Terms of use
To use the IMDS system it is mandatory that you agree without any changes or additions to the terms of use as described below.
IMDS Terms of Use V 4.0 (HPE)
(0) The IMDS Purpose
IMDS (International Material Data System) was developed and is operated by Hewlett-Packard GmbH (legal successor of the EDS Operations Services GmbH) - subsequently called "HPE" - on behalf of various international car manufacturers with the purpose to enable the gathering of environmentally relevant information on parts and materials along the automotive supply chain by using the internet as the most cost efficient enabler for this process.
(1) Subject of the IMDS Terms of Use
The IMDS Terms of Use (subsequently called "Terms of Use") rule the conditions between any legal entity accessing IMDS and having been properly registered by HPE (hereinafter generally referred to as "USER") - and HPE for using the IMDS.
A USER may use IMDS in two ways: The data providing USER (subsequently called "Data-Providing USER") is a USER transferring data into IMDS or forwarding received data within IMDS. The data receiving USER (subsequently called "Data-Receiving USER") is a USER who receives data out of IMDS. These Terms of Use apply to both kinds of USERS and rule the access to IMDS and the way the Data-Providing and the Data-Receiving USER interact with each other.
For the avoidance of doubt, these Terms of Use do not create contractual rights or obligations between Data-Providing and Data-Receiving Users.
(2) Scope of Usage of IMDS
The IMDS can be used by all USERS under the condition of the acceptance of the terms, conditions, and notices contained in these Terms of Use without any modification. By pressing the "Yes"-button at the end of these Terms of Use, the USER agrees to these Terms of Use Version 4.0. As to any future versions of the Terms of Use, Article 12 shall apply. HPE grants the USER a non-transferable, non-exclusive and non-perpetual right to use IMDS and any related software, database access and interfaces according to the conditions as described in these Terms of Use.
"Usage of IMDS" with regards to these Terms of Use means any kind of interaction with the IMDS and includes, besides connecting to the IMDS and using its functionalities (i.e. data entry, data transmission, data maintenance, browsing material data sheet (hereinafter referred to as "MDS"), every usage of the IMDS web sites (e.g. browsing material lists), any functionally required installation of related software and the provision of any kind of IMDS documentation or support by HPE independent of the communication medium (online, paper, voice, electronic, etc.).
A de-compilation of the program code is prohibited. The USER is not entitled to assign the rights and obligations granted by HP, whether in total or in parts, to third parties or to allow usage rights to third parties and/or to grant any sub-licence or right to use to any third party.
(3) USER Account
Upon application and registration as set out below, HPE will provide each USER with one or more USER accounts. These accounts are password protected and can only be accessed by the USER.
To open an account for access to IMDS, the USER must complete the registration process by providing IMDS with current, complete and accurate information as prompted by the applicable registration process. The USER then will receive a User-ID and password.
The USER is exclusively responsible for maintaining the confidentiality of her/his User-ID and password. Furthermore, the USER is entirely responsible for any and all activities that occur under the USER's account, except activities of any third party outside the USER's sphere and not attributable to her/him. The USER agrees to notify HPE immediately of any unauthorized use of USER's account or any other breach of security. Unless provided for otherwise below, HPE will not be liable for any loss that the USER may incur as a result of someone else using USER's password or account, either with or without USER's knowledge.
HPE will, within the limitations as set out below, be liable if the unauthorised use is due to HP's intentional or negligent conduct.
In the event of negligence or willful misconduct of the USER, the USER may be held liable for losses incurred by HPE due to someone else using her/his account or password. For the avoidance of doubt, the USER will not be liable for any loss of data caused by any third party outside the USER's sphere and not attributable to her/him. The USER ensures that within her/his organization the USER shall not give her/his User ID or/and PW to any other person. .
(4) Company Administrator / END-USERS of IMDS
Each USER of IMDS shall appoint a responsible Administrator (hereinafter referred to as "Company Administrator"). The Company Administrator shall identify herself/himself during the registration process as the responsible Administrator for the USER and will receive the USER's ID and passw