Outokumpu Brandtool - Terms of Use

1. General

Outokumpu Oyj and Outokumpu Group appreciate your interest in our products and your visit to our Brandtool.

This is an agreement (hereinafter "Agreement”) between you and Outokumpu Oyj (hereinafter "Outokumpu") regarding the use of the Outokumpu Brandtool (hereinafter the "Brandtool").

The images, videos and other digital materials appearing in the Brandtool (hereinafter collectively "Brandtool Material") are only being made available for the permitted purposes of use defined below.

Outokumpu may change Brandtool Materials or the terms of use of the Brandtool at any time without prior notification or obligation by posting changes online at Brandtool. Therefore, you should review the terms of this Agreement regularly (when using the Brandtool) to ensure you are aware of any changes to the terms of use. Your continued use of the Brandtool after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

This Agreement does not alter, diminish or otherwise amend the validity of other terms and conditions applicable to Outokumpu’s other web or similar services, and when using those services you must always comply with the terms and conditions of use of such services.

If any term or provision of this Agreement should be or become invalid or ineffective, this shall not affect the validity of the Agreement as whole.

2. Ownership and Rights to Materials

All rights to the Brandtool Material are owned by Outokumpu or third parties. You will be granted a non-exclusive and non-transferable right to use the Brandtool Material, but your right to use the Brandtool Material is limited by the terms of this Agreement as applicable in each case. All trademarks and logos identifying Outokumpu or its products, or third parties and their products are subject to copyright, design rights, trademarks and other possible intellectual property rights of Outokumpu and/or third parties. The only rights granted by this Agreement is the right to use the Brandtool Material in accordance with this Agreement and nothing contained herein shall be construed as a grant by implication or otherwise of any license or right to use any trademark, patent, design right or copyright of Outokumpu or any third party.

The user is not entitled to make any modifications, amendments, alternations or changes to any Brandtool Material. Furthermore, the user is not entitled to use Brandtool Material for any inappropriate purposes including, but not limited to, libelous, immoral, fraudulent or otherwise unlawful uses. For clarity, Outokumpu shall not have any liability for infringements of intellectual property rights or any other rights of third parties that you may commit by a conduct breaching these terms of use.

3. Permitted Use of the Brandtool Material

Brandtool Materials may be used in accordance with the terms of this Agreement applicable separately in each case for each material. The user shall in each case prior to use check any possible restrictions in the terms of use and other rights for the specific material. Special restrictions in the terms of use may be included in the metadata of an image or other material.

Brandtool Materials may be used in printed materials and electronic media by Outokumpu's authorized partners solely for the purpose of selling, marketing, advertising or otherwise promoting Outokumpu and its products and by the representatives of press and media solely for editorial purposes in connection with articles and publications regarding Outokumpu. No other uses of any Brandtool Material are permitted under this Agreement. Brandtool Materials shall always be used in a way that does not harm the reputation of Outokumpu.

Under this Agreement it is strictly forbidden and unauthorized to display Brandtool Material in a way that it is intended to be downloaded; sell, rent, loan, give or otherwise transfer the rights to use Brandtool Material: use the images or accompanying material in a way other than described in the above permitted uses and/or instructed by Outokumpu.

4. No Warranty. Limitation of Liabilities

Pursuant to the use of the Brandtool, Outokumpu is liable neither for the quality characteristics of the pages involved nor for their suitability for any particular purpose. The information in Brandtool is provided “as if”, and Outokumpu cannot and does not give any warranties or representations or give any undertakings, either express or implied, about accuracy, validity, timeliness or completeness of any information or data made available herein and expressly disclaims any warranties of merhantability or fitness for a particular purpose. Outokumpu shall in no event be liable to any party for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Brandtool. This includes without limitation any lost profits, business interruption or loss of programs, even if we expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties in which case the above will not apply in such jurisdictions.

Moreover, Outokumpu is not liable for any disruption or discontinuance in the availability of the Brandtool. Neither Outokumpu, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Brandtool, or resulting from the act or omission of any other party involved in making this Brandtool or the data contained herein available to you, or from any other cause relating to your access to, inability to access, or use of the Brandtool or Brandtool Materials, whether or not the circumstances giving rise to such cause may have been within the control of Outokumpu or of any vendor providing software or services support. In no event will Outokumpu, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Outokumpu or any other party have been advised of the possibility thereof.

5. Indemnification

You agree to indemnify and hold Outokumpu (and its employees, directors, partners and suppliers) harmless against any damage or liability of any kind arising from any use of Brandtool and/or Brandtool Material other than the permitted use described above. When using Brandtool Material you agree to act in accordance with any applicable laws and regulations.

6. Governing law and settlement of disputes

This Agreement shall be governed by and construed in accordance with the laws of Finland.

Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by a competent public court with jurisdiction within the domicile of Outokumpu.