Welcome to the Fujitsu Media Portal and Resource Center
We are glad, that you have found your way onto our Internet portal http://mediaportal.ts.fujitsu.com (hereafter referred to as: “Fujitsu Media Portal”). We hope, that you will profit from what we have to offer and that you will find many suggestions which support your business activities related to Fujitsu Limited and its affiliates (collectively, the “Fujitsu”) and its products and services. Please take a little time to read the following thoroughly. If you like, you can save or print this text via mouse-click.The Fujitsu Media Portal will give you access to a number of sub-pages and tools, including the Media Library upon successful registration (altogether summarized by the term “Fujitsu Media Portal”).
The Fujitsu Media Library at http://mediaportal.ts.fujitsu.com/ (hereafter referred to as "Media Library") is provided to you by Fujitsu to help you to download electronically Fujitsu brochures, flyers and folders, documentation, information, texts, software, images, graphics, sound, videos, animations or other media files or any other material or content according to your or your customer's specific business requirements (hereafter referred to as "Content”).
By the terms “you” or “user” we refer to you, as registering natural person as well as to the company you are representing. By registering you confirm that you are an authorised representative of the company which you are representing and that no further power of authority or third party verification is necessary to validate your declaration of consent to the following Terms of Use to become binding also for your company.
Who May Use our Services
You may use the Fujitsu Media Portal and the Content according to the following conditions once you have successfully registered yourself and the company you are representing, and only in compliance with these Terms of Use and all applicable laws. Any use or access by anyone under the age of 18 is prohibited, and certain systems may have additional requirements and/or restrictions.
What we expect you to comply with
Subject to these Terms of Use and our policies (including our Data Privacy Policy), we grant you as representative of your company a limited, non-exclusive, non-transferable, and revocable right to use the Fujitsu Media Portal and the Content for your business purposes. You agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using the Fujitsu Media Portal and the Content does not give you ownership of any intellectual property rights in the Fujitsu Media Portal or the Content you access.
What are our Terms of Use for the Fujitsu Media Portal and the Media Library
1. General
Any and all access to and use of the Fujitsu Media Portal and the Content is subject to these Terms of Use. Fujitsu reserves the right to amend, modify or replace these Terms of Use at any time and without further notice. Upon logging-in, you are accepting these Terms of Use in their current version as basis for the use of the Fujitsu Media Portal and the Content. Any use of the Fujitsu Media Portal and the Content is at your own risk.
2. Accessibility of Fujitsu Media Portal and Registration
In the interest of reliability, safety and security and with a view to the binding character of downloads and transactions carried out via the Media Library, only registered users may access certain sections of the Fujitsu Media Portal and the Media Library. Fujitsu reserves the right to deny registration and/or access to any potential user at its sole discretion.
Registration shall only be possible under your true name and data. If and when such information changes over time, you shall update such information without undue delay.
You acknowledge that Fujitsu expressly excludes any liability for the continuous availability of the Fujitsu Media Portal and/or its sub-pages. Fujitsu additionally reserves the right to stop operating and/or providing fully or partially the Fujitsu Media Portal or limit the access to it at any time and without further notice.
3. Use of the Fujitsu Media Portal and the Content and Information provided
All information made public by Fujitsu in the Fujitsu Media Portal and via the Media Library will be provided for the successfully registered user – unless stated otherwise – free of charge. You may use and document the offered information for your own needs in business context. Any other use of the information is only permitted with prior consent of Fujitsu.
Fujitsu specifically draws attention to the fact that all pages, contents and information of the Fujitsu Media Portal or the Content, can be subject to protective rights, in particular to copyright of third parties or Fujitsu. This particularly applies to texts, images, graphics, sounds, video or animation files. The replication or use of such pages (or parts thereof) in other electronic or printed publications and their publication (also in the Internet) is only permitted in accordance with these Terms of Use.
All trademarks and brand names that are mentioned in the Fujitsu Media Portal or the Content are possibly protected by third parties unrestrictedly subject to the provisions of the respective valid labeling act and the ownership rights of the registered owners. The fact that a trademark has merely been named in the Fujitsu Media Portal or the Content should not imply that trademarks are not protected by the rights of third parties or of Fujitsu.
