ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and Open System Imaging, Inc., its subsidiaries and affiliates (hereinafter collectively referred to as “Company”). By accessing, browsing and/or using this site (“website”), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this website is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This website is controlled and operated by Company from its offices within the United States. Company makes no representation that materials in the website are appropriate or available for use in other locations, and access to them from territories where their content are illegal are prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The copyright in all material provided on this website is held by Company or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal, non-commercial use only provided you do not modify, copy or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Company’s permission, “mirror” any material contained on this website on any other server. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Company’s proprietary rights in them.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this website are registered and unregistered Trademarks of Company and others. Nothing on this website should be construed as granting, by implications, estoppels, or otherwise, any license or right to use any Trademark displayed on this website, without the written permission of the Trademark owner. Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both Company’s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior, written permission. Company prohibits use of the Company logo as a “hot” link to any other web site unless establishment of such link is approved in advance by Company in writing.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Company BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Company OR A Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Company and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Company may make changes to these materials, or to the products described therein, at any time without notice. Company makes no commitment to update the materials.
Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
CHAT ROOMS, MESSAGE BOARDS AND EMAIL
Company may, but is not obligated to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, or other user forums, and the content of any such communications or transmissions. Company, however, will have no liability related to the content of any such communications or transmissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You agree to indemnify, defend and hold Company and its respective officers, directors, owners, agents, information providers and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the chat rooms, bulletin boards, or other user forums by you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and California state courts located in the County of Riverside, California. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Company in the United States federal and California state courts located in the County of Riverside, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Company’s agents, licensors, licensees, successors, and assigns.