Terms of Use for the Configurator

The use of Maschinenbau Kitz GmbH’s (hereinafter referred to as “mk”) configurator mk QuickDesigner and the use of the related data shall be free of charge for the user and shall be subject to the following terms and conditions.

1. General provisions

mk’s offer to use the mk QuickDesigner after registration shall be exclusively directed to users that are entrepreneurs for the purposes of section 14 of the German Civil Code, i.e. individuals or legal entities or partnerships with legal personality acting in the performance of their commercial or self-employed professional business activities. Other terms and conditions shall not apply, even if mk fails to expressly object to them. Changes or amendments of the contract shall not be effective unless confirmed in writing.

2. Subject matter of the contract

mk shall provide the user with free online access to the configurator mk QuickDesigner via the internet (www.quickdesigner.com). The user shall be entitled to use the configurator in order to tailor a product to such user’s needs and desires and to obtain information on the product. After a short registration, the user shall receive a graph and a CAD model of the configured product, after a full registration, the user shall also receive an offer. The user shall be entitled to use the data generated by such configuration (graphs, CAD models and offers) for the user’s own purposes and may place an order with mk on the basis of such data. mk reserves the right to deny users full registration.

3. Use of user data, confidentiality and data protection

As soon as the user registers, whether it is the short registration to obtain a CAD model or the full registration to obtain offers as well, the data the user enters shall be stored by mk. mk guarantees that such data shall be treated confidentially. Specific configurations and the related data shall be allocated to the user data in order to provide them to the user via such user’s online account. With this present declaration of consent, the user expressly recognizes mk’s right to use the user’s data. The user is hereby informed of such user's right to revoke such declaration of consent at any time, effective for the time after such revocation. The revocation is to be directed to mk in writing. With the revocation, the user's right to use the mk QuickDesigner shall be terminated.

4. Liability and guarantee

mk does not guarantee access to the mk QuickDesigner and/or that the generated and stored configuration data can be retrieved at all times. mk does not assume any liability if the mk QuickDesigner is used in violation of these present terms and conditions of use.

5. Rights of use

With regard to the relationship between mk and the user, mk shall be entitled to all rights, in particular the copyright-based rights to use and utilize the mk QuickDesigner as well as the configuration data (graphs, CAD models and offers). The use of the mk QuickDesigner by the user shall be restricted solely to the purposes of this agreement (see no. 2). The user shall be entitled to use the generated configuration data (graphs, CAD models and offers) for such user’s own purposes, to print them and to store them permanently on such user’s local computer. The user may only use the retrieved configuration data for such user’s own purposes. The user shall be expressly prohibited from transferring such configuration data to mk’s direct or indirect competitors. The user shall be prohibited from removing copyright notices, trademarks and other reservations of rights from the configuration data. Any violation of these terms and conditions of use or any attempt to circumvent the access barriers shall be deemed to be a violation of mk’s rights and shall entitle mk to claim damages.

6. Technical requirements

The user shall be responsible for the internet connection to the mk QuickDesigner and for all and any required technical equipment. mk shall be entitled to effect server or the data base maintenance work during, before and after the time of operation. This might lead to interruptions in data retrievals and to non-accessibility of the configurator, for which mk does not assume any liability.

7. Obligations of the user

The user shall ensure that no unauthorized third party gains access to the configuration data legitimately generated by such user (graphs, CAD models and offers) or obtains info rmation about the content of such configuration data. In case of reasonable suspicion of misuse or in case of any contract violation, mk reserves the right to investigate the matter, to take appropriate precautions and, in case of a reasonable suspicion, to block such user’s account. The use of the configurator by the user shall be subject to these terms and conditions of use. The user shall comply with the generally accepted principles of data security applicable to the protection of the data and with any and all statutory, official and technical regulations.

8. Governing law and place of jurisdiction

All legal relationships resulting from these terms and conditions of use shall be subject to the laws in the Federal Republic of Germany; the UN Sales Convention shall be excluded. The place of jurisdiction shall be Siegburg, Germany.