As far as the information originates from a third party, it has been adopted without any alteration, unless indicated otherwise. Every user is responsible to check whether the information provided is correct, complete, and/or up to date. Fujitsu’s liability for any damages due to incorrectness, incompleteness, or missing actuality of the information supplied as well as any liability for damages resulting out of any possible misinterpretation of the supplied information by the user, shall be limited to gross negligence or intentional behavior of Fujitsu.
4. Links / Contents and Information of Third Parties
The Fujitsu Media Portal or the Content may contain links and references to the web pages of third parties. Fujitsu shall have no liability 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 Fujitsu does not have control over the information or contents on such web pages. Neither shall Fujitsu be liable for the quality, correctness, nor completeness of any third party information expressly provided on the Fujitsu Media Portal as third party information, including any information supplied by any of the partners.
5. Fujitsu Trademark
You shall offer Fujitsu products or services to your customers solely under the specified product or service names including brands and copyright notices and provide your customers with all the information, accompanying legal information and documents required for usage. You must not make any promises or statements concerning features of the products/services that go beyond the information material provided by Fujitsu.
Unless otherwise explicitly agreed for a specific project, you are not authorized to make or have any changes made to Fujitsu products or services.
In connection with sales activities you shall present the Fujitsu Products in a promotionally effective and target-customer-oriented way, and shall consult your customers diligently and comprehensively before and after effecting sales as well as provide them with support and instruction with regard to the application of Fujitsu products and services. In this context you shall observe the generally available product-, service-, training- and marketing information that Fujitsu provides.
The Fujitsu Media Portal and the Content might use the Fujitsu Trademarks defined below. You acknowledge that all trademark rights and other rights in the name “Fujitsu” and the following Fujitsu logo
You agree that you will use the Fujitsu Trademarks only to the extent allowed under applicable trademark law or under a contract other than these Terms of Use and solely for the purposes of selling and marketing products and/or services of or otherwise cooperating with Fujitsu or its affiliated companies. You acknowledge that under these Terms of Use no additional rights to use the Fujitsu Trademarks or any other names or trademarks of Fujitsu, its affiliated companies or any third party are granted, neither express nor implied.
You furthermore agree to the following conditions for using the Fujitsu Trademarks:
(a) You shall not damage the value of the Fujitsu Trademarks in the course of using them, and in particular, you shall not use the Fujitsu Trademarks in a way that is derogatory (which will be determined at the sole discretion of Fujitsu or its affiliated companies).
(b) You shall not (i) incorporate the Fujitsu Trademarks into your business, product or service name, (ii) connect your company, product or service name in any way with the Fujitsu Trademarks, or (iii) use the Fujitsu Trademarks in your domain name.
(c) You shall not use the Fujitsu Trademarks in any way which may suggest an association with Fujitsu or its affiliated companies, its products or services or any endorsement thereof which does not exist.
(d) You shall not use any marks similar to the Fujitsu Trademarks.
(e) You shall not modify the Fujitsu Trademarks in any way (e.g., but not limited to, with regard to colors, sizes, distortions, combinations with other elements).
(f) You acknowledge that Fujitsu or its affiliated companies may change these conditions for using the Fujitsu Trademarks at any time at their sole discretion.
Fujitsu shall be entitled to use the name and the (registered) trademarks of you, respective of the company you are representing for advertising and marketing purposes of products and/or services.
6. Content Download and Export Control
If the Content is software which is offered for download by Fujitsu, any and all use of such software shall be subject to the relevant license conditions of the legitimate supplier or manufacturer (license agreement). User must not install such software, before or without accepting the relevant licensing terms and conditions provided. Fujitsu is not liable for damages, which result directly or indirectly from using downloaded data file.
The export of Content, as well as of technical know-how and/or service/product documentation may require - for example on account of their destination, nature or purpose - official or government approval. As far as Content is destined for performance abroad, and/or Content is destined for export, you and Fujitsu shall cooperate in providing information on request as necessary to obtain any required licenses and approvals in accordance with the valid export control regulations of the Federal Republic of Germany, the European Union (EU), the United States of America (USA) or any other affected country.
