Terms of Use


1 Scope

Through their online portal, b&m-PORT®,
the b&m Automotive Group provides their
customers and external interested parties
with a vast amount of technical information for
the offered product portfolio. This database of
knowledge supports designers in designing
and developing new components and
integrating appropriate fasteners.
All documents and information that the User
receives from this portal are confidential and
are components of the following Agreements.
Documents and information that the User had
in their possession before using the portal are
exempt from this provision.
The Agreement enters into force with the use of
the portal and continues for an indefinite period
of time. The resulting confidentiality obligations
cannot be terminated.

2 Confidentiality

The User obligates himself/herself to treat
all information made accessible to him/her
as confidential, meaning that he/she will not
directly or indirectly disclose it to third parties
nor distribute or publish it, and will use it
exclusively in the course of collaboration or of
the current project.
In addition, confidential information can only
be made accessible to employees and Group
companies that need it for the purpose of
collaboration with b&m and are familiar with
the Terms of Use. In the event that confidential
information is disseminated to employees or
Group companies, the User is responsible for
these parties complying with the Terms of Use.
The dissemination of confidential information to
third parties that do not belong to the company
of the User requires written approval from b&m.

3 Usage Rights

The login credentials required for the use of the
online portal cannot be relayed to third parties,
and may only be used by the registered User.
In the event that the User leaves the company
indicated at registration, he/she loses all usage
rights.
This Agreement does not grant any usage
right with respect to licenses, patents, brands,
designs, copyrights or other commercial
intellectual property rights, either explicitly or
tacitly, with the exception of the usage rights
to confidential information granted under the
conditions of this Agreement.
All documents, drawings, other papers
and similar items relating to confidential
information that are made accessible to the
User through the portal remain the property of
b&m. No copies or duplications of confidential
information can be made beyond the scope to
which they are reasonably necessary for the
purpose of this Agreement. All copies must
be identified as confidential information in the
same manner as the original.

4 Liability

The User of b&m-PORT® indemnifies b&m
from all damages, losses, costs, or liabilities
(including court costs and appropriate legal
expenses) and shall compensate the costs
that are incurred or occur in consequence
of unapproved use or disclosure of the
confidential information by the User, his/her
employees, representatives, or consultants, or
from another infringement of this Agreement.
The User is similarly liable for the behavior of
his/her employees and agents in accordance
with § 278 BGB [German Civil Code] and
of his/her subcontractors (vicarious agents)
in accordance with § 831 BGB [German
Civil Code] , without being entitled to submit
exculpatory evidence in accordance with §
831 para. 1 p. 2 BGB [German Civil Code] , i.e.
he/she is fully responsible for all third parties
commissioned by him/her.

The User is aware that
(a) an infringement against business and
trade secrets as per §§ 17, 18 UWG [Unfair
Competition Act] is punishable by law and
can be punished with up to five years of
imprisonment,
(b) the party who infringes against business or
trade secrets is also obligated to compensate
the damages incurred as per § 823 subsection
2 BGB [German Civil Code], and
(c) illegal data alteration and computer
sabotage as per §§ 303a and 303b StGB
[German Criminal Code] is punishable by law.

5 Final Provisions

Additions or amendments to this Agreement
require written approval from both parties.
The ineffectiveness of a clause of this
Agreement shall not affect the effectiveness of
the remaining provisions of this Agreement. In
the place of the ineffective clause, an effective
clause that comes as close as possible to the
economic intent of the clause that was actually
stipulated shall take effect. This shall also apply
in the event of an omission.

Version 1 - September 22, 2017