Terms of Use of the Portal
By clicking the button “I agree to the Terms of Use”, you declare that you have read and understand the following terms of use (hereinafter “Terms of Use”) that govern the use of the website https://portal.neclab.eu/ (hereinafter “Portal”) and that you agree to be bound by them.
If you are accepting on behalf of a company or organization, you additionally represent and warrant that (i) you have full legal authority to act on behalf of and bind that entity; and (ii) you agree, on behalf of that entity, to the Terms of Use. Also in this case you agree to be personally bound by the provisions of the clauses 2 and 3 below.
For the purposes of these Terms of Use, “you” or “your” means hereinafter the individual or legal entity that agrees to the Terms of Use.
1.1. NEC Laboratories Europe GmbH (hereinafter "NEC") is making through the Portal various storage and cooperation resources available to its external partners (hereinafter individually “User” or collectively “Users”) for the purpose of facilitating communication and exchange of information with them in the realm of cooperative activities (hereinafter “Resources”). The use of each one of the Resources is subject to separate terms of use that need to be agreed to by the Users.
1.2. Details about NEC (e.g., authorized representatives, contact details, association register details) can be found in the section “Corporate Information” of the Portal.
1.3. These Terms of Use apply to the use of the Portal.
2.1. In order that you enter the Portal and be able to use the Resources, you need to create an account (hereinafter “Account”). To this end, first you are added upon your request by NEC as a User to one or more Resources. Following this, you receive an invite email with an activation token. The email contains a link to the Account activation site on the Portal. On the Portal, you are prompted to accept these Terms of Use and set an initial Account password. Once you successfully set the password, then the Account will be activated and you may continue with using Resources, provided that you accept the relevant terms of use.
2.2. For accessing the Portal, you need each time to log in the Account, by giving your user name and password (hereinafter "login data"). You are obliged to handle your login data carefully by keeping it secure and confidential to prevent its use by third parties. You are solely responsible for the activity that occurs under your Account. You must notify NEC immediately of any breach of security or unauthorized use of your Account. NEC will not be liable for any losses caused by any unauthorized use of your Account, and you shall be liable for losses incurred by NEC or others due to such unauthorized use. Your account must not be shared, transferred or sold to other parties.
3.1. You agree to abide by applicable laws and in particular not to violate any rights of NEC or third-party rights (e.g., copyright, intellectual property rights, name rights and other personal rights).
3.2. In addition, you may not inter alia:
• install, transmit and/or procure in any way the sending through the Portal of digital viruses and/or any other kind of harmful or destructive files and/or malicious programs designed to destroy or limit the function of software or any telecommunication equipment or inhibit other Users from accessing the Portal;
• perform any actions that may be detrimental to and/or which excessively burden the operation of the Portal or the technical infrastructure behind it;
• attempt to use or distribute tools designed for compromising security or take any action to compromise the security of the Portal;
• copy, scrape, download, export or otherwise capture any content of the Portal and/or store this outside of the system, such as in a separate spreadsheet, email list, database or other external repository without the permission of NEC;
• reproduce, transmit, transfer, lend, rent, lease, distribute the Portal, or incorporate it as part of another service or use it for providing services to a third party, or grant any rights therein to a third party in any form;
• attempt to modify, translate, reverse engineer, decompile, disassemble or otherwise create derivative works from the Portal, or otherwise attempt to discover its underlying code, structure, implementation or algorithms;
• remove, modify or make illegible the designations regarding copyrights and other intellectual property rights found on the Portal;
• access or attempt to access any other User’s account, or attempt to misrepresent your identity when accessing the Portal.
3.3. You agree not to access the Portal by any means other than through the interface provided by NEC for this purpose.
3.4. NEC is entitled at any time, and without prior notice, to block your access to the Portal, if it is suspected that your use is against above rules set forth in clause 3.
4.1. The Portal may include data and information made available by third parties. NEC does not endorse this data and information, nor does it review, monitor, verify or guarantee the accuracy, completeness or timeliness of that information.
4.2. The Portal may contain links to third-party websites that are not owned by, affiliated with or controlled by NEC. NEC has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites not directly affiliated with NEC. In addition, NEC will not and cannot censor or edit the content of any non-affiliated third-party sites. By accessing the Portal, you expressly release NEC from any and all liability arising from your use of any third-party sites.
