THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS BiTMICRO NETWORKS (“BiTMICRO NETWORKS”) WEBSITE (THE “SITE”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED HEREIN.
All information, documents, products, software and services provided on this Site (the “Materials”) are provided by BiTMICRO Networks or its respective manufacturers, authors, developers and vendors (the “Third Party Providers”), and are the copyrighted work of BiTMICRO Networks and/or the Third Party Providers, as applicable. BiTMICRO Networks and its licensors grant to you the limited right to display, copy, distribute and download the Materials on this Site, provided that: (1) both the BiTMICRO Networks copyright notice (set forth below) and this permission notice appear in the Materials, (2) solely for personal, non-commercial and informational use (e.g., not copied or posted on any networked computer or broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials. This limited license terminates automatically, without notice to you, if you breach any of the Terms. Upon termination, you will immediately destroy any downloaded and printed Materials.
Except as stated herein, you agree that none of the Materials may be displayed, posted, downloaded, copied, distributed, republished, or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying or otherwise, without the advance written authorization of BiTMICRO Networks or the applicable Third Party Provider. You further agree that no part of the Site, including trademarks, logos, graphics or images, may be copied or retransmitted in any way, in whole or in part, without the advance written authorization of BiTMICRO Networks. In addition, you agree not to “mirror” or “frame” any Material contained on this Site on any other server without the advance written authorization of BiTMICRO Networks. You acknowledge that nothing on this Site shall be construed as conferring any license to you of BiTMICRO Networks or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining any such licenses by separate written agreement. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain communications statutes and regulations.
Password Restricted Areas of the Site
Certain areas of the Site are password restricted. You agree that you are entirely responsible for maintaining the confidentiality of your password and account information, if any, and agree to notify BiTMICRO Networks if the password is lost, stolen, disclosed to an unauthorized third party, or is otherwise compromised. You agree that you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify BiTMICRO Networks of any unauthorized use of your account or any other breach of security known to you.
Third Party Content Disclaimer
You acknowledge that the Materials provided by Third Party Providers have not been independently authenticated in whole or in part by BiTMICRO Networks, and agree that BiTMICRO Networks does not and shall not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BiTMICRO Networks. You acknowledge that any license to use Materials from Third Party Providers will be contracted for directly between you and the applicable Third Party Provider. You may enter into correspondence with or participate in promotions of advertisers showing their goods and/or services on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and/or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the applicable advertiser. BiTMICRO Networks assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web which are not under the control of or maintained by BiTMICRO Networks. Such links do not constitute an endorsement by BiTMICRO Networks of those sites. You acknowledge that BiTMICRO Networks is providing these links to you only as a convenience, and agree that BiTMICRO Networks is not responsible for the content of those sites.
Software Use and Restrictions
You acknowledge that any software and related documentation that may be available to download from the Site (the “Software”) is the copyrighted work of BiTMICRO Networks and/or Third Party Providers, as applicable. You agree that use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from BiTMICRO Networks and/or the Third Party Providers, as the case may be, according to the terms of the applicable License Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. BiTMICRO NETWORKS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BiTMICRO NETWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL BiTMICRO NETWORKS BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF BiTMICRO NETWORKS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST BiTMICRO NETWORKS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD BiTMICRO NETWORKS ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE BiTMICRO NETWORKS, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SITE.
Local Laws; Export Controls
BiTMICRO Networks controls and operates this Site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries in relation to the Materials.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States and other countries.
You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations, and that diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Site may include inaccuracies or typographical errors. BiTMICRO Networks and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Site, if any, at any time without notice. Changes are periodically made to the Site.
Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice or conflicts of law provisions of any jurisdiction will apply. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes.
These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications of any nature. BiTMICRO Networks can revise these Terms at any time without notice by updating this posting.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of BiTMICRO Networks to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BiTMICRO Networks in writing. The Terms comprises the entire agreement between you and BiTMICRO Networks and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
BiTMICRO®, MAXio®, DriveLight™, e-disk®, Talino™, Altima™, Ace Drive™, SecurErase®, PowerGuard®, LUNETA™, and EDSA™ are trademarks or registered trademarks of BiTMICRO Networks, Inc. in the United States. Other names are trademarks or registered trademarks of their respective owners.
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