 Severability Clause

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If any provision of these Terms of Use is found to be invalid or unenforceable, such invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that reflects, as nearly as possible, the intent of the original provision and reinforces the remaining provisions.

16 No Waiver

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A failure on the part of ELEKTRON to enforce any part of these Terms of Use shall in no event constitute a waiver of any of ELEKTRON's rights under these Terms of Use, whether for past or future actions by any person. Neither the receipt of funds from ELEKTRON nor reliance by any person on the actions of ELEKTRON shall be construed as a waiver of any part of these Terms of Use. Only a specific waiver in writing and signed by a person authorized by ELEKTRON shall have legal value.

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17 Headings

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The section headings of these Terms of Use are inserted for convenience and are not an actual part of them. They in no way affect the meaning or interpretability of these Terms of Use.

Created April 2022

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ELEKTRON AG
Riedhofstrasse 11, CH-8804 Au ZH ("ELEKTRON"