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Terms of Use.
Your use of the CompTech, Inc and or its
affiliates and subsidiaries (hereinafter
"CompTech") website (hereinafter "Website")
represents your agreement to comply with all
terms, including notices, of this Website.
CompTech may change these terms at any time and
your use is subject to the changes. If you do
not accept these terms, you are not authorized
to access and use this Website, and you are
required to exit this Website immediately. Use
or reproduction of the content or materials for
any purpose not expressly permitted is
prohibited. CompTech reserves the right, in its
sole discretion, to terminate your access to all
or part of this site, with or without notice.
Disclaimer. ALL MATERIALS, INFORMATION AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS
WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. CompTech DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. CompTech
DOES NOT WARRANT THAT THE CONTENT OF THIS WEB
SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS
WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE
OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
Limitation of Liability. CompTech AND ITS
SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER BASIS, EVEN IF CompTech
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
User Conduct. You shall not in any manner: (i)
distribute, use or make copies of, or otherwise
duplicate any materials contained on the
Website, except as expressly authorized under
these Terms or authorized by CompTech; (ii) make
the Website, or any Materials contained on the
Website, available to any unauthorized third
party; (ii) sell, loan, rent, lease, re-license,
sublicense, transmit, distribute, re-distribute,
or timeshare the Website, or create any Internet
"link" to the Website without prior express
written authorization from CompTech, or "frame"
or "mirror" the materials or services contained
on or accessible from the Website on any other
server or Internet-based device; (iii) cause or
permit the reverse engineering, disassembly,
decompilation of, or any other attempt to derive
any software comprising or available through the
Website, except to the extent permitted by law;
or (iv) remove, alter, amend, or otherwise
tamper with any titles, trademarks, copyright,
restricted rights notices, or other proprietary
rights legend, or any license agreement,
included or provided with the Website. In
addition, without limitation, You agree not to
use the Website: (a) to harvest, collect, gather
or assemble any Materials for other than
internal, noncommercial use; (b) to harvest,
collect, gather or assemble information or data
regarding other users, including e-mail
addresses, without their consent; (c) to
transmit or post any material or information
which is unlawful, harassing, libelous, abusive,
harassing, tortious, defamatory, threatening,
harmful, abusive, libelous, invasive of
another's privacy, vulgar, obscene or otherwise
objectionable; (d) to transmit any material that
may infringe the intellectual property rights or
other rights of third parties, including any
patent, trademark, copyright, trade secret, or
right of publicity; (d) to transmit any material
that contains software viruses or other harmful
or deleterious computer code, files or programs
such as trojan horses, worms, time bombs,
cancelbots; (e) to interfere with or disrupt
servers or networks connected to the Website, or
violate the regulations, policies or procedures
of such networks; (f) to attempt to gain
unauthorized access to the Website, other
accounts, computer systems or networks connected
to the Website, through password mining or any
other means; or (g) to harass or interfere with
another user's use and enjoyment of the Website.
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF
A CORPORATION OR OTHER LEGAL ENTITY, OR
ACCESSING OR USING THIS WEBSITE AS PART OF YOUR
DUTIES AS AN EMPLOYEE OF A CORPORATION OR OTHER
LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT
TO CompTech THAT YOU ARE AUTHORIZED TO ACT ON
BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND
TO BIND THE SAME TO THESE TERMS AND ALL
OBLIGATIONS ARISING HEREUNDER. ALL RIGHTS AND
LICENSES GRANTED HEREUNDER ARE PERSONAL TO YOU
AND SHALL NOT INCLUDE ANY RIGHT TO GRANT
SUBLICENSES TO ANY THIRD PARTY EXCEPT AS
EXPRESSLY SET FORTH HEREIN.
Links to Other Materials. Any linked sites
contained herein are not under the control of
CompTech and CompTech is not responsible for the
contents of any linked site or any link
contained in a linked site. CompTech reserves
the right to terminate any links or linking
program at any time. CompTech does not endorse
companies or products to which it links and
reserves the right to note as such on its web
pages. If you decide to access any third party
sites linked to this web Website, you do this
entirety at your own risk.
