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19.2: FuelPlus One Emissions

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Welcome to the FuelPlus Software GmbH ("FuelPlus") Website. By using the website, you agree to follow and to be bound by our Privacy Policy and by the following terms and conditions concerning the use of the website ("Terms of Use"). We may revise the Terms of Use and Privacy Policy at any time without prior notice to you.

There are areas of the FuelPlus Website that may have posted different terms of use. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the website, the latter shall have precedence with respect to the use of that area of the FuelPlus Software GmbH Website.

Scope

The use of the internet pages provided by FuelPlus is only allowed on the basis of these Terms of Use, which may be amended, modified, or replaced by other terms and conditions. By starting the use of the FuelPlus Website, these Terms of Use are accepted in their currently posted version.

If you act as a business customer while using the FuelPlus Website, the article § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code ("Bürgerliches Gesetzbuch") does not apply. You act as a business customer for instance when you act either as an administration customer or not for purposes which are outside its trade, business, or profession.

Services

On the FuelPlus Website, FuelPlus offers specific information and software as well as related documentation for viewing or downloading.

FuelPlus may stop the operation of the FuelPlus Website in full or in part at any time. Due to the nature of the internet and computer systems, FuelPlus cannot accept any liability for the continuous availability of the FuelPlus Website.

Password

Some pages of the FuelPlus Website may be protected by password. In the interest of safety and security of the business transactions, only registered users may have access to the protected pages.

FuelPlus reserves the right for user registration for the protected area.

You shall ensure that your login data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, you shall log-off from the password protected internet pages. If you become aware of any misuse of your User Data, you shall inform FuelPlus without delay in written form, e.g. by e-mail.
You may demand the deletion of your registration in written form at any time, provided that the deletion will not violate the proper performance of contractual relationships. In such case, FuelPlus will delete all user data and other personal information of you as soon as these data are not needed anymore.

Rights of Use to Information, Software and Documentation

The use of any information, software, and documentation provided on the FuelPlus Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with FuelPlus. License terms separately agreed to shall prevail over these Terms of Use.

FuelPlus grants you a non-exclusive and non-transferable right to use the information, the software, and the documentation that are made available to you on the FuelPlus Website to the agreed extent. In case there is no such agreement, you may use the contents to the extent of the purpose that is intended by FuelPlus.

Any use of software and accompanying documentation that you can download from the FuelPlus Website is subject to the terms of a FuelPlus License and Maintenance Service Agreement between you and FuelPlus.
Information, software, and documentation may not be distributed by you to any third party at any time nor may be rented or made available in any other way. Unless such is allowed by mandatory law, you shall neither modify the software or documentation nor shall disassemble it, reverse engineer, decompile the software, or separate any part of it. You may make one backup copy of the software where necessary to secure further use.
The information, software and documentation are protected by copyright laws as well as international conventions related to intellectual property. You shall observe such laws. In particular, you shall not remove any alphanumeric code, marks, or copyright notices neither from the information nor from the software or documentation.
§§ 69a et seq. of the German Copyright Law ("Urheberschutzgesetz") shall not be affected hereby.

Intellectual Property

The intellectual property contained in this website is legally protected. This website does not grant any license to use the intellectual property owned by FuelPlus. Information, brand names, and other contents of the FuelPlus Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or used otherwise in any other way without the prior written permission of FuelPlus.

Except for the rights of use and other rights explicitly granted herein, no other rights shall be granted to you nor shall any duty be implied to grant rights, such as, but not limited to, company's name or to intellectual property rights such as brands or utility models.

Your Duties

While using the FuelPlus Website, you shall not

harm other persons or infringe their personal rights;
breach public morality in its manner of use;
violate any intellectual property right or any other proprietary right;
upload any contents containing a virus, so-called Trojan Horses, or any other program that could damage data;
transmit, store, or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or
distribute advertising or unsolicited e-mails (so-called "spam") or incorrect warnings of viruses or defects.

FuelPlus may deny access to the FuelPlus Website at any time, in particular if you breach any obligation arising from these Terms of Use.

Hyperlinks

The FuelPlus Website may contain hyperlinks to the Web pages of third parties. FuelPlus accepts no liability for the contents of such Web pages and does not make representations about them or endorse such Web pages or their contents as its own, as FuelPlus does not control the information on such Web pages and is not responsible for their contents and information. The use of such Web pages shall be at the sole risk of you.

Liability

The information that FuelPlus presents to you on this website is compiled and updated periodically. FuelPlus cannot make any guarantee that it is error- or virus-free. For this reason, FuelPlus disclaims and excludes all liability or warranty with regard to the accuracy, completeness, and up-to-dateness of the information provided on this website. There is no warranty of merchantability, no warranty of fitness for a particular use, and no other warranty of any kind, expressed or implied, regarding the information of this website.

This website provides links to other websites. FuelPlus disclaims all liability and warranty with respect to any information obtained from and your interaction with any website that you access by means of a link from this website. These websites are operated by separate companies. Furthermore, Fuelplus is not responsible for the data protection precautions of the operators of such websites.

In no case, FuelPlus or other companies mentioned on this site will be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site or any other websites linked to this site or the content contained at any or all such sites. This includes but is not limited to damages to your computer system, to your data, or to any personal objects resulting from downloading material or data from this website or from websites accessed by links from this website.

FuelPlus reserves the right to undertake alterations or additions to the information or data provided at all times without further notice.

All liability for forward-looking statements contained in the FuelPlus Website is explicitly excluded.

Privacy policy

For collection, use, and processing of your personal data of the FuelPlus Website, FuelPlus shall comply with applicable laws on data privacy protection and the FuelPlus Website Data Protection Privacy Policy, which is available on the FuelPlus Website (Privacy Policy).

Applicable Law

The use of this Website and the interpretation of this Disclaimer shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law provisions. Any dispute arising out of this agreement shall be resolved by the courts in Germany. Through the continued use of this website, you agree to submit to the personal jurisdiction of the courts in Germany. FuelPlus and you agree that service of process may be made by electronic mail to the electronic mail address that was used when accessing this website.

The place of jurisdiction shall be Hanover if you are a merchant in terms of the German Commercial Code ("Handelsgesetzbuch").

FuelPlus may change this Disclaimer at any time without prior notice to you and without liability to you or any other party. It is your responsibility to periodically check this Disclaimer for changes. If you do not agree to any changes made to the Disclaimer, you should stop using this website. Continued use of this website signifies acceptance of any changes made to the Disclaimer.

Usage of the Website

FuelPlus takes no liability that information, software, and/or documentation on the FuelPlus Website are appropriate or available for viewing or downloading at locations outside of Germany. If users access the FuelPlus Website from outside of Germany, they are exclusively responsible for compliance with all local laws. Access to FuelPlus Website's information, software, and/or documentation from countries where such content is illegal is prohibited.

These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

Any supplementary agreement requires the written form.

Indemnity

You agree to defend, indemnify, and hold harmless FuelPlus, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, that may arise out of or may be connected with the access or the usage of the FuelPlus Website.

Copyright

The content including pictures and the design of the FuelPlus Website are subject to copyright protection and other laws for the protection of intellectual property. Any dissemination or alteration of the content of these pages or of the frames or similar measures is permitted. Moreover, these contents may not be copied, disseminated, modified or made available to third parties for commercial purposes.

Contact FuelPlus

If you have any questions or comments about our privacy statement or practices, please contact us.

FuelPlus reserves the right to modify or update this Legal Notice and Terms of Use at any time without prior notice.

Dec 8, 2009

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