General Terms of use

1-Area of aplication

1.1: Use of these web pages offered by MagLight-Magdi Abdalla &Co. and/or its subsidiaries (hereinafter: "MagLight Website") is exclusively permissible under these conditions. On a case-by-case basis, these general terms of use may be supplemented, modified or replaced by additional requirements, for example for the purchase of products and/or services. By carrying out the Log-in, or if a special Log-in is not required, by opening the Terms of Use, the validity of these Terms of Use is accepted in its respective version.

1.2:If,when using the MagLight Website, the user acts as, or on behalf of a company, i.e. in exercising a commercial or independent professional activity, or acts on behalf of a public entity, Egypt Civil Code is not applicable.

2-Service

2.1: On the MagLight Website, MagLight maintains specific information and software, if necessary together with documentation, to be accessed or downloaded.

2.2 :MagLight has the right, at any time, to discontinue operation of the MagLight Website totally or in part. MagLight assumes no guarantee regarding the condition of the Internet or computer systems to provide continuous availability of the MagLight Website.

3-Registration, Password

3.1:Certain pages of the MagLight Website may be password-protected. In the interest of protecting business activity, access to these pages is only possible for registered users. There is no right of claim by registering at MagLight. In particular, MagLight also reserves the right to require a compulsory registration from websites, which had been freely accessible previously. MagLight reserves the right, at any time, to revoke access authorization by blocking the access data, without having to provide reasons, especially if the user: provided incorrect data upon registration, has violated these terms or their obligation for thoroughness in processing the access data, has violated applicable law upon access or use of the Heliotron Website or has not used the MagLight Website for an extended period of time.

3.2:If registration is intended, then the user is obligated to provide truthful data upon registration and to contact MagLight immediately with any subsequent changes (preferably online). The user will ensure that he/she will receive the e-mails which are sent to the e-mail address that he/she has provided.

3.3:Following successful registration, the user receives a user name and password (hereinafter also called "user data"). When accessing the site for the first time, the user will change the password issued by MagLight to a password known only to him/her. The user data allows the user to view or change his/her data or to revoke or extend consent granted for data processing.

3.4:The user ensures that the user data is not accessible to third parties and is responsible for all orders and other activities carried out while employing the user data. After each use, the password-protected area must be left. If the user obtains knowledge that a third party is using the user data in an abusive manner, he/she is obligated to notify MagLight immediately in writing, if necessary first by means of a simple e-mail.

3.5:After receipt of the notification pursuant to Point 3.4, MagLight will block access to the area password-protected with this user data. Removal of the block can only take place following separate request by the user to Heliotron or after new registration.

3.6 :The user may request the deletion of his/her registration at any time in writing, as long as the deletion does not impede the completion of current contractual relations. In this case, MagLight will delete all user data and all other stored personal data of the user as soon as it is no longer required.

4-Rights of use for information, software and documentation

4.1:Use of information, software and documentation provided on the MagLight Website is subject to these conditions or, when updating information, software or documentation, use is subject to applicable license conditions already agreed upon with MagLight. Separately agreed upon license conditions take precedence over these conditions.

4.2:MagLight grants a non-exclusive and non-transferable right to the user, to use information, software and documentation on the MagLight Website to the extent agreed upon or, if nothing has been agreed upon,  as it corresponds to the intended purpose of supply or termination by MagLight. 

4.3:Software is provided in a machine-legible format. There is no requirement to publish the source code. With the exception of source codes from Open Source Software, whose license regulations take precedence over these conditions when forwarding Open Source Software, which stipulate the publishing of source codes. In this case, MagLight will provide the source code for a fee.

4.4: No information, software or documentation may be forwarded, rented or issued to third parties at any time. Unless compelling legal regulations permit something to the contrary, the user may not modify, reverse engineer or translate the software or its documentation, nor may he/she extract portions thereof. The user may create a safety backup copy of the software if this copy is required to assure safe future use based upon these conditions of use.

4.5: The information, software and documentation are protected both by copyright laws and international copyright agreements as well as by other laws and agreements concerning intellectual property. The user will adhere to these laws, and, in particular, will not remove alphanumeric identifications, trademarks and copyright notations neither from the information nor from the software nor from the documentation nor from copies.

4.6: Articles of the Copyright Law remain intact in all other respects.

5-Intellectual Property

5.1:Regardless of the special regulations in Point 4 of these Terms of Use, the information, brand names and other contents of the MagLight Website may not be modified, copied, multiplied, sold, rented, used, supplemented or otherwise employed without prior written consent of MagLight.

5.2:With the exception of the rights of use expressly granted herein or other rights, the user is not granted any additional rights of any kind, in particular to the company name and to commercial trademark rights, such as patents, utility models or brands, nor does MagLight have any corresponding obligation to grant such rights.

