"There is no claim for registration of the user and conclusion of a licence with CLAAS Service and Parts GmbH.
CLAAS Service and Parts GmbH is entitled to reject the offer of a user without stating any reasons.
Registration is permitted only to legal persons and natural persons of full age having legal capacity without restrictions, acting in the performance of their trade or independent professional activity (enterpreneur in the sense of § 14 of German BGB). Registration of a legal person may be made only by a named natural person authorized do to so.
The data to be provided, especially the data collected during registration, must be complete and true. If the data change at a later date, these data – in particular address and contact data as well as other information in the user profile – must be updated through the user account. The user shall prove the correctness of the stored data upon request.
The selected user name must not violate any applicable law, the public policy (§ 826 of German BGB) or rights of third parties (especially name and mark rights).
The user name and the password must be kept secret. When requested to communicate or enter the user name and password, the user shall always check within the framework available to him and as far as reasonable if this request originates from CLAAS or a third party authorized to do so in order to prevent spying out/fishing the access data and misuse.
Creating several user accounts for the same natural or legal person is not permitted.
The user account cannot be transferred."
Provisions of use:
Parts Doc is an electronic spare parts catalogue of CLAAS agricultural machinery products, developed to fulfil the needs of CLAAS agricultural equipment trading.
The present version which is accessible only for registered users from agricultural operations and associated fields of activity offers the following functions in particular:
- Display and printing of spare parts drawings and material parts lists
- Material search using the serial no. (incl. display of engine parts)
- Export of parts information
CLAAS grants the user the single, non-exclusive and inalienable right to use the Parts Doc data base for the above purpose of searching for spare parts.
The user shall be entitled to access the data base, to do research in the data base and to use the retrieved data for own purposes. Any use beyond the above is not allowed (in particular copying data to further data media for other purposes, the use of data with the goal of producing more than just single copies and/or setting up systematic collections or for commercial use).
The user expressly recognizes the property right and the copyright of CLAAS KGaA mbH and/or the companies affiliated with it in the software used and the integrated company symbols, logos and the graphical layout within the framework of the Internet application www.claas.com.
The user recognizes that the data base is both a protectable data base in the sense of § 4 sect. 2 clause 1 of the German Copyright Act (abbr.: UrhG) and a protectable data base in the sense of § 87a sect. 1 of the German Copyright Act. The user also recognizes that CLAAS is the "producer" of the online data base in the sense of § 87a sect. 2 of the German Copyright Act. The rights in all other components of the data bases, in particular the rights of use and the ancillary copyrights in the contents are held by CLAAS. To enable reading the spare parts catalogue by electronic means, it contains a viewer program of which all rights are held by Docware GmbH, Alexanderstr. 9, D-90762 Fürth. Any other use of this program is strictly prohibited.
The user is also aware of the fact that in view of the state of the art, faults in programs and data bases cannot be excluded. The Parts Doc data base was compiled with great care; still CLAAS will not assume any liability for the correctness, accuracy and absence of faults in the information made available. In other respects, CLAAS shall be liable in case of intent, gross negligence, claims resulting from the Product Liability Act and injuries of life, body or health in accordance with legal provisions. CLAAS shall also be liable in case of slight negligence provided that CLAAS has violated an essential contractual obligation, but this liability shall be limited to the typical, foreseeable loss. Liability by CLAAS shall be excluded in all other cases.
In other respects, the user has no claim to a certain arrangement or design or the availability of certain functions, services and areas of the Parts Doc data base. CLAAS reserves the right to modify or discontinue Parts Doc or individual functions, services or areas in whole or in part, either permanently or temporarily as appears fair and at their own discretion, as long as this will not impair essential obligations by CLAAS from the licence and this is reasonable for the user while considering the rightful interest of CLAAS.