Applicable Laws and Export Control. CompTech
controls and operates this Website from its
location in the United States. All content and
materials of this Website are protected by
copyrights, trademarks or other proprietary
rights of CompTech or their respective owners as
well as under any applicable laws and United
States Government export control regulations.
These terms of use shall be governed by and
construed in accordance with the laws of the
State of California, excluding its conflicts of
law rules. You expressly agree that the
exclusive jurisdiction for any claim or action
arising out of or relating to these Terms of Use
or your use of this Website shall be filed only
in the state or federal courts located in the
State of California, and you further agree and
submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any
such claim or action. CompTech makes no
representation that materials on this Website
are appropriate or available for use in
locations outside the United States, and
accessing them from territories where their
contents are illegal is prohibited. Those who
choose to access this Website from outside the
United States do so on their own initiative and
are responsible for compliance with applicable
local laws. You may not use or export any
material within this Website in violation of the
U.S. Department of Commerce Export
Administration Regulations or other requirements
of the U.S. Government regulating the export of
such information. You agree that (i) you are not
listed on the US Commerce Departments Table of
Denial Orders, or otherwise denied the privilege
of participating in transactions involving the
export of US origin products and services; (ii)
you are not located in a country that is subject
to embargo by the United States (currently Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria or
the Taliban Occupied Part of Afghanistan); (iii)
You are not engaged, directly or indirectly, in
the design, development, production, stockpiling
or use of nuclear, chemical or biological
weapons or missiles: and (iv) you shall not
knowingly export or reexport, (as defined in
Part 779 of the Export Administration
Regulations) directly or indirectly, to any
country any of the information contained herein
(or any product, technical data, or service
resulting directly therefrom) without first
having obtained all necessary approvals thereof.
U.S. Government Restricted Rights. If the right
to use this Website is acquired under the terms
of: (i) a Department of Defense contract: the
Government's rights to use, modify, reproduce,
release, perform, display or disclose the
Website or accompanying documentation are
subject to the terms and restrictions set forth
herein pursuant to 48 CFR 252.227.7202-3 or its
successor; (ii) a Civilian agency contract: the
Government's rights to use, modify, reproduce,
release or disclose the Website or accompanying
documentation are subject to the restrictions of
paragraphs (a) through (d) of the Commercial
Computer Software - Restricted Rights clause at
48 CFR 52.227-19 or its successor.
Contractor/Manufacturer is CompTech Integrated
Products, Inc., a Delaware corporation located
at 120 San Gabriel Drive, Sunnyvale, California
94086 U.S.A.
USE OF CompTech PRODUCTS IN MEDICAL AND AIRCRAFT
OR OTHER TRANSPORTATION SYSTEMS. CompTech
Products are not authorized for use in, or in
connection with Surgical implants, or as
critical components in any medical, or aircraft,
or other transportation devices or systems where
failure to perform can reasonably be expected to
cause significant injury to the user, without
the express written approval of an Executive
Officer of CompTech. Such use is at Buyer's sole
risk, and Buyer is responsible for verification
and validation of the suitability of Products
incorporated in any such devices or systems.
Buyer agrees that CompTech is not liable, in
whole or in part, for any claim or damage
arising from such use and shall have no
obligation to warranty such Products. Buyer
agrees to indemnify, defend and hold CompTech
harmless from and against any and all claims,
damages losses, costs, expenses and liabilities
arising out of or in connection with Buyer's use
of CompTech Products in such applications to the
extent Buyer has not obtained the express
written approval of an Executive Officer of
CompTech.
COMPLIANCE WITH U.S. EXPORT REGULATIONS.
CompTech Products (including samples) are
subject to the export control laws and
regulations of the United States and to the laws
and regulations of the country in which the
Products are received. Products may not be sold,
leased or otherwise transferred to restricted
end-users or countries. Buyer hereby agrees to
comply with all applicable export control laws
and regulations and will not use or export
CompTech Products, directly or indirectly, in
violation of these laws. |