1. Scope

For the time being, “bizhub Evolution” is intended for the exclusive use of commercial customers within Germany. Any use by companies which do not have a registered office in Germany is restricted. Every use of bizhub Evolution and the services offered on bizhub Evolution are subject to the following terms of use. Upon accessing bizhub Evolution – including the commissioning of Services –, the User agrees to the validity of these Terms of Use in its current version. Should the User disagree with all or individual conditions stated herein, the use of bizhub Evolution is to be discontinued and the commissioning of Services to be abstained from. Konica Minolta reserves the right to change or update the Terms of Use at any time without notice.

2. Services

The contents and information offered on bizhub Evolution, i.e. the Services to be commissioned, serve the commercial purposes of Konica Minolta. Konica Minolta offers these Services to commercial customers (the “Customers”) for use by their employees (the “Users”). The software necessary for the performance of a User´s request is not downloadable but operated as a Service (“SaaS”). Therefore, neither Customer nor User acquires any further express or implied rights or licenses to the underlying software (incl. patents, trademarks, copyrights or other proprietary or intellectual property rights) other than the entitlement to commission and receive a particular Service through bizhub Evolution. The Services and any other contents, i.e. text, images, graphics, sounds and layout, on bizhub evolution are copyrighted or otherwise protected by the laws of (intellectual) property. Any product names, brands and company names are trademark protected by their respective holders. The use of any such contents other than as described in these Terms of Use is restricted, if not expressly consented to by Konica Minolta in writing. The User will be able to see all offered Services in the shop section on bizhub Evolutions but can only commission those Services which have been subscribed by the Customer´s admin and assigned to him/her. The User can send a request for subscription or assignment to his/her admin directly via bizhub Evolution. Konica Minolta and the respective proprietors of the software underlying individual Services reserve to set out supplementary conditions which shall – in case of conflict – take precedence over these Terms of Use. Those supplementary conditions, if any, will be provided upon commissioning the respective Service. Konica Minolta reserves the right to discontinue or limit the operation of bizhub Evolution and the Services at any time and in its sole discretion. Konica Minolta assumes no liability for permanent, uninterrupted or unaltered availability of bizhub Evolution or any individual Service.

3. Customer´s and User´s Obligations and Indemnification

The User is obliged to abide by all applicable laws, these Terms of Use and, if applicable, the supplementary conditions for individual Services when using bizhub Evolution and any of its contents. In particular, the User shall not misuse bizhub Evolution for the infringement of third parties´ proprietary rights. This includes the restriction to copy, reproduce, multiply, transcribe to a different format and commercially exploit any protected material of third parties without the respective proprietor´s authorization. The User must not apply mechanisms, software or other routines and measures which could cause damage or disruption to bizhub Evolution. As described in clause 2, bizhub Evolution is directed at Konica Minolta´s commercial customers. Therefore, it is in the responsibility of the Customer to monitor and ensure compliance of its Users with this clause 3. The Customer shall defend, indemnify and hold harmless Konica Minolta from and against any and all claims and liabilities, regardless of the form of action, arising out of or in connection with any of its Users´ violation of this clause 3. It is in the responsibility of the Customer to provide for appropriate security measures in terms of virus and malware protection etc.

4. Registration / Password protection

The registration of a Customer´s account is initiated through a registration request of such Customer´s admin which needs to be sufficiently authorized to represent and legally bind the Customer. Konica Minolta will only grant admission to bizhub Evolution upon successful performance of a credit check. For registration purposes the Customer is required to give accurate information and keep it up-to-date at any time. Konica Minolta reserves the right to (i) deny registration to any Customer, (ii) deny access to registered Customers or (iii) delete a Customer´s account in any of the following or comparable cases: a) the Customer having used false registration data; b) the Customer or any User within the Customer´s organization having violated these Terms of Use; c) the Customer or any User within the Customer´s organization having violated any applicable laws in the course of or in connection with the use of bizhub Evolution; d) the Customer or any User within the Customer´s organization having submitted inappropriate – i.e. obscene, offending, violent, racist, sexual or the like – content for the processing of a Service. User accounts are created by the Customer´s admin. Bizhub Evolution will automatically generate passwords and assign those to the newly created accounts. It is the Customer´s and each User´s strict obligation to immediately change the default passwords to individual passwords of their choice. Konica Minolta assumes no liability concerning the misuse of the Customer´s or User´s password by any unauthorized third party. It is in the Customer´s and User´s sole responsibility to ensure the confidentiality of their passwords, including e.g. the change of the password from time to time, the inaccessibility to any unauthorized third parties and the log-out after each session. If the Customer or User becomes aware of any misuse of his/her data, the affected User him-/herself or the Customer must inform Konica Minolta immediately in writing and/or via e-mail. Konica Minolta will in such a case deny any access to bizhub Evolution from the affected account until and unless being instructed otherwise by the User or Customer in writing.

5. Warranty, Liability

Bizhub Evolution reflects the status of information and technology available at the time of publication. Konica Minolta expressly excludes all implied warranties of merchantability and fitness for a particular purpose. Subject to the following, neither Konica Minolta nor its employees shall be liable for any damages or disadvantages, of whatever nature, the User or Customer may experience during the use or in connection with the use of bizhub Evolution and the Services. Should Konica Minolta or any of its employees culpably infringe upon a fundamental obligation towards the User or Customer, liability shall be limited to typically occurring and foreseeable damages. The foregoing liability limitation does not apply to cases in which Konica Minolta is fully liable in accordance with applicable statutory requirements, i.e. in case of damages (a) due to intent or gross negligence; (b) to life, body and health; or (c) based on the applicable product liability act.

6. Links to Websites

In some parts of bizhub Evolution, the User may be directed to third-party websites through hyperlinks. Konica Minolta has no influence on the current or future contents of websites, which are under the control of third parties. Therefore, Konica Minolta does not assume any responsibility for the contents of such third-party websites. The use of such websites is at the sole risk of the User. Konica Minolta shall not be held liable for any third-party contents unless Konica Minolta was aware of them before setting the hyperlink.

7. Data Protection

Konica Minolta collects, uses and processes personal data only to the extent necessary for the provision of the Services. Any data processing for other purposes will not occur, if not justified by statutory law or upon the User´s express consent. The User may revoke his/her consent at any time by so notifying Konica Minolta.

8. Governing

Law, Venue The use of bizhub Evolution and these Terms of Use shall be subject to the laws of Germany. In case of the Customer, and if the User is a merchant within the meaning of the German Commercial Code (HGB), any disputes related to the use of bizhub Evolution shall be settled before the competent court in Hanover, Germany.