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FIELD system Partners Web Terms of Use
FANUC Corporation (“FANUC” or “Company”) provides an open software platform named “FANUC Intelligent Edge Link Drive system” (“FIELD system”) and provides for membership services to Users through the website [https://portal.field-system.org/portal-eu/] (hereinafter referred to as "Site"). The following are the “Terms of Use” of the Site (“Terms). Your signature below indicates your agreement and consent to the Terms on behalf of yourself (“User”) and the entity you represent (“Customer”). Please read and review these Terms carefully prior to signing below.
Acceptance of an application to become a User of the Site is EXPRESSLY MADE CONDITIONAL UPON USER’S ASSENT TO THESE TERMS, and these Terms constitute binding terms and conditions between FANUC and User and Customer with regard to Use of the Site. If User or Customer at any time objects to these Terms, access to the Site and use of the FIELD system must be discontinued immediately and the Company must be notified in writing within seven (7) days.
Article 1 (Scope)
1. These Terms shall apply when User uses the membership service (hereinafter referred to as "Service") provided on the Site operated by Company.
2. Any additional terms of use or disclaimers regarding the use of the Service, the Site, or Products shall be effective upon Company’s notification to User or Customer.
Article 2 (Definitions)
Except as otherwise provided by Company, the terms herein are as defined below:
(1) "Product" means any information or tangible product, including, but not limited to, data, files, information, parts, components, or software, provided for a fee or free of charge through the Service.
(2) "User" means a person who is issued an ID required to use the Service in accordance with Article 5.
(3) "User Account" means authorization from Company for a User to use the Service.
(4) "User ID" means the e-mail address that a User registers as a personal ID to use the Service.
Article 3 (Amendment of These Terms)
The Company may, at any time and at its sole discretion, amend these Terms and User hereby agrees that the amended Terms shall apply to the use of the Service by User.
Article 4 (Issuance of User ID)
1. When the Company receives an application from a person who agrees to these Terms and wishes to obtain a User Account (hereinafter referred to as "Applicant"), the Company may, at its sole discretion, grant a User Account, issue a User ID, and allow the use of the Service to Applicant. These Terms shall take effect upon the issuance of a User ID.
2. Company may issue a User Account and a User ID free of charge or may charge a User.
3. The Company may decline to issue a User ID to an Applicant or cancel a User ID, at its own discretion, for the following reasons that are exemplary but not limiting:
(1) The Applicant makes a false statement or representation at the time of application for a User Account;
(2) It becomes technically difficult for Company to provide the Service;
(3) The Applicant is in current breach of any of the Terms or has breached any of the Terms in the past; or
(4) When maintaining the User Account would interfere with the Company's business operations or would otherwise be considered inappropriate by the Company.
4. In the event of any change or correction to the information that the Applicant provided to the Company in Applicant’s application, the corresponding User shall promptly register the change or correction on the Site. The Company shall bear no responsibility for any damage, loss, or harm to User in the event of an error, omission, false statement, or delay in the registration of User’s information or updated information.
Article 5 (Management of User ID, etc.)
1. User shall not disclose, lend, or share a User ID or password (hereinafter referred to as "User ID, etc.") with any third party, and shall strictly manage (including password changes as appropriate) such User ID, etc. to prevent the same from being obtained or obtainable by third parties. The Company shall assume no responsibility in the event the User or a third party incurs damages, losses, or harm due to the insufficient management, misuse, compromise, or unauthorized use by third parties of the User ID, etc.
2. Users shall not assign to or otherwise sublicense to, or enable the use by, any third party of the Service or the rights User acquires under these Terms. In addition, any information, data, software, code, or other works provided by the Company to User through the Service are made available only to such User and User shall not allow any third party to use the information, data, software, code, or other works provided by the Company without the prior written consent of the Company.
3. In the event that a third party uses the Service by using the User ID, etc., such act of use shall be deemed to be an act by the relevant User, and the User shall bear full responsibility for consequences of the same.
4. If the Company incurs any damage in connection with, or due to, a User's use of the User ID, etc., the User shall compensate Company for such damages; provided, however, that this shall not apply to cases where the User ID, etc. is used by a third party due to the willful misconduct or negligence of the Company.
Article 6 (Prohibited Matters)
Users shall not conduct or otherwise engage in any of the following acts when using the Service:
(1) Becoming a member for the main purpose of collecting information;
(2) Using the Service for profit-making purposes or for purposes other than User’s own use, or conducting business activities by using the Service;
(3) Sublicensing or otherwise providing any rights under these Terms to a third party;
(4) Illegally acquiring or using, or causing to be acquired or used, the User ID, etc.;
(5) Engaging in an act that infringes, or is likely to infringe, or causes or contributes to the infringement of any intellectual property right, including but not limited to, a copyright or rights under trademark, trade secret, or patent, or any other right of the Company or a third party;
(6) Engaging in an act that obstructs or interferes with the provision of the Service by transmitting computer viruses, spam e-mail, malicious code, or other materials detrimental to the operation of computer hardware, software, code, programs, and the like;
(7) Engaging in any act that furthers or otherwise leads to a criminal act;
(8) Engaging in an act of slandering the Company or a third party, or damaging the reputation or credit of the same;
(9) Engaging in an act of accessing the Company's or a third party's servers, equipment, or facilities for the Service without authorization;
(10) Engaging in any other act that the Company considers to be inappropriate or unreasonable based on reasonable grounds; or
(11) Engaging in an act that violates laws or regulations, these Terms, public order or morals, or an act that interferes with the operation of the Service or would be harmful to the Company or third parties.
