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Copyright © 2003-2006, Mi8 - a Division of Apptix. All rights reserved.
Terms and Conditions of Use
Welcome to the Website of Mi8, a division of Apptix.
(http://www.mi8.com). Use of this site is governed by the Terms and
Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THE Mi8 WEBSITE. The information
and materials provided by Mi8 may be used for
informational purposes only. By using, accessing or downloading
materials from this Website you agree to follow the terms and
provisions as outlined in this legal notice, which apply to all
visits to the Mi8 Website, both now and in the future.
Mi8 may at anytime revise and update the Terms and
Conditions. You are encouraged to periodically visit this page to
review the most current Terms and Conditions to which you are bound.
If you do not agree to these Terms and Condition of Use, please do
not use this Website.
Restrictions
You may view, download and copy information and materials available
on this Website solely for your personal, non-commercial use. You
may also use such material within your organization in connection
with the support of Mi8 products. As a condition of use,
you agree not to modify or revise any of the material in any manner,
and to retain all copyright and other proprietary notices as
contained in the original materials on any copies of the materials.
No other use of the materials or information is authorized. Any
violation of the foregoing may result in civil and/or criminal
liabilities.
Ownership of Information and Materials
The information and any materials (including white papers, press
releases, data sheets, product descriptions, and FAQs) available on
or from this Website are the copyrighted works of Mi8, and any
unauthorized use of that information or materials may violate
copyright, trademark and other laws.
The use of any software downloaded from this Website is governed by
and subject to the terms of the Software License Agreement
accompanying or provided with the software. Any rights not expressly
granted herein are reserved.
Trademark Information
Mi8 trademarks may be used only with written
permission from Mi8. Mi8, OnSight Exchange System, and
the Mi8 logo are trademarks or registered trademarks of Mi8. All other trademarks, brands, and names are the
property of their respective owners. Except as expressly specified
in these terms and legal restrictions, nothing contained herein
shall be construed as conferring by implication, estoppel or
otherwise any license or right under any patent, trademark,
copyright or any proprietary rights of Mi8 or any third
party.
Links to Other Websites
As a convenience and to make the Mi8 Website truly
service oriented we have included links to complementary sites on
the Internet. These sites are owned and operated by third parties.
Mi8 makes no representation and is not responsible for
the availability of, or content located on or through, these third
party sites. A third party link from the Mi8 Website is
not an indication that Mi8 endorses the third party or
its site, or has any affiliation with or between Mi8 and
the third party hosting site.
Feedback
All comments, feedback, information or materials submitted to Mi8
through or in association with this Website shall be
considered non-confidential and Mi8’s property. By submitting such
comments, information, feedback, or materials to Mi8, you agree to a
no-charge assignment to Mi8 of worldwide rights to use,
copy, modify, display and distribute the submissions. Mi8
may use such comments, information or materials in any
way it chooses in an unrestricted basis.
Product Availability
Not all products or services mentioned on this Website may be
available in your country. Please contact your local sales
representative for products and services available in your country.
Export Control, Restricted Use Rights and Applicable Law Access to
this Website is governed by all applicable federal, state and local
laws. All information and materials available on the Website are
subject to U.S. export control laws and may also be subject to the
laws of the country where you reside
All Mi8 products, services and publications are
commercial in nature and provided with "Restricted Rights." Use,
duplication or disclosure by the United States Government is subject
to the restrictions set forth in DFARS 252.227-7015 and FAR
52.227-19.
Mi8 does not represent or warrant that materials on this
Website are appropriate or available for use in other locations. If
you choose to access this site from other locations, you do so at
your own risk and are responsible for compliance with any and all
local laws.
Disclaimer
The Mi8 team strives to provide you with useful,
accurate, and timely information on this Website. Accordingly, Mi8
has attempted to provide accurate information and
materials on this Website but assumes no responsibility for the
accuracy and completeness of that information or materials. Mi8
may change the content of any information or materials
available at this Website, or to the products described in them, at
any time without notice. However, Mi8 makes no
commitment to update the information or materials on this Website
which, as a result, may be out of date.
Information and opinions expressed in bulletin boards or other
forums are not necessarily those of Mi8. Neither Mi8, nor its
officers, directors, employees, agents, distributors, or affiliates
are responsible or liable for any loss damage (including, but not
limited to, actual, consequential, or punitive), liability, claim,
or other injury or cause related to or resulting from any
information posted on the Mi8 Website. Mi8 reserves the right to revise these terms and/or legal restrictions
at any time. You are responsible for reviewing this page from time
to time to ensure compliance with the then-current terms and legal
restrictions because they will be binding on you. Certain provisions
of these terms and legal restrictions may be superseded by expressly
designated legal notices or terms located on particular pages of
this Website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND Mi8 DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. IN NO EVENT SHALL Mi8 BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY
WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION
CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR
INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF.
Termination of Use
Mi8 may, in its sole discretion, terminate or
suspend your access to all or part of the Mi8 Website,
including, but not limited to any bulletin boards on its site, for
any reason, including without limitation, breach of this agreement.
In the event this agreement is terminated, the restrictions
regarding materials appearing on the site and the representations
and warranties, indemnities, and limitation of liabilities set forth
in this agreement shall survive any such termination.
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York exclusive of its choice of law
principles. The New York state courts of New York County (or, if
there is exclusive federal jurisdiction, the United States District
Court for the Eastern District of New York) shall have exclusive
jurisdiction and venue over any dispute arising out of or relating
to this Agreement, and each party hereby consents to the
jurisdiction and venue of such courts.
General Provisions
If any provision of this agreement is deemed void, unlawful or
otherwise unenforceable for any reason, that provision shall be
severed from this agreement and the remaining provisions of this
agreement shall remain in force. This contains the entire agreement
between you and Mi8 concerning your use of the site, and
the agreement shall not be modified, except in writing, signed by
both parties. If you have questions regarding Mi8’s Terms and
Conditions, please email:
legal@mi8.com.
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