pages under the URL http://www.melexis.be and http://www.melexis.com
(hereinafter „Website“) run by Melexis NV with registered
office at Rozendaalstraat 12, B-8900 Ieper, Belgium registered under
company number VAT BE 0435.604.729 and any of its subsidiaries (hereinafter
Through this Website, Melexis provides you with a
variety of resources, including software, technical specifications,
data sheets and all kind of product information as well as other
information and/or services related to Melexis products or services.
on this Website together apply to your access to, and use of, this
Website and constitute the entire agreement between Melexis and
you with respect to your use of this Website.
By accessing or using this Website in any way, including,
without limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Website, you accept and agree
before using this Website.
2.1 - The Website is open for use
2.2 - Melexis endeavors to diligently
support and maintain the Website. However, Melexis does not warrant
or guarantee that the Website is accessible at all times. Melexis
also does not warrant or guarantee that the Website is always up
to date and that the information on the Website is complete and
free from errors at all times. Delays, wording mistakes, omissions
and wrong information may occur.
2.3 - Melexis reserves the right to change these
at any time. This includes the right to claim fees for certain offers,
services and/or products on the Website or to no longer offer such
offers, services and/or products.
3. User’s Obligations
3.1 - You may not use the Website
in a manner that could damage, disable, overburden or impair any
Melexis server and/or server of its affiliates or the network connected
to these servers. You may not attempt to gain unauthorized access
to any websites, other accounts, computer systems or networks connected
to these Servers, through i.e. hacking, password mining or any other
3.2 - User activities that aim at
rendering the Website non-functional or at least obstruct the use
of the Website may be prosecuted on the basis of civil and criminal
4. User Content
4.1 - Any information, data, material
or other content (hereinafter “User Content”) that you
send to the Website will be deemed non-confidential and not protected
by law. By sending any User Content to Melexis you grant to Melexis
the right - without limitation as to territory, time and scope -
to use, reproduce, display, modify, incorporate, license and distribute
the User Content or to exploit the User Content in any other way
4.2 - In particular, you agree that
Melexis may use any ideas, concepts, techniques or other know-how
in User Content for any and all commercial and non-commercial purposes.
5. Layout of Website
All elements of the Melexis Website, including layout
and arrangement of the information, are protected by trademark law,
unfair competition and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from the Website
may be copied or retransmitted unless expressly permitted by Melexis.
6. Content available on this Website
6.1 - Subject to the limitation
of warranty and liability as set out down below, Melexis provides
you with product information, including but not limited to documentation,
technical specifications, data sheets and any supplements hereto
and with other non-product related documents in any form (collectively
"Documentation"). Documentation may also include marketing
information, order confirmation, volume of orders and order forecasts,
delivery information, open accounts and current payments, quality
reports and customer complaints, news, special reports and additional
information about Melexis which Melexis provides for your convenience.
6.2 - The Documentation made available
to download are subject to Melexis intellectual and other property
rights. Melexis hereby grants the user a non-exclusive, non-transferable,
revocable, limited right to download, use and copy (i.e. electronically
copy and print hard-copy excerpts) the Documentation for scientific
or educational purposes or in order to assess entering into any
business with Melexis, provided that
(1) the Melexis copyright notice appears in all copies
and that both the copyright notice and this permission notice appear,
Documentation will not be copied or posted on any network computer,
stored in a retrieval system or broadcasted in any media and
(3) no modifications to any Documentation is made.
6.3 - Any use of the Documentation
without the prior written consent of Melexis other than the one
set forth in clause 6.2 is expressly forbidden.
7. Forums/Interactive Areas
7.1 - This Website may include discussion
forums or other interactive areas. You agree not to upload to, distribute
or otherwise publish through this Website any content which is unlawful,
defamatory, threatening, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable, or that would
constitute or encourage a criminal offense, violate the rights of
any party, or otherwise create liability or violate any national
or supranational law. On this Website you shall not, without the
express written approval of Melexis, distribute or publish promotions,
advertising or solicitations for funds, goods or services.