Article 7 (Cancellation or Termination of Use Registration)
If the Company determines that a User falls within any of the conditions in Article 6 or under any of the following conditions, the Company may terminate such User's use of the Service and cancel or terminate these Terms, without any notice or liability for such cancellation or termination:
(1) When the User commits an act that breaches these Terms; or
(2) When the Company otherwise determines that it is inappropriate for the User to continue to use the Service.
Article 8 (Termination by User)
If a User wishes to terminate these Terms, the User shall notify the Company; provided, however, that the User may not be able to delete the User Account unless the User properly terminates these Terms of use. Further, even after the User Account is deleted, the Company may retain, for a period of time to be determined by the Company, the information provided by the User that was granted the User Account.
Article 9 (Discontinuation and Termination of the Service)
1. User acknowledges that the Company may unconditionally discontinue or terminate use of the Service, in whole or in part, by giving User prior notice.
2. Notice of the discontinuation or termination of the Service by the Company shall be given through the Site or by a method separately prescribed by the Company.
3. Users acknowledge that the Company may discontinue providing the Service in the following circumstances:
(1) The Service cannot be made available due to force majeure, such as natural or manmade disasters, due to cybersecurity intrusion, labor disputes, or such other circumstances that make it impractical for the Company to provide the Service;
(2) The maintenance or construction of facilities for the provision of the Service is or becomes impractical for the Company; or
(3) It is necessary to discontinue the Service temporarily or permanently for operational or technical purposes.
Article 10 (Handling of Personal Information)
1. The Company shall manage personal information provided by Users to the Company in connection with an application to use the Service in accordance with the "Privacy Policy" posted on the Site.
2. The Company may use the personal information of User within the scope of the purposes set forth below:
(1) To provide the Service requested by User;
(2) To conduct a survey as may be useful in improving the services provided through the Service;
(3) To collect and analyze information regarding the use of the Service as may be useful in improving the services provided through the Service;
(4) To provide Users or Customers with information that Company considers useful thereto, such as that concerning the Products and support services of the Company or its subsidiaries, affiliates, or partner companies;
(5) To contact a User in order to obtain the User's consent, if needed, to the handling of the User's personal information, and to use the personal information for the purposes of use for which the User's consent has been obtained; and
(6) To use the personal information in the Company's FIELD system, FA, robot and robotics businesses to perform contracts, provide Products and services, and other information believed by the company to be useful.
3. The Company may authorize a subcontractor to handle the personal information of User to the extent necessary for the purposes of use prescribed in the preceding provisions.
4. Except with the consent of a User or as permitted by this Article 10, the Company shall not use the personal information of User for any profit-making purpose and shall not intentionally disclose or provide the same to any third party other than a subcontractor as stipulated in this Article 10.
Article 11 (Limitation of Liability)
1. The Company makes no warranty of any kind with respect to the Product obtained by User using the Service.
2. With respect to the Service, the Company makes no warranty of any kind as to its accuracy, legality, usefulness, or fitness for the purposes of use intended or expected by User.
3. In the event that data, files, information, etc., stored on a server or other equipment when a User uses the Service is lost, corrupted, becomes unavailable in whole or in part, or is altered by a third party, the Company shall make a good faith effort to recover such data, files, information, etc., as is reasonably and technically possible as determined solely by the Company. The Company shall have no liability for claims made by the User or a third party for harm, loss, or direct, indirect, or consequential damages caused by such loss, corruption, unavailability, alteration, etc.
4. In no event and under no circumstances shall the Company and its affiliates, subcontractors, directors, officers, employees, or agents be liable for any harm, loss, or direct, indirect, or consequential damages arising from causes not attributable to negligence on the part of the Company or arising from actions or claims by a third party.
Article 12 (Governing Law)
The establishment, validity, implementation, and interpretation of these Terms shall be governed by the laws of Japan.
I represent and warrant that I have read the Terms and have the right, authority, and capacity to accept and agree to, and do accept and agree to these Terms on behalf of Customer.
END.
Established: April 1, 2017
FANUC CORPORATION
Rules concerning "FIELD system Partner Association"
FANUC Corporation and its affiliates (“FANUC” or “Company”) provides an open software platform named “FANUC Intelligent Edge Link Drive system” (“FIELD system”) and provide for membership services to Users through the website [https://portal.field-system.org/portal-eu/] (hereinafter referred to as "Site").
The following are the Terms of Membership (“Terms”) in an association of Users of the FIELD System (“Association”). Your signature below indicates your agreement and consent to the Terms on behalf of yourself and the entity you represent (collectively “Member”). Please read and review these Terms carefully prior to signing below.
