1.2. If, when using the IKON website, the user acts as or for a company, ie in the exercise of a commercial or independent professional activity, or for a public corporation, Section 312i Paragraph 1 Clause 1 No. 1 – 3 of the German Civil Code does not apply Use.
1.3. In the case of web offers that are aimed at companies or public corporations, the respective company or corporation is represented by the user and must be attributed to his actions and knowledge.
2.1. IKON offers on the IKON website contains specific information and software, including documentation, for viewing or downloading.
2.2. IKON is entitled to cease operation of the IKON website in whole or in part at any time . Due to the nature of the internet and computer systems, IKON does not guarantee the uninterrupted availability of the IKON website
3.1. Some pages on the IKON website may be password-protected. In the interests of business security, access to these pages is only possible for registered users. There is no entitlement to registration by IKON . In particular, IKON reserves the right to subject previously freely accessible websites to a registration requirement. IKON is entitled at any time to revoke the access authorization by blocking the access data without having to give reasons, in particular if the user
has provided false information for registration,
has violated these conditions or his duty of care when handling the access data,
has violated applicable law when accessing or using the IKON website or
has not used the IKON website for a longer period of time.
3.2. If registration is planned, the user is obliged to provide truthful information for registration and to notify IKON immediately of any subsequent changes (if provided: online). The user will ensure that he receives the emails that are sent to the email address given by him.
3.3. After registration, the user receives a username and password (hereinafter also: “user data”). When accessing the website for the first time, the user will change the password sent by IKON to a password known only to him. The user data enables the user to view and change his data or, if necessary, to revoke or extend the consent given to data processing.
3.4. The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities made under the user data. The password-protected area must be left after each use. If the user becomes aware that third parties are misusing the user data, he is obliged to inform IKON immediately in writing, if necessary in advance by simple e-mail.
3.5. Upon receipt of the notification in accordance with Section 3.4, IKON will block access to the password-protected area with this user data. The block can only be lifted after a separate application by the user to IKON or after a new registration.
3.6. The user can request the deletion of his registration at any time in writing, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, IKON will delete all user data and all other stored personal data of the user as soon as they are no longer required.
- Rights to use information, software and documentation
4.1. The use of the information, software and documentation made available on the IKON website is subject to these conditions or, in the case of updates to information, software or documentation, to the relevant license conditions previously agreed with IKON . Separately agreed license conditions, e.g. when downloading software, take precedence over these conditions.
4.2. IKON grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the IKON website to the extent agreed or, if nothing has been agreed, to the extent that it was made available and made available IKON corresponds to the purpose pursued.
4.3. Software is provided free of charge in machine-readable form. There is no entitlement to the release of the source code. This does not apply to source codes of open source software, the license terms of which take precedence over these conditions when open source software is passed on and which prescribe the source code to be released. In this case, IKON will provide the source code against reimbursement of costs.
4.5. The information, software, and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements relating to intellectual property. The user will observe these rights, in particular remove alphanumeric identifiers, trademarks and copyright notices from the information, from the software, from the documentation or from copies thereof.
4.6. The rest of Sections 69a ff. Of the Copyright Act remain unaffected.
- Intellectual property
5.2. Apart from the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular to the company name and industrial property rights such as patents, utility models or trademarks, nor does IKON have a corresponding obligation to grant such rights.
5.3. Insofar as the user posts ideas and suggestions on the IKON websites, IKON may use them free of charge for the development, improvement and sale of the products from its portfolio.
- User Obligations
6.1. The user may not use the IKON website
violate morality with his usage behavior;
violate industrial property rights, copyrights or other property rights;
Transmit content with viruses, so-called Trojan horses or other programming that can damage software;
Enter, save or send hyperlinks or content to which he is not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; or
Disseminate advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, malfunctions and the like, or encourage participation in competitions, pyramid schemes, chain letters, pyramid schemes and similar campaigns.
6.2. IKON may block access to the IKON website at any time, especially if the user violates his obligations under these terms and conditions.
The IKON website may contain hyperlinks to third party websites. IKON assumes no responsibility for the content of these websites, nor does IKON adopt these websites and their content as its own, as IKON does not control the linked information and is also not responsible for the content and information provided there. Their use is at the user’s own risk.
- Liability for material and legal defects
8.1. If information, software or documentation is provided free of charge, liability is assumed for material and legal defects in the information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and / or usability – except in the case of intent or Malice – excluded.
8.2. The information on the IKON website can contain specifications or general descriptions of the technical possibilities of products, which do not always have to be available in individual cases (e.g. due to product changes). The desired performance features of the products are therefore to be agreed on a case-by-case basis when purchasing.
- Other liability, fours
9.2. Although IKON always endeavors to keep the IKON website virus-free, IKON does not guarantee that it is virus-free . Before downloading information, software and documentation, the user must ensure that appropriate security devices and virus scanners are in place on the IKON website for their own protection and to prevent viruses .
9.3. A change in the burden of proof to the detriment of the user is not associated with the above provisions in Sections 9.1 and 9.2.
- Compliance with export control regulations
10.1. When passing on the information, software and documentation provided by IKON to third parties, the user must comply with the applicable provisions of national and international (re-) export control law. In any case, he must observe the (re-) export control regulations of Switzerland, the European Union and the United States of America when passing it on.
10.2. Before such disclosure, the user will in particular check and take suitable measures to ensure that
not through such disclosure to third parties or through the provision of other economic resources in connection with information, software and documentation provided by IKON against an embargo of the European Union, the United States of America and / or the United Nations – also taking into account any restrictions for domestic transactions and any prohibition of circumvention – violates;
such information, software and documentation provided by IKON are not intended for a prohibited or licensing-related, armament-related, nuclear or weapon-related use, unless any necessary licenses have been obtained;
the regulations of all relevant sanction lists of the European Union and the United States of America with regard to business dealings with companies, persons or organizations named there are complied with.
10.3. If it is necessary to carry out export control checks by authorities or by IKON , the user will immediately provide IKON with all information about the end recipient, the final destination and the intended use of the information, software and documentation provided by IKON as well as the export control restrictions applicable in this regard.
10.4. The user shall IKON against all claims made by authorities or other third parties IKON be made due to the non-observance of the above export control legal obligations by the user freely in full and agrees to reimburse all IKON caused in connection with damages and expenses, be it because, the user is not responsible for the breach of duty. This does not entail a reversal of the burden of proof.
10.5. The fulfillment of the contract on the part of IKON is subject to the condition that there are no obstacles to fulfillment due to national or international regulations of foreign trade law and no embargoes and / or other sanctions.
- Data protection
- Subsidiary agreements, place of jurisdiction, applicable law
12.1. Subsidiary agreements must be made in writing.
12.2. If the user is a merchant within the meaning of the Commercial Code, the place of jurisdiction is Zurich.
12.3. The individual pages of the IKON website are operated and responsible for IKON Aktiengesellschaft and / or its subsidiaries. The pages take into account the requirements of the respective country in which the responsible company is based. IKON assumes no responsibility for the fact that information, software and / or documentation from the IKON website may also be accessed or downloaded in locations outside the country concerned. If users access the IKON website from locations outside the country concerned , they are solely responsible for compliance with the relevant regulations under the respective national law. Access to information, software and / or documentation on the IKON website from countries in which this access is illegal is not permitted. In this case and if the user would like to enter into a business relationship with IKON , the user should contact IKON representatives in the respective country.
12.4. Swiss law applies to the exclusion of the UN sales law.