Terms of Use for the Customer Portal / Website

I. Scope


1.     
These Terms of Use apply to the use of the customer portal and website operated by Delta Energy Systems (Germany) GmbH ("DELTA ENERGY SYSTEMS") and the information, services and products available on this portal / website.

2.      The products and services of DELTA ENERGY SYSTEMS are governed by the General Terms of Delivery of DELTA ENERGY SYSTEMS as well as other licensing conditions to which the customer agrees upon retrieval of a product.

3.      The information, services and products in the customer portal / website are intended for businesses (pursuant to Paragraph 14 of the German Civil Code) as well as consumers (pursuant to Paragraph 13 of the German Civil Code) unless stipulated otherwise in these Terms of Use or upon provision of the information, services and products of DELTA ENERGY SYSTEMS.

4.      Any other conditions of the customer are not valid unless explicitly approved by DELTA ENERGY SYSTEMS in writing.

II.      General rules of use

1.      DELTA ENERGY SYSTEMS explicitly reserves the right to close access to the customer portal / website on a temporary or permanent basis.

2.      The customer must use the customer portal / website in the proper fashion. In particular, the customer must comply with the conditions stipulated here.

3.      The customer must ensure that its use of the customer portal / website does not damage or disrupt the portal / website in any way. If DELTA ENERGY SYSTEMS incurs damages resulting from improper use of the customer portal / website, the customer must compensate DELTA ENERGY SYSTEMS for such damages. DELTA ENERGY SYSTEMS also reserves the right to block access to the customer portal / website if misuse of the customer portal / website is suspected.


III.   
Services requiring prior registration

1.      Customers must register before utilizing the products and services of DELTA ENERGY SYSTEMS. The information, products and services of DELTA ENERGY SYSTEMS that require prior registration to access are specified in these Terms of Use or indicated on the websites of DELTA ENERGY SYSTEMS.

2.      During the registration process, the DELTA ENERGY SYSTEMS portal displays a registration form. By submitting the completed electronic form, the customer reconfirms their acceptance of these Terms of Use and those of DELTA ENERGY SYSTEMS.

3.      After checking the registration form, DELTA ENERGY SYSTEMS provides the customer with personal log-in credentials consisting of a user name and password (log-in credentials). The customer must change the password immediately after receiving it. The password must be at least eight characters long and alphanumerical. Log-in credentials must be protected from access by third parties.

4.      The customer is responsible for all activities of users logged on with its log-in credentials. If the customer's log-in credentials are misused or the customer suspects such misuse, the customer must change its log-in credentials immediately and notify DELTA ENERGY SYSTEMS.

5.      DELTA ENERGY SYSTEMS reserves the right to block the customer's access or delete its log-in credentials at any time. In particular, this may be considered if there are reasons to suspect misuse of the customer portal.

6.      The customer can request to have its log-in credentials deleted at any time without specifying a reason, as long as this does not conflict with any statutory provisions.

IV.    Software products and solutions

1.      General information

a.      DELTA ENERGY SYSTEMS offers a full range of solar power inverters, software products and solutions as well as services. This includes the software products and solutions mentioned in this Section that can be downloaded free of charge following registration (in accordance with Section III of these Terms of Use) and used within the scope and intent of these Terms of Use.

b.     The software products and solutions that are available as free downloads and specified below in this Section (IV) are the copyrighted creations of DELTA ENERGY SYSTEMS. Following registration in accordance with Section 3 of these Terms of Use, the customer will be granted non-exclusive, non-transferrable and non-sub licensable rights to the downloaded software. Any other use of the software, especially copies beside of the download process, distribution, publication or modification or editing (beyond the specified scope of configuration) is prohibited without the explicit written consent of DELTA ENERGY SYSTEMS.

2.      Product Details

a.      SOLIVA Monitor

 

DELTA ENERGY SYSTEMS provides its customers with the SOLIVA Monitor, a free-of-charge, turn-key monitoring system for photovoltaic systems. Customers can use SOLIVIA Monitor (http://www.solivia-monitor.com/) following registration and acceptance of the license agreement for the product. For more information about the SOLIVIA Monitor and the SOLIVIA GW Gateway, visit http://www.solar-inverter.com/eu/en/2192.htm.

