2. Services 2.1. This ASM AS Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading. 2.2. ASM Assembly Systems may stop the operation of the ASM AS Web Site in full or in part at any time. Due to the nature of the internet and computer systems, ASM Assembly Systems cannot accept any liability for the continuous availability of the ASM AS Web Site.
7. Hyperlinks The ASM AS Web Site may contain hyperlinks to the web pages of third parties. ASM Assembly Systems shall have no lability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as ASM Assembly Systems 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 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 ASM AS Web Site 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.
10. Compliance with Export Control Regulations 10.1. If the User transfers information, software and documentation provided by ASM Assembly Systems to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer 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 to a third party the User shall in particular check and guarantee by appropriate measures that: - there will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by ASM Assembly Systems, also considering the limitations of domestic business and prohibitions of by-passing those embargos, - such information, software and documentation provided by ASM Assembly Systs 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 required authorization is provided, - the regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered. 10.3. If required to enable authorities or ASM Assembly Systems to conduct export control checks, the User, upon request by ASM Asembly Systems, shall promptly provide ASM Assembly Systems with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by ASM Assembly Systems, as well as any export control restrictions existing. 10.4. The User shall indemnify and hold harmless ASM Assembly Sysems 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 ASM Assembly Systems 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. ASM Assembly Systems' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
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