5.1. The Portal is the property of NEC. You acknowledge and agree that the Portal, including its content (such as graphs, videos, instructions, images) and any necessary software used in connection with the Portal, are proprietary to NEC and/or its affiliates and/or its licensors and are protected by applicable intellectual property and other laws. No proprietary right is granted in any items of the Portal, other than those rights of use expressly set forth herein.
5.2. NEC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Portal in the manner permitted by these Terms of Use solely for the purpose of using the Resources. You may not copy, modify, distribute, sell, or lease any part of the Portal or its underlying software.
5.3. Notwithstanding the foregoing, when the Resources are offered through open-source software platforms, the respective OSS licenses do apply with regard to the underlying code, details of which are to be found in the relevant Resources’ sites.
6.1. NEC has no obligation to offer the Portal and may modify its design and layout at its own discretion at any time with or without notice.
6.2. NEC makes all reasonable efforts for the maintenance and availability of the Portal. However, you acknowledge that the availability of the Portal may be affected by the Users’ equipment, other communication networks, the availability of third parties access services, the high number of Users trying to access the Portal simultaneously or other factors. Therefore, you agree that NEC will not have any liability whatsoever for the failure of the Portal to operate trouble-free.
6.3. NEC is entitled to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance, capacity issues and other events that are not within the power of NEC.
6.4. NEC is entitled to discontinue the operation of the Portal in full or in part at any time, without giving any reasons whatsoever, without claims for damages arising as a result. In the case of the complete discontinuation of the Portal by NEC, your access to the Portal is terminated.
7.1. The Terms of Use become effective from the moment you click the “I Agree to the Terms of Use” button.
7.2. The use of the Portal by you runs indefinitely and can be terminated by you or NEC at any time without observance of a period of notice and without reasons being given in this regard.
7.3. It goes without saying that both you and NEC are entitled to terminate for serious cause. A serious cause for the extraordinary termination by NEC is particularly any violation by you of material obligations set forth in these Terms of Use.
7.4. In particular, in case of serious violations of your obligations (e.g., the violation of copyright or other proprietary rights, etc.), NEC shall be entitled to exclude you from the use of the Portal immediately and without prior notice. NEC reserves the right to initiate civil and/or criminal proceedings, particularly for claiming of damages and/or the filing of a criminal complaint.
The access to the Portal makes the storage, use and processing of your personal data by NEC unavoidable. In particular, personal data necessary to activate and use the Portal are processed by NEC in accordance with the Privacy Notice of NEC to be found at Portal - Data-Privacy Notice (neclab.eu).
The names, marks, logos, devices and designs associated with NEC are and will remain the exclusive property of NEC or its affiliates (collectively, “NEC Trademarks”). You may not use, reproduce, copy, or redistribute NEC Trademarks without the prior written permission of NEC or its affiliates. All other names, marks, logos, devices and designs appearing on the Portal are proprietary to their respective owners. No trademark or service mark appearing on the Portal may be used without the prior written consent of the mark’s owner.
10.1. The Portal is offered by NEC on a best-effort basis. NEC expressly disclaims any warranties. In particular, NEC does not warrant that the Portal will operate in an uninterrupted or error-free manner or that the Portal is free of viruses or other harmful components or that the Portal will meet your requirements.
10.2. NEC will not be liable to you for any loss or damages, either actual or consequential, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, misuse of email or other resources, loss of data, or interruption in availability of data), arising out of or relating to these Terms of Use, or to your use or inability to use the Portal, or to your reliance upon information obtained from or through the Portal. The foregoing limitation does not apply in case of (i) damages to body or health or (ii) intentional or grossly negligent misconduct.
You agree to defend, indemnify and hold NEC, its officers, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use or your use of the Portal, and to fully cooperate in NEC’s defense against any such claims.
12.1. These Terms of Use are found at https://portal.neclab.eu/public/termsAndConditions . You may download and/or store a copy for your files.
12.2. Should one or more provisions of these Terms of Use be or become invalid, the effectiveness of the other provisions shall remain unaffected thereby.
12.3. All matters relating to the Portal and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice or conflict of law provision or rule and shall be submitted to the exclusive jurisdiction of German courts.
12.4. NEC reserves the right to update these Terms of Use at any time. Amendments to these Terms of Use by NEC will be announced through the Portal and will require your explicit agreement for becoming effective.
12.5. NEC’s failure to exercise or enforce any right or provision of these Terms of Use, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or its right to act with respect to subsequent or similar breaches.
12.6. To ask questions or comment about these Terms of Use, you may contact us at: nle-legal@neclab.eu. For any technical questions or problems when using the Portal you may contact us at coreadm@neclab.eu.
