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Terms of Use

(as of August 2003)

 1. Scope

Any use of this web site provided by DKS Dienstleistungsgesellschaft für Kommunikations-anlagen des Stadt- und Regionalverkehrs mbH - and/or its affiliates ("DKS"), "DKS Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the DKS Web Site these Terms of Use are accepted in their then cur-rent version.

1.2 If the User uses this DKS Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

2. Services

2.1 This DKS Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. 

2.2 DKS may stop the operation of the DKS Web Site in full or in part at any time. Due to the nature of the internet and computer systems, DKS cannot accept any liability for the continuous availability of the DKS Web Site. 

3. Registration, Password

 3.1 Some pages of the DKS Web Site may be password protected. In the interest of safety and          security of the business transactions, only registered Users may access said pages. DKS reserves the right to deny registration to any User. DKS particularly reserves the right to             determine certain sites, which were previously freely accessible, subject to registration. DKS      is entitled, at any time and without obligation to give reasons, to deny the User the right to           access the password-protected area by blocking its User Data (as de-fined below), in   particular if the User

· uses false data for the purpose of registration;

· violates these Terms of Use or neglects its duty of care with regard to User Data;

· violates any applicable laws in the access to or use of the DKS Web Site; or

· did not use the DKS Web Site for a longer period.

3.2 For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to DKS, is current at all times and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password        received from DKS into a password known only to the User. The User Data allows the User to   view or change its data or, as applicable, to withdraw its consent to data processing.

3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online  session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify DKS thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, DKS will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to DKS or upon new registration.

3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event DKS   will remove all user data and other stored personally identifiable data of the User as soon as   these data is no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation made available on or via this DKS Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with DKS. Separately agreed to license terms shall prevail over these Terms of Use.

4.2 DKS grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the DKS Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by DKS in making same available.

4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This   shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case DKS shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party     at any time nor may it be rented or in any other way made available. Unless such is allowedby ma ndatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the soft-ware or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use   in accordance with these Terms of Use.

4.5 The information, software and documentation are protected by copyright laws as well as   international copy-right treaties as well as 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.

4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

5.         Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the DKS Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of DKS.

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6.         Duties of the User

6.1 In accessing or using the DKS Web Site the User shall not

· harm other persons, in particular minors, or infringe their personal rights;

· breach public morality in its 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; or

· distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2 DKS may deny access to the DKS Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7.         Hyperlinks

The DKS Web Site may contain hyperlinks to the web pages of third parties. DKS 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, as DKS 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.

8.         Liability for defects of title or quality

8.1. Insofar as any information, software or documentation is made available at no cost, any   liability for defects as to quality or title of the information, software and documentation    especially in relation to the correctness or absence of defects or the absence of claims or      third party rights or in relation to completeness and/or fitness for purpose are excluded except     for cases involving willful misconduct or fraud.

8.2 The information on the DKS 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 in each case at the time of purchase.

9.         Other Liability, Viruses

9.1 The liability of DKS for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of DKS is excluded   unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental     contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.2 Although DKS makes every endeavor to keep the DKS Web Site free from viruses, DKS   cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the  necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

10.       Export Controls

10.1 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 with the export regulations for in-formation, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. DKS shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.

10.2 The User shall particularly check and verify that

· the information, software and documentation shall not be used for any purpose related     to armaments, nuclear technology or weapons;

· no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, soft-ware or technology of U.S. origin;

· no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license;    and

· no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;

· no military consignees shall be supplied;

· the early warning instructions of the respective German authorities shall be observed.

Access to software, documentation and information on the DKS Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, DKS shall not be obliged to perform.

10.3 Upon request DKS shall inform the User of the relevant contact points for further information.

11.       Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the DKS Web Site, DKS shall comply with applicable laws on data privacy protection and the DKS Web Site Data Protection Privacy Policy, which is available per hyperlink on the DKS Web Site and/or on

12.       Supplementary Agreements, Place of Jurisdiction, Applicable Law

Any supplementary agreement requires the written form.

12.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

12.3 The individual pages of the DKS Web Site are operated and administered by DKS Dienstleistungsgesellschaft für Kommunikationsanlagen des Stadt- und Regionalverkehrs mbH - and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. DKS makes no representation that information, software and/or documentation on the DKS Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access DKS Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to DKS Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with DKS, the User should contact the DKS representative for the particular country for country specific business.

12.4 These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.