Agreement on the use of product information & software

On this website – after clicking the “I agree to the terms” checkbox – you may access and/or download certain product related information such as data sheets, application notes, user manuals, product selection guides, e-learning-files, etc. (hereinafter referred to as “Product Information”) as well as certain software, including updates, upgrades, and example code (hereinafter referred to as “Software”). IAC Geometrische Ingenieurs B.V. offers all such Product Information and Software subject to the restrictions set forth under the terms hereinafter. To accept these terms, click the “I agree to the terms” check button. Clicking the I agree to the terms box means that you agree to the terms. If you do not agree to these terms, unselect I agree to the terms” or “close the page” .

1.1  By using the Software, you agree to be bound by the terms and conditions of the Software License Agreement, which is included in the download package. If you do not agree to all terms and conditions of this Software License Agreement you shall not use the Software but immediately delete it.

1.2  Any Product Information and Software disclosed to you after clicking the “Accept & Open” button is confidential information of or made available by IAC Geometrische Ingenieurs B.V. and shall (a) be used and copied by you only for deciding on the purchase of the respective product, its evaluation or application, (b) not be distributed, disclosed, or disseminated in any way or form by you to anyone except your employees contractors or customers, provided they have a reasonable need to know such confidential information for the purpose of (a) and are bound to confidentiality by their agreements or otherwise not less stringent than under the obligations of these terms; and (c) be treated by you with the same degree of care to avoid unauthorized disclosure to any third party as with respect to your own confidential information of like importance but with no less than reasonable care.

1.3  The obligations as per Section 1.2 shall not apply to any Product Information and Software which you can prove, (a) is at the time of disclosure already in the public domain or becomes available to the public through no breach by you, except that such information shall not be deemed to be in the public domain merely because a part of the Product Information and Software is embodied in general disclosures or because individual features, components or combinations thereof are now or become known to the public; (b) is received by you from a third party free to lawfully disclose such information to you; (c) was in your lawful possession prior to the disclosure hereunder as evidenced by you; (d) is independently developed by you without the benefit of any of such Product Information and Software as evidenced by you; (e) is required to be disclosed to comply with legal mandatory regulations, a judicial or official order or decree, provided that written advance notice of such judicial action was timely given to IAC Geometrische Ingenieurs B.V..

1.4  In no event the Product Information and Software or parts hereof shall be regarded as guarantee of conditions or characteristics (“Beschaffenheitsgarantie”). Except as specifically specified otherwise in the applicable terms of product purchase and delivery, the Product Information and Software or any part thereof may also not be regarded as a warranty of any kind. No liability of any kind shall be assumed by Infineon with respect to Product Information and Software or any use made by you thereof, nor shall Infineon indemnify you against or be liable for any third party claims with respect to such information and software or any use thereof.

This Agreement shall be subject to the substantive law in force in The Netherlands without reference to its conflicts of law provisions. Exclusive place of jurisdiction shall be The Hague, The Netherlands, unless mandatory law provides otherwise.