The TERMS OF USE ("TOU") is a legal agreement between you (either as an individual or any other legal entity) ("You" or "Your") and Oconsys B.V. ("Oconsys"). Your access to, and use of Oconsys websites ("Website") is subject to, and governed by, these TOU. Be sure to carefully read and understand all of the rights and restrictions delineated in these TOU. For Your reference, You may print the TOU by using the "Print" option on Your browser. By accessing the Website, you confirm your agreement to and acceptance of these terms. Oconsys reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the "Terms of Use" link at the bottom of each Website page.
1. Access. Oconsys has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that Oconsys, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or Oconsys. Oconsys makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.
2. Copyright. Oconsys, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that Oconsys has the right to do so without compensation to third parties and except for material specifically provided under other terms, Oconsys grants You permission to copy materials on the Website solely for Your non-commercial use in support of Oconsys services. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without Oconsys permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of Oconsys or any third party.
3. Trademarks. Oconsys and the Oconsys logo are trademarks or service marks, registered or not, of Oconsys. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to Oconsys or third party suppliers, without the written permission of Oconsys.
4. Information Provided to Oconsys. 4.1. Oconsys does not want You to, and You should not, send any confidential or proprietary information to Oconsys via the Website. Any submission by You to Oconsys, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Oconsys. Furthermore, by Your submission You grant Oconsys an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. Oconsys shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
5. Links. THE LINKS ON THE WEBSITE WILL LET YOU LEAVE OCONSYS'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OCONSYS AND OCONSYS 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. OCONSYS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. OCONSYS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OCONSYS OF THE SITE.
6. Limitation of Liability. OCONSYS, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF OCONSYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Assignment. The TOU may not be assigned or transferred by You without the prior written consent of Oconsys. Oconsys may assign the TOU to any affiliate or third party in part or in whole.
8. Data Privacy. 8.1. You and Oconsys agree that they shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the "Data Protection Laws"). 8.2. You shall in connection with these TOU (i) not do or permit anything to be done through an act or omission which might jeopardise or contravene Oconsys's liability under Data Protection Laws; and (ii) enter into such agreements as Oconsys shall reasonably require in relation to the cross border migration of personal data. 8.3. You shall indemnify and keep Oconsys fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses which Oconsys, or any Oconsys affiliate may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of Section 13.2. 8.4. WHEN YOU SUBMIT PERSONAL DATA TO OCONSYS ON THE WEBSITE, OCONSYS MAY TRANSFER AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO OCONSYS.
9. Disclaimers. 9.1 WHILE OCONSYS ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. OCONSYS MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND OCONSYS DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OCONSYS SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE. 9.2 OCONSYS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE 9.3 ANY MATERIAL OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE. 9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCONSYS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to Oconsys Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.
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