Terms of Use for the Heraeus Media Database

The use of the media data of Heraeus Holding GmbH, Heraeusstr. 12-14, 63450 Hanau, Germany (hereinafter referred to as “Heraeus”) is subject to the following terms and conditions of use:

1. Contents of the Heraeus Media Database

1.1 The Heraeus Media Database is a database with various digital documents protected under copyright law. In particular, the database contains photographs of products and/or persons, graphical representations, presentations, product information, logos, videos, and texts.

1.2 Heraeus may modify the contents of the Media Database at any time and edit or delete some or all contents. Users are not entitled to access to certain contents. Heraeus may close the Media Database at any time without providing reasons, particularly to perform maintenance work or make technical changes.

2. Rights of Use

2.1 Rights of Use of Heraeus Employees

Employees of Heraeus and employees of affiliated companies of Heraeus in which Heraeus directly or indirectly holds at least 50 percent of the shares (hereinafter referred to as “Employees”) may use the Media Data, within the scope of their work for Heraeus, internally and for promotional purposes, e.g. for presentations, reports, and other graphical representations.

2.2 Rights of Use of Third Parties

Third parties outside the Heraeus Group may use the Media Data exclusively for the purpose of press coverage and news releases regarding Heraeus or affiliated companies of Heraeus (hereinafter referred to as “Press Coverage”). Further rights of use, in particular regarding a commercial use, shall only be granted on the basis of separate written agreements between Heraeus and the third party. If you would like to use the Media Data for any other purpose than Press Coverage, please contact your customer support.

2.3 In case the Media Data is used for promotional campaigns, the applicable competition law must be complied with. In particular, the promoted product must be clearly named with the name of the manufacturer and with the correct identification. Misleading descriptions of the manufacturer or the product must be avoided.

2.4 The rights of use granted under Article 2.1 and 2.2 above are free of charge, non-exclusive, non-transferable and revocable at any time.

2.5 Above and beyond the rights of use expressly granted hereunder, no further rights are granted. In particular, the Media Data must not be passed on to third parties or be duplicated. The Media Data may not be altered or combined with other content.

3. Copyright Details

3.1 Every use of Media Data for Press Coverage is subject to identification of Heraeus as originator.

3.2 The copyright details given by Heraeus must be included and mentioned in the usual form whenever the Media Data are published in Press Coverage or promotional campaigns.

3.3 If the Media Data is used for Press Coverage, the user must transmit a copy of the report to Heraeus free of charge immediately after it is published, indicating which Media Data was used. If it was published only in digital form, the user must prepare one or several screenshots of the report and send it to Heraeus, including the URL of the report.

4. Liability of Heraeus

4.1 Heraeus bears unrestricted liability in cases of culpable injury to life, limb or health, in the event of claims founded in product liability law, and in cases of any other willful or grossly negligent breach of duty. Heraeus is liable for petty or normal negligence and any property damage or pecuniary losses only in the event of a breach of material contractual duties, fulfillment of which the customer particularly relies, limited, however, to damage foreseeable on entry into the contract and typical of contracts. Any further liability in the event of a claim for damages is excluded, irrespective of the legal nature of the claim being pursued.

4.2 The above limitations of liability also apply in their cause and amount in favor of the legal representatives, employees, and other vicarious agents of Heraeus.

5. Final Provisions

Should any provision of these terms of use be or become ineffective or impracticable, the remaining provisions shall remain unaffected. This shall apply likewise in the event that the terms of use contain a loophole. The ineffective or impracticable provision or loophole shall be replaced with that legal and practicable provision which, in the view of the parties, most closely approaches the pecuniary intent and purpose of the ineffective or impracticable provision or loophole.

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