WEB PORTAL TERMS OF USE AGREEMENT

EBV Web Portal

This Web Portal Terms of Use Agreement (the "Agreement") is a legal agreement between You (either an individual or the authorized representative of a company or other entity) and EBV Elektronik GmbH & Co. KG ("EBV") regarding EBV's Web Portal (the "Service", containing e.g. PCN via email) and related content of EBV and its licensors (the "EBV Content"), available through this site (the "Site"). The Service and the EBV Content are collectively referred to as the "EBV Web Portal" for purposes of this Agreement. If You are agreeing on behalf of a company or other entity to be bound by the terms and conditions of this Agreement, You are hereby representing and warranting that You have the authority to act on behalf of, and otherwise bind, the company or other entity. In all such cases, each reference to "You" or "Your" in this Agreement shall refer to You or to the company or other entity You represent, as applicable.

BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT AGREE" BUTTON AND YOU WILL NOT BE AUTHORIZED TO USE THE EBV WEB PORTAL OR FURTHER ACCESS THE EBV WEB PORTAL. YOU ARE ENCOURAGED TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

TERMS AND CONDITIONS FOR USE

License. Conditioned upon Your acceptance of all of the terms and conditions set forth herein, and otherwise provided to You, You are hereby granted a limited, nonexclusive, nontransferable, non-assignable license to use the EBV Web Portal via the Site for Your internal business purposes only. You may not provide the Service or the EBV Content to any third party or otherwise make use of the EBV Web Portal outside the limited scope of this license.

Password and Security. A customer account is required to access certain portions of the EBV Web Portal and may be accessed and used only by those authorized individuals who are registered with EBV. To open a user account, You must complete the registration process by providing EBV with current, complete, and accurate information as prompted by the applicable registration form. In registering for the EBV Web Portal, You agree to submit accurate, current, and complete information about You and Your organization and promptly update such information, if applicable and by changes to Your email address or when requested by EBV. You have to make sure that Your deposited email address must also provide the possibility of an automatic transmission to another email address of Your organization in case of absence. Should EBV suspect that such information is untrue, inaccurate, not current, or incomplete, EBV reserves the right, but does not undertake any obligation, to suspend or terminate Your access to the EBV Web Portal or seek updated information from You.

You are solely responsible for any and all activities that occur under Your account and for ensuring that You exit or log-off from Your account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the EBV Web Portal and the computer system to prevent unauthorized access to your account with EBV. You agree to notify EBV immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You.

Unsubscription. You may unsubscribe the Service at any time by sending an Email to the following Email address: myebv@ebv.com.

Proprietary Rights. The EBV Web Portal is proprietary and is protected via various domestic and international laws and International Treaty provisions.

a. All material on the EBV Web Portal, including, without limitation, all informational text, design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by EBV or other parties that have licensed their material to EBV, and are protected by copyright, trademark, trade dress and other foreign and domestic intellectual property laws. EBV disclaims any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images graphics, audio, and service marks displayed on the EBV Web Portal are the property of either EBV or other third parties; You agree not to display or use such property without EBV's prior written permission.

b. The Materials on the EBV Web Portal may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of EBV. Any modification of the Materials, use of the Materials on any networked computer environment, or use of the Materials for any purpose other than non-commercial use for Your internal business purposes, without the prior consent of EBV, may be a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

c. If You have properly accessed the EBV Web Portal, You may use and display the visuals, information, and documents contained in or made available through the EBV Web Portal solely for Your internal business purposes. All rights not expressly granted herein by EBV to You are reserved by EBV or its licensors.

Submissions. EBV does not accept suggestions, ideas, feedback, recommendations, concepts, posting, techniques for new services or products, or other information provided by You through the EBV Web Portal ("Submissions"). If such Submissions are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) EBV and its affiliates are under no obligation to keep such information confidential, and (c) EBV alone shall own all right, title, and interest, including all related intellectual property rights, to any Submissions, and You agree to assign such Submissions to EBV free of charge. EBV may use or not use such Submissions as it deems appropriate in its sole discretion.

