TERMS OF USE

Copyrights

Copyright Daimler. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on Daimler Internet sites are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to Web sites other than for editorial purposes. Some Daimler Internet sites also contain images that are subject to the copyright rights of their providers.

Trademarks

Unless otherwise indicated, all marks displayed on Daimler Internet sites are subject to the trademark rights of Daimler, including each of Daimler's primary brands (Mercedes-Benz, Smart, Sterling, Freightliner, Setra), its model name plates, and its corporate logos and emblems.

No Warranties or Representations

This information is provided by Daimler "as is" and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

No Licenses

Daimler has sought to achieve an innovative and informative Internet site. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that Daimler must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that no license to Daimler's intellectual property has been granted by this Internet site.

GENERAL TERMS AND CONDITIONS OF DELIVERY AND BUSINESS

§ 1 General

Par. 1. Unless otherwise stated, all media on the web pages offered here are protected by copyright.

Par. 2. The following GTAC apply to all offers, deliveries and services made or performed here.

Par. 3. The present GTAC shall be deemed agreed on calling up these web pages, at the latest, however, upon receipt of a medium in any form whatsoever.

Par. 4. A user's terms and conditions of business in deviation hereto shall acquire no validity unless the respective copyright holder acknowledges them in writing.

Par. 5. Within the scope of an on-going business relationship, the present GTAC shall apply to all future offers, deliveries and services from the respective copyright holder, even without express reference thereto, until revoked by the operator.

Par. 6. Access to these web pages is provided via an anonymous guest access or by entering a registered user/password combination. Disclosure of the password to third parties is prohibited.

Par. 7. The use of the media offered on these web pages is permitted exclusively to end-users. The further exploitation of the media by agencies or the like is prohibited unless written approval has been given. Besides the free utilization permitted to end-users, the picture material may also be used by anyone who publishes these pictures by order of DaimlerChrysler for promotional purposes.

Par. 8. Fees for the use of the offered media will be calculated, where applicable, on the basis of the services provided, and shown in the order.

§ 2 The Provided Media Material

Par. 1. The present GTAC apply to any media material made accessible to the user via these web pages.

Par. 2. The customer acknowledges that the media material provided by the copyright holder is a work in the meaning of Article 2 Par.1 Clause 5 UrhG (law on copyrights).

Par. 3. The provided media material shall always remain the property of the respective copyright holder, save as provided in any supplementary agreements that may be made.

Par. 4. It is prohibited to pass the media material on to third parties unless this is for the purpose of looking through it, selection and technical processing by the customer in the course of its business activities.

§ 3 Utilization Rights

Par. 1. As a rule, the customer shall acquire a non-exclusive utilization right for once-only use unless otherwise stated.

Par. 2. No commercial use of any kind whatsoever, irrespective of the type of use and the type of medium in question, is permitted without the prior, express, written consent of the respective copyright holder. The operator of the present web pages shall not be held liable for third-party claims on grounds of a prohibited form of use, in particular for advertising purposes. Responsibility for this lies solely with the user who shall save the operator of these web pages and the copyright holder harmless from such third-party claims. This shall apply in particular to claims under the "privilege as to one's own image " and to claims arising from invasion of the privacy of the person or persons shown.

Par. 3. Exclusive utilization rights, exclusive rights with respect to particular media or areas, or blocking periods require an express prior agreement and shall be subject to a surcharge in addition to the respective basic fee.

Par. 4. Any use, exploitation, copying, distribution or publication over and above one-time use shall also be subject to a fee, and shall require the prior express consent of the respective copyright holder. This applies in particular to: - second exploitation, or second publication, - any editing, change or redesigning of the media material, - any duplication or use of the media on data media - any inclusion of the media in the internet or in online databases, the forwarding of the media material by means of electronic data transmission or on data media such as are suitable for public reproduction on displays or for making hard copies.

Par. 5. Any change to the media material for the purpose of creating a new work protected by copyright shall be permitted solely with the prior written consent of the respective copyright holder, and only if it is marked with an [M].

Par. 6. The user shall comply with the principles of publication issued by the Deutscher Presserat (the Press Code). The user shall bear responsibility for any captions. The operator of these web pages and the copyright holder accept no responsibility for any invasion of personal privacy or infringement of copyright in breach of agreement or for a use which distorts the meaning of images or texts. In cases of infringements of such rights, the user alone shall be held responsible and liable for damages which may be due to any third parties.

Par. 7. The user has no right to assign the utilization rights granted to it to third parties - including subsidiaries and associated companies - either wholly or in part.

Par. 8. Use of the media material is permitted only if the copyright symbol is clearly visible and, if possible, shows the name of the operator of these web pages. Prior to issuing any publication, the respective copyright holder is to be sent a courtesy copy free of charge without having to request it.

§ 4 Fees

Par. 1. Any fees for publication will be determined on the basis of the currently applicable list of fees. The fee is quoted exclusive of the applicable statutory value-added tax. In cases of doubt, the fee is to be agreed with the respective copyright holder.

Par. 2. Every user of these web pages shall notify the respective copyright holder of the publication of a medium, and shall settle payments with it.

§ 5 Liability, Damages

Par. 1. For every unauthorized use, application , reproduction or passing on of the media material (i.e. such as have been made without the consent of the copyright holder), the user shall be liable to payment of an amount corresponding to ten times the utilization fee for each single case. The right to claim further damages is reserved.

Par. 2. In cases where the copyright symbol has been omitted, a surcharge of 100% of the utilization fee shall be paid.

Par. 3. Payments pursuant to Article 5 do not provide the basis for any utilization rights whatsoever.

§ 6 Court of Jurisdiction, Severability Clause

Par. 1. The laws of the Federal Republic of Germany shall be deemed the proper law of the present GTAC, and this also for deliveries abroad.

Par. 2. Collateral agreements to the present GTAC must be in writing in order to be enforceable.

Par. 3. The place of performance and the court of jurisdiction shall be the domicile of the respective copyright holder insofar as permitted by law.

Par. 4. Should one or several provisions of the present GTAC be void or unenforceable, this shall not affect the validity of the remaining provisions. The Parties shall replace the void provision with another effective provision which comes closest to fulfilling the economic and legal intention of the original provision.

Loading