b.     Solar Inverter Service Software

DELTA ENERGY SYSTEMS also offers the Solar Inverter Service Software, which allows installers of solar power systems to monitor photovoltaic systems and configure power inverter parameters. The r Solar Inverter Service Software is a tool for professional installation of the SOLIVIA Solar Inverter from DELTA ENERGY SYSTEMS. The Solar Inverter Service Software is offered as part of a kit consisting of a custom Delta RS485 cable and a USB/RS485 adapter. This kit can be purchased from DELTA ENERGY SYSTEMS or its subsidiaries or partners. The accompanying software can be downloaded for free at http://www.solar-inverter.com/eu/en/474.htm following registration. For more information about the Service Software, visit http://www.solar-inverter.com/eu/en/474.htm.

c.      SOLIVIA PV Planner

DELTA ENERGY SYSTEMS also offers the SOLIVIA PV Planner as a free download on the customer portal. The SOLIVIA PV Planner is a program for technical planning of solar power systems and can be downloaded from the www.solar-inverter.com website of DELTA ENERGY SYSTEMS or used online following acceptance of additional terms of use (liability disclaimer). For more information about the SOLIVIA PV Planner, visit http://www.solar-inverter.com/eu/en/475.htm.

V.     Other Services

1.      Warranty extension

a.      Upon the customer's request and provided all conditions for eligibility have been met, DELTA ENERGY SYSTEMS will extend the lifetime of the standard warranty from 5 to 10 years, free of charge, for all European SOLIVIA String Inverter models purchased from DELTA ENERGY SYSTEMS or its partners or distributors after May 1, 2011. The invoice date of the consumer will serve as the reference date.


b.    
The customer can apply for a warranty extension by logging into the company website (http://guarantee.solar-inverter.com/en-EN with the log-in credentials and submitting the invoice document. Following successful application for the warranty extension and acceptance of the warranty conditions, DELTA ENERGY SYSTEMS will provide the customer with a certificate to confirm the extension of the warranty.


c.     
The standard 5-year warranty for the SOLIVIA CM and CS Central Inverter product lines will remain unaffected.

2.      Newsletter

a.      DELTA ENERGY SYSTEMS also offers a free e-mail newsletter. By subscribing to the newsletter, customers can stay abreast of DELTA ENERGY SYSTEMS' latest products, latest research on power supply solutions as well as events and seminars.

b.     The customer will only receive the DELTA ENERGY SYSTEMS newsletter if the customer has granted DELTA ENERGY SYSTEMS its express consent to send the newsletter. To receive the consent of the customer, DELTA ENERGY SYSTEMS uses a "double opt-in procedure," meaning DELTA ENERGY SYSTEMS will not send the customer a newsletter unless the customer requests one by clicking a confirmation link in an e-mail notification sent separately by DELTA ENERGY SYSTEMS. The customer may revoke its consent to receive the newsletter at any time and unsubscribe from the newsletter. To do this, the customer can use the contact information supplied on the website or cancel the subscription using the link at the end of the newsletter.

VI.    Intellectual property rights

1.      The text, images and graphics as well as the software downloads and other content available on the customer portal ("portal content") are protected by copyright and other intellectual property rights.

2.      DELTA ENERGY SYSTEMS will grant the customer only those rights to the portal content that are necessary for proper use of the customer portal.

3.      Unless explicitly permitted by these Terms of Use or explicitly approved in writing by DELTA ENERGY SYSTEMS, portal content may not be duplicated, distributed, made public, modified or edited.

 

VII. Liability for external content

 

Despite careful content monitoring, we cannot assume liability for external links as we are not involved in transmitting this information, selecting the recipients of this information and selecting or changing the information transmitted in this way.


VIII. 
Data privacy

 

The data privacy statement on the DELTA ENERGY SYSTEMS website is part of these Terms of Use.


IV.
Final provisions


1.   
DELTA ENERGY SYSTEMS reserves the right to change these Terms of Use at any time.

2.     If the customer is a merchant, legal entity or corporate body under public law, any disputes arising hereunder will be settled before a competent court of law in Soest, Germany, the headquarters of DELTA ENERGY SYSTEMS. However, DELTA ENERGY SYSTEMS reserves the right to settle disputes in a different court of law.

3.     Unless otherwise agreed in writing, the place of performance for all contractual obligations in these Terms of Use will be Soest.

4.     These Terms of Use are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG), enacted on April 11, 1980, does not apply to these Terms of Use.

5.     Should a provision of these Terms of Use be or become invalid, the validity of the other provisions will not be affected. The contracting parties must replace the invalid term by a mutually agreed term that comes as close as possible to the business intent of the invalid provision. This stipulation also applies to any loopholes in the provisions of these Terms of Use.

 

Terms of use


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