Restrictions. You agree not to:

a. upload, transmit, post, email or otherwise make available to the Site, or the Service, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the EBV Web Portal;

c. impersonate any person or entity, including, but not limited to, any EBV official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the EBV Web Portal, or another user's account on the EBV Web Portal;

e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in or through the EBV Web Portal without EBV's prior express written permission. Systematic retrieval of data or other content from the Site or the EBV Web Portal to create or compile, directly or indirectly, a collection, compilation, database or directory without EBV's prior written permission is prohibited;

f. take any action that imposes an unreasonable or disproportionately large load on the Site's or the EBV Web Portal's infrastructure; or

g. create liability for EBV or cause EBV to lose (in whole or in part) the services of its information technology partners or other suppliers.

DISCLAIMER. EBV has no obligation to be sure that the Content of EBV`s Web Portal is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the EBV Web Portal and the PCN Service via email will be free from interruptions, errors, computer viruses or other harmful components. The information given on the EBV Web Portal is meant for guidance only. The information should not be relied upon as statements or representations of facts. You understand that EBV may (but has no obligation in the absence of governmental regulatory requirements) change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to You.

NO WARRANTIES. The EBV Web Portal and all related Content and Services are provided "AS-IS" and without warranties of any kind, either express or implied. You agree that under no circumstances, including, but not limited to, negligence, shall EBV as far as possible by indispensable and mandatory law be liable for any direct or indirect, special, incidental or consequential damages resulting from your reliance on the Content. This includes but is not limited to loss of goodwill, anticipated profits, data or profit arising out of the use or the inability to use or rely upon the Content of the EBV WEB PORTAL.

Indemnification. You hereby acknowledge and agree to indemnify and hold harmless EBV, its licensors, and their respective affiliates, subsidiaries, assigns, officers, directors and employees from all costs and expenses (including reasonable attorneys' fees) in the event of any third-party claim relating to Your: (a) breach of any term or condition of this Agreement; or (b) Your use or misuse of the EBV Web Portal.

Failure to Abide by Agreement. EBV may, in its sole discretion, remove Your information from its database, warn EBV's community of Your actions, issue a warning, suspend or terminate Your access to and any current activities to the EBV Web Portal immediately, without notice to You, and refuse to provide the EBV Web Portal to You if You breach the Use Agreement, or if EBV is unable to verify or authenticate any information that You provide, or if EBV believes Your actions may cause financial loss or legal liability for You, EBV's other customers, affiliates or partners, or EBV. EBV reserves the right, in its sole discretion, to refuse access to any user at any time to the EBV Web Portal, or any portion thereof. You agree that EBV shall not be liable to You or any third party for any termination of Your access to the EBV Web Portal.

Hyperlinks. EBV may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on the EBV Web Portal. The content in any such linked sites is not under EBV control and EBV is not responsible for the content of those sites, including any further links in another site. If You decide to access any of the third party sites linked to this or any other EBV Web Site, You understand that You do so entirely at Your own risk. You understand that it is up to You to take precautions to ensure that the third party You link to for Your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, EBV does not necessarily endorse a third party or its web site. EBV reserves the right to terminate a link to a third party web site at any time in its sole discretion.

General. As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. Where there is a conflict between this Use Agreement and any written contract between You and EBV, the terms of Your written contract with EBV will govern. No rights, duties, agreements or obligations hereunder may be assigned or transferred by You, by operation of law, merger or otherwise, without the prior written consent of EBV. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective, permitted successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF GERMANY EXCLUDING ANY LAW OR PRINCIPLE WHICH WOULD APPLY THE LAW OF ANY OTHER JURISDICTION. All disputes, claims or controversies between the parties which cannot be settled amicably shall be finally settled at the competent court in Munich, Germany.

Modifications. EBV reserves the right to modify these terms and conditions at any time without prior notice. Notice of modifications may be given by posting notice of such changes on the EBV Web Portal, by electronic mail, by facsimile or by conventional mail. You agree that Your continued use of the EBV Web Portal constitutes acceptance of all of the terms and conditions, as modified.

Customer Service. Any questions or comments regarding the EBV Web Portal or the terms and conditions of this Agreement may be submitted to myebv@ebv.com.

Printing. You are encouraged to print a copy of the terms and conditions of this Agreement for Your records. Click here to print this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ACCEPT THAT IT IS ONLY AVAILABLE IN ENGLISH, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.