NOTICE TO USER
THIS LICENSE AGREEMENT (“AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS UPON WHICH YOU MAY ACCESS AND USE THE VALUABLE INFORMATION AND SERVICES AVAILABLE THROUGH THE WEB SITE www.devieweurope.com (THE “WEB SITE”) OF Security Manufacturing Ltd “SML”, DOING BUSINESS AS “deView Europe” and SML. PLEASE READ THIS AGREEMENT CAREFULLY. BY CONTINUING TO USE THIS WEBSITE, YOU EXPRESSLY AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials and information, including, without limitation, all text, data, graphics, images, illustrations, designs, icons, photographs, audio and video, that are part of the web site (collectively, the “Content”) are protected by copyright, and exclusively licensed to Security Manufacturing Ltd, her parent and subsidiaries. You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the web site.
SML may provide areas on the web site to which you or others can post messages or transmit communications (“Interactive Areas”). As a condition of your use of this service, you warrant to SML that you will not use the Interactive Areas for any purpose that is unlawful or prohibited by this Agreement. Specifically, you agree not to upload to, distribute through or otherwise publish through an Interactive Area any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, false, or otherwise objectionable that would constitute or encourage the commission of a criminal offence, breach the rights of any party, or that would otherwise give rise to liability or infringe any law. SML reserves the right to deny you access to any part of this service in its sole discretion. You are responsible for material that you send to any Interactive Area. SML makes no endorsement, representation or warranty with respect to statements made by any user in the web site’s Interactive Areas.
By uploading materials to any Interactive Area or submitting any materials to www.devieweurope.com, you automatically grant (or warrant that the owner of such rights has expressly granted) SML a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
SML has the right to terminate your ability to use or access the web site at any time without notice to you. You may terminate these terms at any time by destroying all Content obtained from the web site, including, without limitation, all copies and installations thereof, whether made under these terms or otherwise and by not accessing, or uploading to, the web site again. Upon termination, you must destroy all Content obtained from the web site and all copies thereof, whether made under these terms or otherwise. SML will not be liable for any damages of any nature suffered by any member, user or any third party resulting in whole or in part from SML’s exercise of its rights under these terms and conditions.
Information on this web site has been provided by third parties and has not been verified or confirmed by SML. SML makes no representation or warranty, express or implied, concerning the accuracy of any information on this web site. SML does not perform primary source verification and has not undertaken any responsibility or obligation with respect to primary source verification of the information provided by third parties. The content contained on the website, and the website, are provided “as is” and, to the fullest extent permitted by law, SML disclaims all warranties, express or implied, including, without limitation, warranties of title and non-infringement and implied warranties of merchantability and fitness for a particular purpose. SML does not warrant that the functions contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that the web site or the server(s) that makes the web site available are free of viruses or other harmful components. SML does not warrant or make any representations regarding the use or the results of the use of the Content on the web site in terms of its correctness, accuracy, reliability, or otherwise. You (and not SML) assume the entire cost of acquiring and/or posting any information you provide to SML.
LIMITATION OF LIABILITY
Under no circumstances will SML be liable for any direct, indirect, special, incidental, punitive or consequential damages that result in any way from your use or inability to use the website, your reliance on or use of information or services provided on or through the website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation, or transmission or any failure of performance. In no event will SML’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount, if any, paid by you to SML for accessing the website
You agree to indemnify, defend and hold SML harmless from any and all liabilities, losses, claims, costs and expenses, including reasonable legal fees, related to your breach of this Agreement.
The Content contained on the web site has been prepared by SML as a service to its customers and the other users of the web site. SML does not warrant or guarantee the accuracy, reliability, completeness or adequacy of the Content or the content of any other site(s) to which the web site may link. Users of Content from the web site or the content of any other site(s) to which the web site may link do so at their own risk. Any unauthorised downloading and distribution of any copyrighted material from this web site or any other site(s) to which the web site may link, without the copyright owner’s permission, is strictly prohibited.
Your right to use the web site is not transferable. Any password or right given to you to obtain information is not transferable.
The website is controlled and operated by SML from its offices, and its service providers’ sites, within the EU. SML makes no representation that Content on the web site is appropriate or available for use in other locations. Those who choose to access the web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.
Any reference made by the web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by SML. Content on the web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, reviewers, members, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SML.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that the web site contains links to outside services and resources, SML does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
SML reserves the right, in its discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued accessing or use of the web site following the posting of changes to this Agreement will be deemed to be your conclusive acceptance of those changes and the modified Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement, performance hereunder, and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) or the relationship between you and SML, shall be construed and governed according to English law.
You agree that no joint venture, partnership, employment, or agency relationship exists between SML and you as a result of this Agreement or your use of the web site. If any provision of these terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severable from these terms and will not affect the validity and enforceability of any remaining provisions. You agree that, regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the web site and these terms must be filed within one (1) year after the date the cause of action arose, or be barred as untimely. This is the entire agreement between SML and you relating to the subject matter herein; and it will not be modified except as provided herein or in writing, signed by SML. To the extent that anything in or associated with the web site is in conflict or inconsistent with this Agreement, this Agreement will take precedence. SML’s failure to enforce any provision of this Agreement will not be deemed to be a waiver of such provision or of the right to enforce such provision.