Terms of Use

(as of February 2006)

1. Scope

1.1 Any use of this web site provided by Fidelity Information Services KORDOBA GmbH ("FIS KORDOBA"), FIS KORDOBA Web Site, is subject to these terms of use. These terms of use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the FIS KORDOBA web site these terms of use are accepted in their then current version.

1.2 If the user uses this FIS KORDOBA web site as a business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as an administration customer, § 312e para. 1 sentence 1 no. 1 - 3 and sentence 2 of the German Civil Code does not apply.

2. Services

2.1 This FIS KORDOBA web site contains specific information and software, as well as - as the case may be - related documentation for viewing or downloading.

2.2 FIS KORDOBA may stop the operation of the FIS KORDOBA web site in full or in part at any time. Due to the nature of the internet and computer systems, FIS KORDOBA cannot accept any liability for the continuous availability of the FIS KORDOBA web site.

3. 3. Registration, Password

Some pages of the FIS KORDOBA web site may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. FIS KORDOBA reserves the right to deny registration to any user. FIS KORDOBA particularly reserves the right to determine whether certain sites which were previously freely accessible are subject to registration. FIS KORDOBA is entitled at any time and without having to state a reason to deny the user the right to access the password-protected area by blocking his/her user data (as defined below), in particular if the user
- uses false data for the purpose of registration;
- violates these terms of use or neglects his/her duty of care with regard to user data;
- violates any applicable laws concerning the access to or use of the FIS KORDOBA web site;
- has not used the FIS KORDOBA web site for a longer period.

3.2 During registration, the user shall give accurate information and, where such information changes occur, update such information (to the extent possible online) without undue delay. The user shall ensure that his e-mail address, as supplied to FIS KORDOBA , is current at all times and an address at which the user can be contacted is current.

3.3 The user registers with a user name and a password. FIS KORDOBA assigns him/her a user group from which he/she can connect to the system. User data makes it possible for the user to read and change his/her own data or even to cancel or recall given agreements.

3.4 The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under his/her user data. At the end of each online session the user shall log off from the password protected websites. If and when the user becomes aware that third parties are misusing his/her user data, the user shall notify FIS KORDOBA thereof without undue delay in writing or by e-mail.

3.5 After receipt of the notice under paragraph 3.4, FIS KORDOBA will deny access to the password-protected area connected to these user data. Access by the user will only be possible again upon the user's application to FIS KORDOBA or upon new registration.

3.6 The user may at any time request termination of his/her registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such an event FIS KORDOBA will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

4. Rights of Use ofo Information, Software and Documentation

4.1 The use of any information, software and documentation made available on or via this FIS KORDOBA web site is subject to these terms of use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed upon with FIS KORDOBA . Separately agreed-to license terms shall prevail over these terms of use.

4.2 FIS KORDOBA grants the user a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the user on or via the FIS KORDOBA web site to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by FIS KORDOBA in making the same available.

4.3 Information, software and documentation may not be distributed by the user to any third party at any time nor may it be rented out or in any other way made available. Unless such is allowed by mandatory law, the user shall not modify the software or documentation nor shall it disassemble, reverse develop or decompile the software or separate any part thereof. The user may make one backup copy of the software where necessary to secure further use in accordance with these terms of use.

4.4 The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and conventions related to intellectual property. The user shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices, neither from the information nor from the software, documentation or any copies thereof.

4.5 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these terms of use, information, brand names and other contents of the FIS KORDOBA web site may not be changed, copied, reproduced, sold, rented out, used, supplemented or otherwise used in any other way without the prior written permission of FIS KORDOBA .

5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the user nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

In accessing or using the FIS KORDOBA web site the user shall not
- harm other persons, in particular minors, or infringe upon their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called trojan horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material; additionally, the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2 FIS KORDOBA may deny access to the FIS KORDOBA web site at any time, in particular if the user breaches any obligation arising from these terms of use.

7. Hyperlinks

The FIS KORDOBA web site may contain hyperlinks to the web pages of third parties. FIS KORDOBA shall have no liability for the contents of such web pages and does not take resposibility for or endorse such web pages or their contents as its own, as FIS KORDOBA does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.

8. Liability for defects of title or quality

8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or usability is excluded except for cases involving willful misconduct or fraud.

8.2 The information on the FIS KORDOBA web site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed upon in each case at the time of purchase.

9. Other Liability, Viruses

9.1 The liability of FIS KORDOBA for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these terms of use. Any further liability of FIS KORDOBA is excluded unless required by law, e.g. under the Act of Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet the quality guarantee, fraudulent concealment of a defect or in the case of a breach of fundamental contractual obligations. The damages in the case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.2 Although FIS KORDOBA makes every endeavor to keep the FIS KORDOBA web site free from viruses, FIS KORDOBA cannot guarantee that it is virus-free. The user shall, for his own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the user's disadvantage.

10. Export Controls

10.1 The export of certain information, software and documentation may, for example, due to its nature or intended use or final destination, be subject to authorization. The user shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. FIS KORDOBA shall label information, software and documentation in relation to German and EU export control lists and the U.S. Commerce Control List.

10.2 The user shall particularly check and verify that
- the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
- no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology of U.S. origin;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license;
- no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
- no military consignees shall be supplied;
- the early warning instructions of the respective German authorities shall be observed.
Access to software, documentation and information on the FIS KORDOBA web site shall only take place if such conforms with the above checks and guarantees. Where the user does not comply with the above, FIS KORDOBA shall not be obliged to provide services.

10.3 Upon request, FIS KORDOBA shall inform the user of the relevant contact points for further information.

11. Data Privacy Protection

For collection, use and processing of the user's personally identifiable data of the FIS KORDOBA web site, FIS KORDOBA shall comply with applicable laws on data privacy protection and the FIS KORDOBA web site Data Protection Privacy Policy, which is available per hyperlink on the FIS KORDOBA web site and/or on www.FIS KORDOBA .com. Different forms are offered within this web site so that one can, for example, request further information or register for courses. The personal data that are recorded during this process are used by FIS KORDOBA solely for advertizing or for the marketing of their products or services as well as for marketing or market research purposes, as long as the user has specifically given his consent. In this case, FIS KORDOBA may call on the assistance of a third party in order to use these user data. The transfer of these data to other third parties for other reasons may only take place provided:
- this results from the purpose of the form
- it becomes necessary in order to implement teleservice or
- when the user has specifically consented to unlimited processing and transfer of his data.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 Any supplementary agreement requires the written form.

12.2 The place of jurisdiction shall be Munich if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

12.3 The individual pages of the FIS KORDOBA web site are operated and administered by FIS KORDOBA . The pages comply with the law applicable in Germany. FIS KORDOBA assumes no responsibility for the fact that information, software and/or documentation on the FIS KORDOBA web site are appropriate or available for viewing or downloading at locations outside of Germany. If users access the FIS KORDOBA web site from outside of Germany, they are exclusively responsible for compliance with all applicable local laws. Access to the FIS KORDOBA web site's information, software and/or documentation from countries where such content is unlawful, is prohibited.

12.4 These terms of use shall be governed by German law. The United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.