Where relevant you will take reasonable measures to verify and assess your customers in relation to foreign trade and payments to foreign countries. Upon request you will demonstrate such inspection measures to Fujitsu in detail. You will notify your customers in writing about the applicable export regulations and arrangements set out in this section.
Exports and re-exports of Content in conjunction with these Terms of Use may not be carried out if there are reasons for suspecting that they may be used in connection with chemical, biological or nuclear weapons or for missile technology to be used for such weapons. You shall comply with the corresponding sanction lists issued by the European Union, the German Federal Government, US export authorities or any other relevant country, e.g. European Sanctions List, Denied Persons List as well as any other valid advisory notices from the appropriate authorities as amended from time to time.
An infringement of the provisions in this section shall be considered as a fundamental breach and you shall be exclusively liable for any resulting damages.
Fujitsu shall not be obliged to supply Content if such supply or performance would violate export control regulations of the Federal Republic of Germany, the European Union, and the United States, Japan or other countries.
You acknowledge that Fujitsu relies on the export control information and any false or incomplete information you have provided may cause serious damage and/or breaches of export control laws for which you and your employer will be held liable.
7. Important Notice on Computer Viruses
Although Fujitsu makes every endeavor to keep the Fujitsu Media Portal free from viruses, Fujitsu cannot provide any warranty or guarantee that it is virus-free. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any Content.
8. Rules on Password Use and Responsibilities
It is within the user’s sole responsibility to secure any passwords and avoid any misconduct as regards the use of such passwords that he might have received for the use of the Fujitsu Media Portal and its sub-pages. In case you should discover that your password has unintentionally been made accessible to any unauthorized and/or third party or that there might exist any danger of misuse, you shall immediately inform Fujitsu. Fujitsu shall then take measures to block the respective password and to deny access to the respective user / user ID without undue delay. For the blocked user, access will only be possible after a user's application to Fujitsu to have the user ID unlocked or upon new registration. Notwithstanding the above however, Fujitsu shall not be liable in contract, tort or under any legal theory that might considered to be applicable, for any damages resulting from the any abuse of any personal passwords, unless such abuse was caused through the intentional or gross negligent behavior of an Fujitsu employee or a third party acting on behalf of Fujitsu. In addition Fujitsu reserves the right, at any time and without having to indicate any specific reasons, to cancel or limit the user’s right to access the password-protected area by blocking its user data. Every user has the responsibility to keep his/her personal login data safe. The user-login and password are not transferable.
In addition, while accessing and or using the Fujitsu Media Portal and its content you shall ensure not to engage in any of the following activities:
- 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, snow-ball system, chain letter, pyramid game or similar activity.
Fujitsu shall not be liable for any damages, which result from any misconduct of the user with the information supplied.
9. Limitation of Liability
Fujitsu shall not be liable for any consequential damages, especially lost profits, cancellation of operations, interruption of operations, or loss of data unless such liability should be mandatory at law. As far as the liability can be excluded or limited according to law, but has not yet been excluded or limited elsewhere within these terms, it is limited to €10.000,- per damaging incident, up to an aggregate maximum sum of €50.000,-.
10. Data Privacy
a. General
Any and all use of the Fujitsu Media Portal is subject to the Fujitsu Privacy Policy, which you already accepted when using and when registering for the Fujitsu Media Portal. Based on this Fujitsu undertakes and agrees to comply with all applicable requirements under an applicable law on data protection or data privacy, including (when applicable) the General Data Protection Regulation (EU) 2016/679, including any applicable amendment, re-enactment or replacement of it from time to time (“GDPR”) and any applicable EU Member State implementation laws of it. We expect that you will only collect, process and transfer to Fujitsu own personal data, such as name, company, department and e-mail address ("Personal Data") as is necessary to perform the relevant service and comply with all applicable legal requirements.
b. Purpose
Fujitsu shall only use the transferred data in order to perform the relevant service or as well as anonymously for evaluations and quality assurance measures.
The Personal Data that we are storing in our systems are the data that you provide during your registration, i.e. name, surname, email address, position, company. We may also collect demographic information, such as your business or company information and preferences. Forms that you choose to complete will indicate which information requested is mandatory or voluntary.
In order to offer you a more consistent experience in your interactions with Fujitsu, information (including Personal Data) collected through one source may be combined with information Fujitsu obtains through other sources. We may also supplement the information we collect with information obtained from other parties, including our contractually authorized third parties, e.g. distributors or technology partners.
