Terms of Use

1. Scope

1.1 Any use of the LUMINENT Web Site (“Web Site”) by a consumer or a trader (“User”) provided by OSRAM GmbH and/or its subsidiaries (“OSRAM”) is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. Log-ins to this Web Site or, where a log-in is not required, accessing or using this Web Site, signifies acceptance of these Terms of Use in their then current version.
1.2 A consumer pursuant to these Terms of Use is any person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms of Use is any person acting for purposes relating to that person’s trade, business, craft of profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2. Services

The Web Site is meant to provide information on LUMINENTuminent products and shall enable Users to share their experience and knowhow gained when installing LUMINENTuminent products. To this end, the Web Site contains  informational pages and related documentation which can be viewed and downloaded.

3. Registration, Password

3.1 Some pages of the Web Site may be password protected. In the interests of safety and security of business transactions, only registered Users are permitted to access such pages. OSRAM reserves the right to deny registration to any User. OSRAM particularly reserves the right to demand Users to  register for pages which were previously freely accessible. OSRAM 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 his/her User data (as defined below), in particular if the User
• provides incorrect data for the purpose of registration;
• violates these Terms of Use or neglects to exercise sufficient care in handling his or her User data;
• violates any applicable laws in accessing or using the Wweb Ssite; and/or
• did not use the web site for a longer period of time.

3.2 During registration, the User shall give accurate information, and, where such information changes in the course of time, shall update this information (online, to the extent possible) without undue delay. The User shall ensure that his or her e-mail address, as supplied to OSRAM, is updated at all times and is 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”). At the first logon, the User shall change the password provided by OSRAM into a password known only to the User. User Data allow the User to view or change his or her own data or to withdraw or grant consent to the processing of his or her data.
3.4 The User shall ensure that User Data are not accessible to third parties. He/she is liable for all transactions and other activities carried out under his or her User Data. At the end of each online session, the User shall log-off from the password protected area. If, and to the extent, the User becomes aware that third parties are misusing his/ or her User data, the User shall notify OSRAM thereof without undue delay in writing, as well as by immediate e-mail where applicable.
3.5 After receipt of the notification referred to in section 3.4, OSRAM 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 OSRAM or upon new registration.
3.6 The User may at any time request termination of his/ or her registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such an event, OSRAM will delete all User Data and any other personal data related to the User as soon as this data is no longer needed.

4. Rights of Use for Information, Software and Documentation

4.1 OSRAM grants the User a non-exclusive and non-transferable right to use the information made available to the User on the Web Site to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by OSRAM in making the same available, provided none of the restrictions in section 65 apply.
4.2 The information is protected by copyright laws as well as international copyright treaties and 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.

5. Intellectual Property

5.1 The materials provided on the Web Site, including all content, information, photographs, illustrations, graphics, names, trademarks and logos, are the property of OSRAM or its licensors and are protected by copyright and trademark laws and other intellectual property rights.  Notwithstanding the particular provisions in section 4 of these Terms of Use with regard to  information made available to the User, the contents of the Web Site as described above may not be changed, copied, reproduced, sold, rented, used, supplemented or utilized in any other way without the prior written permission of OSRAM.
5.2 Nothing contained in the above shall be construed as granting any license or right to use any patent, trademark or any other intellectual property right except if expressly stated. Nor does it grant any license or rights to use any copyrights or other rights related to the materials described above.
5.3 The word and device trademark LUMINENT, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM or its licensors. Eventually, registrations have not yet taken place in all relevant countries.
5.4 Use of these names and trademarks requires OSRAM’s express permission. The use of the name OSRAM or LUMINENT as a reference is permitted, e.g. for a link to this web site. OSRAM must receive prior notification of such use.

6. Duties of the User

6.1 In accessing or using the Web Site, the User shall not:
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in his/ or her 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;
• make available information, software and documentation to third parties against payment or free of charge;
• 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;
• distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material;
• solicit participation in any lottery, snowball system, chain letter, pyramid game or similar activity; and/or
• take or take part in any other immoral or illicit activity.