6-User Obligations

  • When using the MagLight Website, the user may not:

  • -cause injury to persons, in particular minors, or violate their individual rights;

  • -violate good morals with his/her conduct of use

  • -violate trademark laws, copyright laws or other property laws

  • -issue contents with viruses, so-called Trojan Horses or other programs which could damage software

  • -enter, save or send hyperlinks to which he/she is not authorized, especially if these hyperlinks or contents violate confidentiality obligations or are illegal; or distribute advertisements or unsolicited e-mails (“spam”) or unfounded warnings of viruses, malfunctions and the same or solicit participation in lotteries, Ponzi schemes, chain letters, Pyramid schemes and comparable actions

6.2:MagLight may block access to the MagLight Website at any time, in particular if the user violates obligations from these conditions.

7- Hyperlinks

The MagLight Website can contain hyperlinks to third party websites. MagLight neither assumes responsibility for the contents of these websites nor does MagLight consider these websites or their contents its own since MagLight does not control the linked information nor is MagLight responsible for the contents and information already there. Their use is at the user’s own risk.

8-Liability for Legal and Material Defects

8.1 :In so far as information, software or documentation are provided free-of-charge, MagLight assumes no liability for material defects and legal defects of information, software and documentation, in particular with regard to the accuracy, correctness, freedom from trademark and copyright laws of third parties, completeness and/or usability – except in cases of criminal intent or fraud.

8.2 : Information on the MagLight Website may contain specifications or general descriptions of technical product features, which must not always be present in individual cases (e.g. due to product changes).  Desired product performance features must therefore be agreed upon in each case at purchase.

9:Other Liability, Viruses

9.1 : MagLight’s liabilitiy with regard to legal and material defects is pursuant to Point 8 of these Terms of Use. Furthermore, MagLight assumes no liability whatsoever, unless e.g. pursuant to the Product Liability Law, it is obligatorily liable due to criminal intent, gross negligence, life-threatening, body-threatening or health-threatening injury, due to the assumption of a condition warranty, due to fraudulent concealment of a defect or due to the violation of substantial contractual obligations. Payment of damages because of injury of substantial contract obligations is, however, limited to the contract-typical, foreseeable damage, in so far as there is no criminal intent or gross negligence involved.

9.2 : Although MagLight always attempts to keep the MagLight Website virus-free, MagLight does not guarantee freedom from viruses. Before downloading information, software and documentation, the user will use the appropriate safety measures and virus scanners for his/her own protection, as well as for the prevention of viruses to the MagLight Website.

9.3: A change of the burden of proof to the disadvantage of the user is not associated with the preceding regulations in Points 9.1 and 9.2.

10-Export Controls

10.1 : The export of certain information, software and documentation can - e.g. due to its type or its intended purpose or final location - be subject to a permit obligation. The user will strictly adhere to the export regulations relevant to the information, software and documentation, in particular those of the European Union and/or the European Union member states as well as arab Countriesand the U.S.A. MagLight identifies information, software and documentation with regard to the permit obligations based upon the German and the European Union export list as well as the U.S. Commerce Control List.

10.2 : In particular, the user will carefully examine and ensure that:

-the information, software and documentation provided are not intended for an armament-related,  nuclear or weapon-related use

-no companies or persons listed on the U.S. Denied Persons List (DPL) are to be supplied with goods, software and technology of U.S. origin

-no companies and persons listed on the U.S. Warning List, U.S. Entity List or U.S. Specially Designated Nationals List are to be supplied with U.S. origin products without authorization

-no companies listed on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the Terrorist List of the EU are to be supplied

-no military recipients are to be supplied

-the Early Warning Notices of the appropriate Egypt authorities are to be adhered to.

-Access to the software, documentation and information on the MagLight Website may only occur if it is carried out in adherence with the above-mentioned examination and assurance; otherwise MagLight is not obligated to provide service.

10.3 : Upon request, MagLight will provide the relevant points of contact for further information.

11: Data Protection

  During the collection, use and processing of personal data of users of the MagLight Website, MagLight adheres to the applicable data protection regulations as well as the MagLight Privacy Policy, which can be viewed via the hyperlinks to the MagLight Website and/or at www.cml1.net.

12- During the collection, use and processing of personal data of users of the MagLight Website, MagLight adheres to the applicable data protection regulations as well as the MagLight Privacy Policy, which can be viewed via the hyperlinks to the MagLight Website and/or at www.cml1.net.

12.1 : Subsidiary agreements must be in writing.

12.2 : The place of jurisdiction is Helwan im Cairo-Egypt .

12.3 : Individual pages of the MagLight Website are operated and held accountable by MagLight –Magdi Abdalla&Co. and/or its subsidiaries. The pages adhere to the requirements of the respective country, in which the responsible company has its headquarters. MagLight also assumes no responsibility for information, software and/or documentation from the MagLight Website that is accessed or downloaded in locations outside the country in question. If users in places outside the country concerned access the MagLight Website, they alone are responsible for adhering to the relevant Federal regulations. Access to information, software and/or documentation on the MagLight Website from countries in which this access is illegal, is not permitted. In this case and if the user would like to enter into a business relationship with MagLight, the user should contact Heliotron representatives in the respective country.

12.4 : Egypt law applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(Dated: 09/2008)