General terms and Conditions for the free-of-charge download of software as provided via Fujitsu Technology Solutions portals

1. Scope of application, subject
These "General terms and conditions for the free-of-charge download of software as provided via Fujitsu Technology Solutions portals” ("Conditions") apply for the free-of-charge download of software from all Fujitsu Technology Solutions portals ("FTS"). The download products including updates, upgrades, patches etc. ("Software") provided by FTS have been carefully selected, made available and – insofar as they originate from Third Parties ("Licensors“) – transferred without any modifications. Any obligation on the part of FTS to offer free-of-charge Software or to provide free-of-charge any updates or upgrades etc. is herewith not established. Each Software package offered for free-of-charge download can be withdrawn by FTS at any time without giving any reason. 

2. Scope of use
In downloading the Software the respective person carrying out the download ("User“) is given the non-exclusive right to use the Software without any modifications on that person's own system unit. Unless stipulated otherwise by mandatory law, the User is forbidden to carry out any of the following activities: modify or supplement the Software, reverse-engineer, compile or rework in any manner whatsoever, nor may any program parts be removed. If the Software originates from Licensors, the User in downloading the Software shall be obliged to adhere to the full scope of the respective conditions as defined by the Licensor. If copying the Software is allowed, the User must also copy the alphanumeric IDs, meta data, trademarks and copyright details etc. without making any changes. 

3. Right to use
All rights covering the Software, in particular, all copyright, patent and trademark rights remain the property of FTS or the respective Licensors. These rights are not transferred to the User in any manner whatsoever as a result of downloading the Software. Usage is only permitted with the approval of FTS or the respective owner of the Software rights. Any infringements will be prosecuted according to civil and criminal law. The User may only provide or make accessible the Software to Third Parties if the Third Party has explicitly agreed to adhere to these Conditions. The same applies when transferring the right to use the Software to a Third Party.

The right of the User to use the Software automatically and immediately expires if the User contravenes these Conditions in any form. 

4. Software deficiencies
Unless otherwise explicitly specified by FTS when downloading the Software, FTS shall provide the Software free-of-charge and only in the state provided for the download and without any explicit or indirect assurance of specific features (e.g. a certain specification etc.). Unless binding legal requirements state otherwise, FTS does not accept any liability for any type of deficiency, unless the deficiency has been caused by FTS with intent or gross negligence or fraudulently concealed. FTS is not liable in particular for any transmission errors and/or data exchange faults that occur during the download, e.g. network failure or interruptions, server failures, data corruption or similar. 

5. Liability
When downloading the Software the User does so at the User's own risk. 

FTS accepts no responsibility whatsoever that the Software and/or documentation can be used or downloaded at the User's location or that the Software and/or documentation may be downloaded at the User's location. The User is solely responsible for the adherence to the applicable national law and respective regulations. The User is specifically and exclusively responsible for ensuring that the Software can be used for the User's purposes as well as for its compatibility with other systems. Should the act of downloading the Software contravene any respective legal requirements, the download of the Software and/or documentation is explicitly forbidden. FTS does not assume any liability for any damages to the User which arises directly or indirectly from downloading the Software, unless FTS has caused the damage with intent or through gross negligence. In particular, FTS assumes no responsibility for any damage that occurs in conjunction with the User not creating a daily data backup in a suitable form or for ensuring by other means that there is an immediate low-priced data recovery. FTS does not pay any costs accrued in recovering lost data and information.

Any claims of the User against FTS that go beyond those explicitly defined in these Conditions are excluded, irrespective of the legal basis on which they arise, in particular due to operational interruption, lost profit, lost information and data etc. or consequential harm caused by a defect.

Apart from that FTS shall only be responsible for that degree of care which FTS itself applies to its own affairs of a corresponding nature. 

The aforementioned restriction of FTS liability does not apply if it contravenes binding legal requirements.

6. Export and import regulations, person-related User data

The User is obliged to observe the existing export regulations as defined by German and EU law as well as the import regulations of the respective third countries. The download of Software is in particular not permitted if the Software is subject to an export ban, for example for natural or legal persons that may not be supplied or for any unlawful purposes. If the User would like to download Software from an FTS portal, it is urgently recommended that such Users extensively read the valid information about the restrictions before downloading. The Software is in part also subject to the laws of the United States of America ("USA“). The above states that Software may not be downloaded in those countries where the US government has issued an embargo. Additional restrictions regarding the download of Software can exist in other countries as defined in their respective regulations.

In downloading or any other use of the Software the User agrees and ensures that he (i) does not download the Software or parts thereof ("Restricted Components“) in any country nor uses the Software in any country that is subject to export restrictions, (ii) does not provide the Software or Restricted Components via export to any natural or legal persons contrary to the valid regulations, and also that (iii) neither the Federal Office of Economic and Export Control nor any other authority has forbidden the User to download and/or export the Software. The User agrees in particular not to make the downloaded Software accessible for any person, where it is known or assumed that the Software or Restricted Components is or will be used by such persons for any weaponry purposes or to design, develop or produce nuclear, chemical or biological weapons or otherwise in conjunction with such weapons or rockets for such weapons, or for any natural or legal person who have been forbidden to take part in export transactions. In downloading or any other use of the Software the User also agrees and ensures that he is not a resident in a country declared by the USA as an embargo country, that he is not a citizen or inhabitant of such a country nor on any list of persons who may not be supplied by any means according to USA jurisdiction.

Downloading the Software is strictly forbidden if this would result in any violations against the respective export or import regulations. In such situations in particular, FTS is not obliged to offer the Software for download.

The respective export and import restrictions could specify that FTS must record, save, process or forward specific personal data of the User (e.g. forename, surname, IP address etc.) to a third party (e.g. if an authority requests for respective information). The personal data in question is only recorded and saved if high encryption software is downloaded. The User explicitly agrees to the above by downloading the Software. 

7. Miscellaneous
If any provision in these Conditions is wholly or partially invalid, this is to have no impact on the validity of the other provisions, unless adherence thereto, while also observing the other legal regulations, represents unreasonable hardship. 

German law applies. The court of jurisdiction is Munich if such a place of jurisdiction may be agreed with the User.