- This Agreement, which incorporates by reference other provisions applicable to use of (“website”), including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”), governing the use of certain specific material contained in website, sets forth the terms and conditions that apply to use of website by User. By using the website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- The Company shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
1. DESCRIPTION OF SERVICES
Through the use of its Web property, the Company provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including, any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the website and all charges related thereto.
3. USER CONDUCT
- User shall use the website for lawful purposes only. User shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company’s express prior approval contains advertising or any solicitation with respect to products or services.
- Any conduct by a User that in the Company’s discretion restricts or inhibits any other User from using or enjoying the website will not be permitted. User shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Company.
- The website (WA) contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, user interfaces, visual interfaces, music and sound, trademarks logos, artwork, including but not limited to the selection, coordination, arrangement and enhancement of such information. User may not modify, publish, reproduce, upload, post, participate in the transfer of sale, create derivative works, or in any way exploit or distribute, any of the information or content, in whole or in part. User may download copyrighted material for user’s personal non-commercial informational use only. Except as otherwise expressly permitted under copyrighted law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User is not permitted to use any deep-link, page-scrape, robot, spider, or other automatic device, program, software, algorithm or any other equivalent process that attempts to copy, access, acquire, monitor any portion of information or try to gain unauthorized access to any portion or feature on the website in order to obtain material or information through any means not purposely made available through the site. User is not allowed to breach security or authentication measures on the website. Further, User may not reverse look-up, trace or seek to trace any information of any other user to its source, in any way where the purpose is to reveal any information, including but not limited to personal identification or personally identifiable information, other than your own information, as provided for by the website.
- User shall not upload, post or otherwise make available on the website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary right, or any other harm resulting from such a submission. By submitting material to any public area of the website, User automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the website by User.
4. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (such as “Communication Services”). User agree to use the Communication services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner
- Falsify or delete any copyright management of information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
- Harvest or otherwise collect information about others, including email addresses
- Violate any applicable laws or regulations
- Create a false identity for the purpose of misleading others
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to revise materials posted to the Communication Services and to remove any materials in its sole discretion. The Company reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. The Company does not control or endorse the content, messages or information found in any Communication Services.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify the Company immediately of any unauthorized use of User’s account or any other breach of security. The Company will not be liable for any loss that User may incur as a result of someone else using user’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by the Company or another party due to someone else using User’s account or password. Also, User may not use anyone else’s account at any time, without the permission of the account holder.
6. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copies or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, 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 USER OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
- THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FORTHGOING REST ENTIRELY WITH USER.
- IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE COMPANY SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE COMPANY NOR ITS AFFILIATIONS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN OR UNAUTHENTICITY OF THIS INFORMATION CONTAINED WITHIN THE WEBSITE, OR OF ANY DELAY OR INTERRUPTION IN THIS TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY, NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACT OF GOD, WAR, RIOT, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) FAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
8. LINKS TO THIRD PARTY SITES
The links in this area will let you leave the website. The linked sites are not under control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is not responsible for webcasting or any other form of transmissions received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the company of the site. Under no circumstances will the Company be liable for any loss or damage caused by a user’s reliance on information obtained through the website. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion. Advice or other content available through the Company.
- The Company respects User privacy, their ability to know, access, correct, transfer, restrict the processing of, and delete the personal data. The Company acknowledges the significance of helping Users retain their privacy whenever they visit the website. To protect User’s privacy, the Company follows different principles in accordance with worldwide practices for privacy and data protection.
- The Company won’t sell or give away User’s name, mail address, phone number, email address or any other information to anyone.
- The Company will use state of the art security measures to protect User information from unauthorized users. The Company takes strong measures to protect the personal information and to ensure that User data is protected from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- However, by using the Company website, User acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
NOTICE: The Company will ask the User whenever information is needed that personally identifies the User or allows the Company to contact the User. Generally, this information is requested when the User gets registered to the website or downloads a free software, enters a contest, provides feedback, orders or subscribes to email newsletters or gets involved with any such similar activity while using the website. The personal information is then primarily used a) to make the website easier for the User to access by not having to enter information more than once; b) to help user quickly find software, services or information; c) to help the Company create content relevant to the User; d) to alert the User to product upgrades, special offers, updated information and other new services or products offered by the Company
If the User chooses not to register or provide personal information, he can still use most of the website, but will not be able to access areas or content that require registration.
The Company shall have the right, but not the obligation, to monitor the content of the website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the website. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Company by User or User’s Account.
Either the Company or User may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate User’s Account in the event of any conduct by User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for the website established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.