Fujitsu uses your Personal Data to:
• Deliver the Services and support or carry out the transactions you have requested;
• Customize, analyze and improve our Services, technologies, communications and relationship with you;
• Process and respond to any complaint made by you;
• Prevent fraud and other prohibited or illegal activities;
or
• Otherwise, as disclosed to you at the point of collection.
c. Subcontractors
Fujitsu may engage sub-contractors (i) for the services provided within Fujitsu Media Portal, (ii) to work anonymously for purposes of statistical evaluation and quality assurance, or (iii) where agreed, as sub-processors for the processing of Personal Data in accordance with Article 28 para. 4 GDPR. Such subcontractors may be located outside of the European Economic Area).
Fujitsu has mandated the agency DEKKON GmbH, Germany to offer you detailed help and advice on how to use the Fujitsu Media Portal. Further information on sub-contractors engaged by Fujitsu is available upon request, if not already included in the publications of Fujitsu. To the extent Fujitsu relies on the services of subcontractors for the processing of Personal Data, Fujitsu shall remain responsible for the performance of all its obligations under the dedicated services provided within the Fujitsu Media Portal. In any case, when employing subcontractors for deliveries or the performance of services, Fujitsu is obliged to impose the appropriate obligations as per these Terms of Use also on the subcontractors.
d. What is needed from your side
(1) Concerning legal compliance
You undertake and agree to comply with all applicable requirements under an applicable law on data protection or data privacy, including (when applicable) the General Data Protection Regulation (EU) 2016/679, including any applicable amendment, re-enactment or replacement of it from time to time (“GDPR”) and any applicable EU Member State implementation laws of it.
(2) Concerning your customers and/or suppliers
Please make sure that all legally required prerequisites (e.g. by obtaining declarations of consent from your customers or suppliers) have been established to such an effect that Fujitsu can also provide the agreed services within the Fujitsu Media Portal free from any legal infringements.
(3) Concerning your employees and subcontractors
Please inform your personnel and other persons, who you involve in the performance of the agreed services within the Fujitsu Media Portal accordingly to these Terms of Use. Where you engage third parties in connection with the processing of Personal Data, you will remain fully liable for your obligations under these Terms of Use and use only reliable and suitable third parties; So please ensure that any such third parties comply with your obligations under these Terms of Use, maintain records of any such engagement including contact details, scope of services and term, and upon request, inform Fujitsu about such third parties (including contact details and terms of engagement)
e. Security
Please inform Fujitsu without undue delay, but in any event within 48 hours, after you become aware of any breach of the obligations under these Terms of Use or any breach of security leading to an accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data. Please provide such information and documentation as well as access to facilities and records as Fujitsu may reasonably require to review and audit compliance with your obligations under these Terms of Use.
11. Jurisdiction / Applicable Law
Fujitsu makes no representation that information on the Fujitsu Media Portal and the Media Library, incl. the Content, are appropriate or available for viewing or downloading at locations in other countries world-wide. Any and all users are themselves exclusively responsible for compliance with all applicable local laws. Access to the Fujitsu Media Portal's information and the Media Library’s Content from countries, where such content is unlawful is expressly prohibited.
These Terms of Use shall be governed by German law. The application of the United Nations Convention on the International Sale of Goods (CISG) shall be excluded.
These Terms of Use shall not change any of the contractual agreements between Fujitsu and you, but instead only offer you additional features and services. Thus, should you already have a written contractual agreement with Fujitsu, any such written contractual agreement shall remain valid and only in the event and to the extent of any conflict between such written contractual agreement and these Terms of Use the written contractual agreement shall have precedence. In case there is not a conflict, but the written contractual agreement is silent on issues, which are addressed in these Terms of Use, these Terms of Use shall apply.
12. Compliance/ Ethical Standards
Fujitsu is committed to an ethical and responsible conduct in its business operations, which respects the rights of the individuals and the environment.