7.2 - You shall remain solely liable
for the content of any messages or other information posted by you
on this Website, and Melexis takes no responsibility and assumes
no liability for the content of posted or uploaded material.
7.3 - Melexis may, but is not obligated
to, monitor or review (i) any areas on the Website where users transmit
or post submissions, including but not limited to discussion forums
or other interactive areas and (ii) the substance of any submission.
Although it is not Melexis intention to do so, Melexis reserves
the right, in its sole discretion, to delete or remove submissions
or any other content available through forums or interactive areas
and to restrict, suspend, or terminate your access to all or part
of this Website, at any time without prior notice or liability.
In addition Melexis reserves the right, in its sole discretion,
to remove, edit or to block or restrict future access to any material
posted by you that is determined to be unlawful, harmful, offensive
or otherwise inappropriate.
The Website may contain hyperlinks respectively
links to websites of third parties. Melexis does not control the
content of these websites and is not liable for the content of such
websites of third parties. Also, Melexis does not adopt the content
of such websites of third parties and disclaims any liability for
them. The use of such websites of third parties is at the own risk
of the user.
9. Account password and security
9.1 - Some areas of this Website
and the materials, data and information provided thereon require
express authorization and account set-up by Melexis before you are
allowed to access, download or use. After registration and your
successful verification the Melexis site coordinator will decide
as it deems fit whether or not your account shall be activated.
9.2 - During the registration process some personal
information will be collected. By signing up, you accept the provision
your name, email address, zip code, company name, department, postal
address, country, phone and fax number. After signing-up a confirmation
e-mail with activation instructions will be automatically generated
and sent to you. Access is made available through a password and
a User ID. The password is initially mailed to you. You may change
it to your convenience, after you have logged in.
9.3 - You are not allowed to use
an account other than your own account at any time. You agree to
inform Melexis immediately of any unauthorized use of your account
or any other breach of security. Melexis will not be liable for
any loss that you may suffer as a result of someone else using your
password or account, either with or without your knowledge.
9.4 - However, you could be held
liable for losses incurred by Melexis or another party due to someone
else using your account or password. You shall ensure that your
user data is not accessible by third parties. In addition, you are
liable for all downloads, transactions and other activities carried
out under your account.
9.5 - Without limiting other remedies,
Melexis reserves the right to block or restrict access to and use
of the Website at any time and for any reason whatsoever in its
sole discretion. Upon such termination or suspension, your right
to use the limited access Website will immediately cease.
10. Data protection and privacy
10.1 - When you use the Website,
Melexis may track your visit to this Website and the use of services
provided thereunder. Melexis may collect certain technical and routing
information about your computer to facilitate your use of the Website
and its services. Further Melexis Web servers automatically log
your login, the IP/Internet address of your computer and record
all content that has been downloaded or otherwise transmitted to
or from your computer by filename, date and time of download (collectively
10.2 - Except as set forth in the
and Data will be deemed to be confidential and not disclosed to
any third party.
11. Warranty and liability
11.1 - This Website (including all
Documentation, content, services, functions and other materials
or information made available on or accessed through this Website
or any external website linked to this Website) are provided ’as
is’. Except as expressly warranted in any other applicable
license agreement, Melexis disclaims all warranties either express,
implied, statutory or otherwise including but not limited to the
merchantability, fitness for a particular purpose, title and non-infringement
with regard to the content of this Website or that the server that
makes this Website available is free of viruses or other components
that may infect, harm or cause damages to your computer equipment
or data when you access, download form or otherwise use this Website.
11.2 - Melexis shall in no event
be liable to the user of the Website for indirect, incidental, collateral
or consequential damages or losses such as harm to business, loss
of revenues, loss of anticipated savings or lost profits, whether
or not foreseeable.
to the laws of Belgium with the exception of the United Nations
Convention on the International Sale of Goods (CISG).
12.2 - The sole courts that will have jurisdiction
for any legal actions related to the use of the Website shall be
the commercial courts of Ieper.
12.3 - In case that a provision
the remaining provisions remains unaffected.