Terms of Use

1. Scope

1.1. Any use of this website (the "ASMPT Website") provided by ASMPT Limited (“ASMPT”), is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. By accessing or using the ASMPT Website, the User automatically accepts the then current and applicable version of these Terms of Use.

1.2. Where the ASMPT Website is accessed or used by companies or public enterprises, such companies or enterprises shall be represented by the User and must assume that the User has appropriate knowledge and acts accordingly.

2. Services

2.1. This ASMPT Website contains specific information and software, related documentation (where relevant), for viewing or downloading.

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

3. Registrations & Passwords

3.1. Some pages of the ASMPT Website may be password protected. In the interest of safety and security of business transactions, only registered Users may access said pages. ASMPT reserves the right to deny registration to any User. ASMPT particularly reserves the right to determine certain sites, which were previously freely accessible, to be subject to registration. ASMPT is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User:

- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the ASMPT Website; or
- did not use the ASMPT Website after a certain length of time.

3.2. For registration the User must give accurate information and, where such information changes over time, update such information online to the extent possible, without undue delay. The User must ensure that its e-mail address, as supplied to ASMPT, is an address at which the User can be contacted.

3.3. Upon registration, the User will be provided with an access code, comprising a User ID and a password (“User Data”). The User Data allows the User to view or change its data or, where applicable, to withdraw its consent to data processing.

3.4. The User shall ensure that User Data is not 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, the User shall log-off from the password protected page. If and to the extent the User becomes aware that third parties are misusing its User Data, the User must notify ASMPT thereof without undue delay in writing (including by way of e-mail).

3.5. After receipt of the notice under paragraph 3.4, ASMPT will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to ASMPT or upon a new registration.

3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event, ASMPT will remove all User Data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1. The use of any information, software and documentation made available on or via this ASMPT 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 ASMPT. Any separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

4.2. ASMPT grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the ASMPT Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by ASMPT in making the same available.

4.3. Software shall be made available at no expense in object code. There shall be no right for source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case, ASMPT shall make the source code available in return for the payment of costs.

4.4. Information, software and documentation obtained from or via the ASMPT Website shall not be distributed, rented, or in any other way made available by the User to any third party. Unless allowed by mandatory law, the User shall not modify, disassemble, reverse engineer, or decompile the software or documentation or any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5. The information, software and documentation are protected by copyright laws, international copyright treaties, as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks, or copyright notices from the information or from the software or documentation, or any copies thereof.

5. Intellectual Property

5.1. Notwithstanding the provisions in Section 4 of these Terms of Use, information, brand names, and other contents of the ASMPT Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise used in any other way without the prior written permission of ASMPT.

5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User and no other obligations shall be implied which requires the grant of any further rights. Any and all patent rights and licenses are expressly excluded.

5.3. ASMPT may, without charge, use any ideas or proposals stored by a User on the ASMPT Website for the development, improvement, and sale of its products.

6. Duties of the User

6.1. In accessing or using the ASMPT Website, the User shall not:

- harm other persons, in particular minors, 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 Horse, or any other program that could damage data,
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful, or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects, or similar material, and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game, or similar activity.

6.2. ASMPT may deny any User access to the ASMPT Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

The ASMPT Website may contain hyperlinks to the web pages of third parties. ASMPT shall have no lability for the contents of such web pages and does not make any representations about or endorse such web pages or their contents as its own. ASMPT does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1. Insofar as any information, software or documentation is made available at no cost, any liability of ASMPT for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third-party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.2. The information on the ASMPT Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

9.1. The liability of ASMPT in relation to quality and title shall be determined in accordance with the provisions of Section 8 of these Terms of Use. Any further liability of ASMPT is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect, or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.

9.2. Although ASMPT makes every endeavour to keep the ASMPT Website free from viruses, ASMPT cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3. Sections 9.1 and 9.2 do not intend or imply any changes to the burden of proof to the User's disadvantage.

10. Compliance with Export Control Regulations

10.1. If the User transfers information, software and documentation provided by ASMPT to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In particular, the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union, and of the United States of America.

10.2. Prior to any such transfer or any provision of other economic resources in connection with information, software and documentation provided by ASMPT to a third party, the User shall check and guarantee by appropriate measures that:

- there will be no infringement of any embargo(es) imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or provision. In this regard, the User shall also consider all limitations of domestic business and prohibitions (if any) of by-passing those embargos,
- such information, software and documentation provided by ASMPT are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless the required authorization is provided,
- the regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning trading with entities, persons and organizations listed therein are considered.

10.3. If required to enable authorities or ASMPT to conduct export control checks, the User, upon request by ASMPT, shall promptly provide ASMPT with all information pertaining to the particular end-user, the particular destination and the particular intended use of the information, software and documentation provided by ASMPT, as well as any export control restrictions existing.

10.4. The User shall indemnify and hold harmless ASMPT from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate ASMPT for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.

10.5. ASMPT's obligation to fulfil an agreement is subject to the proviso that the fulfilment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

11. Data Privacy Protection

ASMPT’s privacy policy explains how ASMPT treats each User’s personal data and protects its privacy when that User accesses or uses the ASMPT website. By accessing or using the ASMPT Website, the User agrees that ASMPT can use such data in accordance with ASMPT’s privacy policy.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1. Any supplementary agreement shall only be effective if it is in writing and signed by the ASMPT and the User.

12.2. The individual pages of the ASMPT Website are operated and administered by ASMPT and/or its affiliates. The pages comply with the laws applicable in the country where the relevant company has its business residence. ASMPT makes no representation that information, software and/or documentation on the ASMPT Website are appropriate or available for viewing or downloading at locations outside such country. If Users access the ASMPT Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to or the use of ASMPT Website’s information, software and/or documentation from countries where such content is unlawful, is prohibited. Where access to or use of ASMPT Website’s information, software and/or documentation is prohibited, any User who wishes to do business with ASMPT should contact ASMPT’s representative for the particular country for country-specific business.

The following applies if the User accesses the ASMPT Website from within the European Union:

12.3. The place of jurisdiction shall be Munich, Germany, if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

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

12.5 If the User uses the ASMPT Website as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

12.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

The following applies if User accesses the ASMPT Website from outside the European Union:

12.7 These Terms of Use shall be governed by Singapore law without giving effect to any principles of conflicts of law. All disputes arising out of or in connection with these Terms of Use shall be referred to the exclusive jurisdiction of the courts in Singapore.

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