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Terms of Use
Welcome to the Ax3 Software (referred to as “Ax3 Software? “we?
“us? or “our?herein) Web site (the “Site?. By accessing this Site,
you agree to be bound by the terms and conditions below (the “Terms?.
If you do not agree to all of the Terms, please do not use the Site.
Ax3 Software may from time to time modify or revise the Terms by
updating this Web page. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the
Terms as changed. If any change is unacceptable to you, your only
recourse is to terminate your use of the Site.
1. OWNERSHIP RIGHTS: This web site is owned and operated
by Ax3 Software. (All Materials herein are protected under
international copyright laws and are the property of Ax3 Software
or its third party licensors. All rights reserved.) As used in these
Terms, “Materials? includes, but is not limited to, software, images,
text, audio and all other information, displayed, contained within,
or accessible on the Site. No Materials may be copied, reproduced,
modified, displayed, republished, uploaded, posted, transmitted,
sold or distributed in any way, except that you may download one
copy of the Materials on any single computer for your personal,
non-commercial use only, provided that you maintain in such copy
all copyright and other proprietary rights notices contained in
the original Materials. No right, title or interest in any downloaded
Materials is transferred to you as a result of any such downloading
or copying. You agree not to assist others in any unauthorized reproduction,
modification, display or distribution of the Materials. Unless expressly
agreed to by Ax3 Software in writing, you may not create derivative
works based on the Site or Materials contained therein, in whole
or in part. The use of any Materials on any other Web site or networked
computer environment is prohibited.
2. IMAGES: All logos, page headers, images and graphics displayed
on this Site are service marks, trademarks, and/or trade dress (collectively,
“Marks? of Ax3 Software or its third party licensors. Except as
expressly permitted herein, using, copying, transmitting, displaying,
modifying or distributing any Marks in any form or by any means
without the express written permission of Ax3 Software is prohibited
and may violate the copyright, trademark, privacy or other laws
of the China and/or other countries.
3. DOWNLOADABLE SOFTWARE: The use of any Ax3 Software, or
the Software of third parties, downloaded from the Site shall be
subject to the terms and conditions of the license provided with
the Software. “Software?includes any files, images incorporated
in or generated by the software, and data accompanying the software.
You may not download any Software from this Site until you have
read, and agreed to the terms and conditions of the license provided
with the Software. Without limiting the generality of the terms
contained in any such license, you agree that you will not: (a)
modify the Software (b) decompile, reverse engineer, or disassemble
the Software, (c) remove any copyright or other proprietary rights
notices from the Software; or (d) use the Software for any commercial
purpose, or any public display, performance, sale or rental, except
as expressly permitted by Ax3 Software in writing. Ax3 Software
retains all right, title and interest in and to the Software, including
all intellectual property rights therein. You download Software
at your own risk and assume complete and exclusive responsibility
for any and all losses, damages and liabilities that may result
from the use of Software downloaded from the Site.
4. USER COMMENTS: We appreciate your comments, remarks, feedback,
suggestions, ideas and other submissions you disclose or transmit
to us (collectively, “Comments?. You grant Ax3 Software and its
affiliates a perpetual, irrevocable, worldwide, royalty-free right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works of, distribute, publicly perform and publicly
display (in whole or in part) your Comments, your name and any related
copyrights, moral rights or other intellectual property rights.
5. USER FORUMS: Ax3 Software may provide access to certain
discussion groups through this Site as a service to you. Discussion
groups, by their nature, may contain offensive, harmful, deceptive,
misleading, inaccurate or otherwise inappropriate material, and
you acknowledge and agree that Ax3 Software shall not have any responsibility
for the content of any discussion group, or materials or articles
contained therein, that may be accessed on or through this Site.
You understand that Ax3 Software acts as a passive conduit for,
and does not control, or attempt to control, any information, data,
text, software, music, sound, photographs, graphics, video, messages
or other materials, that you, or any other user of the Site, uploads,
posts or transmits to or through the Site (the “User Content?. Ax3
Software may, but is not obligated to, monitor or review the User
Content and retains the right to delete any User Content at any
time. You acknowledge and agree that you are solely responsible
for any User Content that you upload, post or transmit to or through
the Site, including, but not limited to, its legality, reliability,
accuracy, integrity, appropriateness and originality. In no event
shall Ax3 Software have any liability related to the User Content,
whether arising under the laws of copyright, libel, privacy, obscenity,
or otherwise. You represent and warrant to Ax3 Software that you
will not upload, post or otherwise transmit any User Content to
or through the Site that infringes, misappropriates or otherwise
violates any copyright, trademark or other intellectual property
right, right of privacy, right of publicity or any other right of
any entity or person; or that is unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory pornographic, or profane,
or that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise violate
any law or Ax3 Software rule or policy.