Acceptance of an application to become a Member is EXPRESSLY MADE CONDITIONAL UPON MEMBER’S ASSENT TO THESE TERMS, and these Terms constitute binding terms and conditions between FANUC and Member with regard to membership in the Association. If Member at any time objects to these Terms, access to the Membership and the rights and benefits of being a Member in the Association shall be discontinued immediately and the Company must be notified in writing within seven (7) days.
1. Name:
This Association shall be named "FIELD system Partner Association."
2. Definitions:
(1) "Integrated FIELD system Network" is a generic term for equipment such as CNCs, robots, and industrial machines, including machine tools, peripheral devices, and sensors, etc., their networks, networks between the FIELD system, and networks between the upper levels of the FIELD system, etc., integrated by the FIELD system.
(2) "FIELD system" and "FIELD" are registered trademarks of FANUC.
3. Purpose:
The purpose of this Association is to promote the mutual benefits of interaction between FANUC and Members (see the requirements set forth in paragraph 4) with regard to the expansion and use of the Integrated FIELD system Network.
4. Membership requirements:
Membership requirements shall be as follows:
(1) Being a juridical person;
(2) Agreement with the purposes set forth in paragraph 3; and
(3) Submitting an application for membership in a form prescribed by FANUC and having such application accepted by FANUC. There is no admission fee or annual membership fee.
5. Rights of members:
Members shall have the following rights and benefits with respect to the FIELD system:
(1) Access rights to a members-only website to be provided by FANUC; and
(2) Rights to produce and apply for the registration of application software and device interface software for operation and use on the FIELD system under the following conditions:
(i) The registration of application software and device interface software requires the prior approval of FANUC which approval is solely within the discretion of FANUC.
(ii) The particulars of the prior approval for the registration and sale, etc. of application software and device interface software shall be governed by the provisions of the Terms and other rules separately stipulated by FANUC.
(3) The right to use the following items deemed by FANUC to be necessary for such production and application:
(i) FANUC's technical information and software such as software development kits, and
(ii) Access to a test site to be provided by FANUC
(4) The right to use the "FIELD system Partner" name and logo
6. Withdrawal:
Member may withdraw from this association at any time by informing FANUC of its intention to do so and the reason for its withdrawal.
FANUC may require a member to withdraw from this association if FANUC determines that the member may interfere with the operation of the Integrated FIELD system Network, including breaching these Terms or association rules.
7. Information management:
(1) FANUC shall use the information collected from its members (including personal information) only to improve the functions and quality of the Integrated FIELD system Network and to operate such network, and shall not use the same for any other purpose.
(2) Members shall use the information obtained from this association (including the personal information of members) only to improve the functions and quality of the Integrated FIELD system Network and to operate such network, and shall not use the same for any other purpose.
8. Amendment of these association rules: FANUC may amend these association rules as necessary. FANUC will notify members of the details of amendments by the method prescribed by FANUC.
I represent and warrant that I have read the Terms and have the right, authority, and capacity to accept and agree to, and do accept and agree to these Terms on behalf of Member.
Established: September 21, 2016
Below you will find a summary of our handling of your personal data. You will find detailed information on the handling of your personal data in the privacy policy (https://www.fanuc.eu/be/en/privacy-and-cookie-policy).
Personal data we process:
In particular, your name and your contact data, such as address, e-mail and telephone number, as well as other contract information, such as account data, contract duration, etc.. In addition, we process data through several analytic tools as listed in the privacy policy.
Purposes and legal bases for the processing of your data:
- For the fulfilment of a contract and provision of the website for informational use, Art. 6 Para. 1 lit. b) GDPR.
- To fulfil legal obligations (e.g. storage obligations), Art. 6 para. 1 lit. c) GDPR.
- In order to assert our legitimate interests, Art. 6 para. 1 lit. f) GDPR.
- With your consent e.g. for the sending our newsletter, Art. 6 para. 1 lit. a) GDPR.
Recipients to whom we make your data available:
- Our employees, affiliated companies and service providers with whom we cooperate in order to provide you our services within a contractual relationship and to provide you with the website.
- Authorities, insofar as we are legally obliged to pass on information.
International data transfer to third countries
- As part of the use of Google Analytics on our website, we transfer your shortened IP address to Google and thus to the USA.
- For the performance of the agreement, we might transfer personal data to our Headquarter in Japan
- In all other respects, in particular within the framework of the contractual relationship, no data is transferred to third countries.
Storage period:
We store your data for the duration of the use of our website, the duration of the answering of your question as well as the duration of the business relation and up to the entrance of the statute of limitations of any requirements from the business relation. In addition, we store your data only to the extent that we are legally obliged to do so.
Your rights:
Information, deletion, correction, restriction of processing, objection, withdrawal of consent, data transferability, complaint to a data protection supervisory authority
Obligation to provide data
Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we might not be able to make our website available to you, answer your questions and enter into a contract with you.
Automated decision making / profiling:
We do not use automated decision making or profiling.
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