At a minimum Fujitsu requires you to comply with all applicable laws and regulations applicable to its business as well as with Fujitsu’s Global Business Standards (see: http://www.fujitsu.com/global/about/philosophy/codeofconduct/gbs/ )) and any other relevant rules provided by Fujitsu. You should support the principles of the Universal Declaration of Human Rights, United Nations Global Compact, the International Covenant on Civil and Political Rights, the International Covenant on Economics, Social and Cultural Rights, and the International Labor Organization's Declaration on Fundamental Principles and Rights at Work. You shall especially:
- not use child labor or forced or involuntary labor of any kind;
- treat all your employees with dignity and respect and not use corporal punishment or threats of violence or other physical or mental abuse;
- comply with the respective national laws and regulations regarding wages, working hours and benefits;
- not discriminate in hiring and employment practices whether based upon race, religion, age, nationality, social or ethnic origin, sexual orientation, gender, disability or political opinion;
- provide your employees with a safe and healthy workplace (and where applicable any housing provided for employees) in compliance with applicable laws and standards and ensure reasonable access to drinkable water and sanitary facilities, adequate lighting and ventilation and fire safety;
- be prepared for any disruptions of your business (e. g. natural disasters, terrorism, software viruses, illness, infectious diseases);
- comply with all applicable anti-corruption laws and regulations, including but not limited to, the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act of 2010 and the laws and regulations of where you reside or do business in connection with the transaction(s) contemplated by the parties and in connection with any other business transactions involving you and Fujitsu;
- review the rules, restrictions and principles herein and agree to take appropriate steps to ensure compliance therewith by all of your directors, officers, and employees who will perform services in connection with transaction(s) contemplated by you and Fujitsu and in connection with any other business transactions involving you and Fujitsu;
- warrant and represent that you have no government official as your director, officer or controlling shareholder or as employee who will perform services for Fujitsu and that no government official has a controlling interest in your company and you shall immediately notify Fujitsu in writing if such warranty or representation is no longer true;
- covenant that you have not and shall not, in all activities in connection with the performance of of the Fujitsu Media Portal and its sub-pagess or any other transaction(s) contemplated by you and Fujitsu, directly or indirectly, offer or pay, promise to pay or authorize such offer or payment of any money or anything value to any individual, including a government official, for the purpose of influencing, inducing or rewarding any act or omission of an act to secure an improper advantage or to improperly acquire or preserve or obtain business;
- comply with all applicable environmental laws, regulations and standards as well as implement an effective system to identify and eliminate potential hazards to the environment.
- not instruct, cause or permit any third party to violate the conditions set forth in this section on your behalf or on Fujitsu`s behalf;
- comply with all applicable foreign trade laws and export control regulations as well with the corresponding sanction lists and anti-money-laundering laws and regulations.
You shall take adequate measures to ensure that the provisions of this section are communicated to your employees including the posting of the requirements of this section in the local language in a place easily accessible to all employees. Furthermore, you shall use best efforts to forward the contents of this section to your suppliers and customers, even if they are purchasing products from you for resale purposes only, such as reseller, retailer or other dealers and to convince them to meet the principles and requirements of this section. You shall inform Fujitsu of the measures you adopted to ensure compliance with the rules, restrictions and principles herein, on Fujitsu’s request.
In the event of a failure to comply with any provision of this section, you shall notify Fujitsu immediately in writing.
You agree to keep accurate books, accounts, records, contracts, invoices, emails and other electronic files and accompanying documentation (collectively, hereinafter “Documents”) in connection with the transaction(s) contemplated by you and Fujitsu and in connection with any other business transactions involving you and Fujitsu. Fujitsu reserves the right to audit the Documents by itself or by outside auditors acting on Fujitsu’s behalf, upon notice. You agree to fully cooperate in any such audit.
Fujitsu may terminate any agreement with you (including your use of the Fujitsu Media Portal and its sub pages), or suspend or withhold payment effective immediately upon written notice to you, if it has a good faith to belief that you have breached, or have caused a breach of the provisions of this section. Fujitsu will not be liable for any claims, losses, or damages arising from or related to failure by you to comply with the provisions of this section or related to the termination of any agreement between you and Fujitsu because of an infringement of the provisions of this section. You shall indemnify and hold Fujitsu harmless against any claims, losses, or damages caused by a failure of you to comply with the provisions of this section.
Terms of Use Fujitsu Media Portal, Ver. 1.1
February 2020
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