You grant Ax3 Software and its affiliates a perpetual, irrevocable,
worldwide, royalty-free, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display the
User Content you upload, post or transmit to the Site (in whole
or in part) and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You also grant
each user of this Site the right to access, display, view, and reproduce
such User Content for personal use. You represent and warrant to
Ax3 Software that you have the right to grant the licenses stated
above.
You acknowledge and agree that you may not upload, post, reproduce,
or distribute any User Content on or through this Site that is protected
by copyright or other proprietary right of a third party, without
obtaining permission of the owner of such right. Any copyrighted
or other proprietary content distributed with the consent of the
owner must contain the appropriate copyright or other proprietary
rights notice. The unauthorized submission or distribution of copyrighted
or other proprietary content is illegal and could subject you to
personal liability or criminal prosecution.
6. LINKS TO OTHER SITES: This Site may contain links to other
web sites (“Linked Sites? as a convenience to you. Ax3 Software
does not operate or control any information, products or services
on the Linked Sites, and neither endorses or approves any products,
services or information offered at Linked Sites. You acknowledge
and agree that your access or use of any Linked Site is at your
own risk.
7. PRIVACY POLICY: It is our policy to respect the privacy
of individuals who visit the Site or provide Comments to us. Our
privacy policy (the “Privacy Policy?, is incorporated herein by
reference. By accepting these Terms, you expressly consent to the
use and disclosure of your personal information as described in
the Privacy Policy.
8. INDEMNITY: You agree to defend, indemnify and hold Ax3
Software, its affiliates and their officers, directors, agents and
employees harmless from and against any and all claims, losses,
damages, liabilities, costs and expenses, including attorneys' fees,
arising from or related to your (a) User Content, (b) use of the
Site, or (c) violation of any of these Terms.
9. WARRANTY DISCLAIMER: THE SITE AND ALL ELEMENTS THEREOF
ARE PROVIDED “AS IS?AND “AS AVAILABLE,?WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. Ax3 SOFTWARE EXPRESSLY DISCLAIMS ALL SUCH
REPRESENTATIONS AND WARRANTIES, EITHER EXRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Ax3 SOFTWARE DOES
NOT WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE,
UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET
YOUR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
OR (D) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED
ON OR THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. LIMITATION OF LIABILITY: IN NO EVENT SHALL Ax3 SOFTWARE,
ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER
THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL
OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY
TO USE THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, EVEN IF Ax3 SOFTWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Ax3 SOFTWARE'S TOTAL LIABILITY FOR
ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS
SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
11. JURISDICTION AND APPLICABLE LAWS: This site is administered
by Ax3 Software from its home offices in Chengdu, Sichuan,China.
Unless otherwise specified, the Materials are presented solely for
the purpose of promoting Ax3 Software and its products within the
China, its territories, possessions and protectorates. Ax3 Software
makes no representation or warranty that the Software or the Materials
are appropriate or available for use in territories outside of the
China. Access, downloading or use of such Software and Materials
in territories where such Software or Materials are illegal is prohibited.
You agree to comply with all laws, rules and regulations applicable
to your downloading or use of the Software and Materials available
on or through this Site, including, but not limited to, all China
export control laws, rules and regulations. Without limiting the
generality of the foregoing, no Software or Materials may be downloaded
or exported into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the China
has embargoed goods; or anyone on the China Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. Ax3 Software does not authorize the transfer,
by any means, of any Software, Materials or technical data from
this Site to any jurisdiction prohibited by the China export laws.
You may not use, export or re-export the Software or Materials,
or any copy or adaptation thereof, in violation of any applicable
laws or regulations, including without limitation China export laws
and regulations. If you choose to access this Site from outside
the China, you do so on your own initiative and are solely responsible
for any liability arising therefrom. These Terms will be governed
by and construed in accordance with the laws of the State of Michigan,
without giving effect to any principles of conflicts of laws. You
and Ax3 Software each agree to submit to the personal and exclusive
jurisdiction of the courts located within Shiawassee County, Michigan,
U.S.A.
12. TERMINATION: You agree that Ax3 Software, in its sole
discretion, may suspend or terminate its operation of the Site or
your use of the Site (or any portions thereof), and may remove and
discard any User Content, Software or Materials within the Site,
for any reason. In the event you fail to comply with the Terms ,
your right to use the Site will automatically terminate. Upon any
termination of the Site, or your use of the Site, you agree to immediately
and completely destroy all copies of any Software of Materials downloaded
form the Site. You agree that Ax3 Software shall not be liable to
you or any third-party for any termination of the Site, your access
to the Site or any removal of any User Content from the Site.
14. GENERAL: These Terms constitute the entire agreement
between you and Ax3 Software and super cede and replace any prior
agreements, whether written or oral, between you and Ax3 Software
related to the subject matter herein. The failure of Ax3 Software
to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and all other provisions of the Terms shall remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, you must file any claim or cause of action arising out
of or related to use of the Site or otherwise arising out of or
related to these Terms within one (1) year after such claim or cause
of action arose. The section titles in these Terms are for convenience
only and have no legal or contractual effect.
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