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

7. Hyperlinks

The Web Site may contain hyperlinks to the web pages of third parties. OSRAM shall bear 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. OSRAM does not control the information about 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

OSRAM shall be liable to the User for claims of liability for any contractual and quasi contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
8.1 OSRAM shall face unlimited liability regardless of the legal ground
•  in case of intent or gross negligence;
•  in case of injuries of life, body or health resulting from intent or negligence;
•  in case of a promise of guarantee, unless otherwise provided; and
•  in case of liability resulting from statutory provisions such as the product liability law.

8.2 In case OSRAM negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned paragraph. Essential significant contractual obligations are obligations the contract imposes on OSRAM according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the User can regularly rely (e.g. delivery of the agreed products with the agreed characteristics, respectively the characteristics stated in the specifications, in due time and suitability of those products for the agreed purpose, respectively the purpose stated in the product description).
8.3 The aforementioned provisions on liability apply also to OSRAM’s liability regarding his legal representatives and vicarious agents.
8.4 The information on the 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). OSRAM shall bear no liability for ensuring that those specifications or descriptions will always be available.
8.5 Liability due to technically conditioned failures, data losses, interrupted data transmissions or other problems and damages for which OSRAM is not responsible, is excluded. OSRAM is not liable for damages caused by the disruption of his business or the operation of his online service due to force majeure, riot, war or natural phenomena or due to other events for which he cannot be held responsible such as strike, lock-out, traffic disruption, acts of authorities at home or abroad or due to non-culpably caused technical problems. This applies also to failures caused by third parties commissioned by OSRAM.
8.6  OSRAM reserves the right to cease operation of the LUMINENT Web Site, in part or in its entirety, at any time.
8.7 The individual pages of the Web Site are operated and administered by OSRAM and/or its subsidiaries and/or its affiliates. The Web Site is governed by  German law. OSRAM bears no responsibility for the fact that said information, software and/or documentation on the Web Site can be viewed or downloaded at locations outside Germany. If Users access the Web Site from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to the Web Site’s information from countries where such content is unlawful is prohibited. In such cases, and where the User wishes to enter into a business relationship with OSRAM, the User is asked to contact the OSRAM representative in the respective country, or if there is no representative in the respective country, to contact OSRAM directly.

9. Viruses

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

10. Exemption from liability

The User will exempt OSRAM from all claims by other users or third parties that may be asserted against OSRAM on the grounds that their rights have been infringed due to contents placed by the User or due to any other usage of the Web Site. The User shall bear the costs incurred by the necessary legal defense including all court and lawyer’s fees to a reasonable amount. This does not apply, if the User is not responsible for the infringement of rights. In case of claims asserted by third parties, the User is obliged to provide OSRAM immediately, truthfully and completely with all information that is required for a claim check and for its defense.

11. Export Controls

The export of certain information, data or applications may be subject to special provisions, in particular export regulations. The User shall strictly conform to export regulations for information, software and documentation, in particular to those of the EU as well as individual EU member states and the USA. OSRAM will label such information, software and documentation subject to export regulations in accordance with German and EU export control lists and  U.S. Commerce Control List.

12. Data Privacy Protection

For collecting, using and processing personal data Users using this Web Site, OSRAM complies with applicable laws on protection of data privacy. The OSRAM data privacy protection policy is available on the Web Site under Privacy Policy.

13. Supplementary Agreements, Place of Jurisdiction, Applicable Law

13.1 Any supplementary agreement must be made in writing. This formal requirement can only be waived in writing.
13.2 If the User acts as a  trader, a legal entity under public law or special fund under public law with their seat in the territory of the Federal Republic of Germany, the exclusive venue for all disputes arising from these terms of use shall be OSRAM’s place of business. If the User has his place of business outside the territory of the Federal Republic of Germany, OSRAM’s place of business shall be the exclusive venue for all disputes arising from this contract, in case the contract or claims arising from the contract can be attributed to the professional or commercial activity of the User. However, in the above cases, OSRAM is entitled in any case to bring proceedings in the court at the place of business of the User.
13.3 These Terms of Use shall be governed by German law. The application of the German Uniform Code on the Formation of Contracts for the International Sale of Movable Goods of 17 July 1973 and the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 are excluded.

14. Alternative Dispute Resolution

14.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from service contracts concluded between consumers and OSRAM.
14.2 OSRAM is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity