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USE OF CONTENT ON THE SITE
All content on this Site (including, without limitation, data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof), is the exclusive property of and owned by Microsys, its licensors or its content providers and is protected by Canadian, U.S. and international copyright, trademark and other applicable laws. You may access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the copying, reproduction, modification, distribution, transmission, performance, broadcast, publication, uploading, posting, displaying, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Microsys, is expressly prohibited. Microsys, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Microsys ’s sole discretion. Microsys neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Microsys.
You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or harvest any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use Microsys ’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent. These marks include, but are not limited to, Microsys, [enter trademark], and [enter trademark[JL3] ]; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies; or(vii) attempt to gain unauthorized access to the Site or networks connected to the Site.
Microsys reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Microsys may be entitled, at law or in equity. Microsys reserves all rights not expressly granted in and to the Site and its content.
TRADEMARKS AND COPYRIGHT
All Microsys trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Microsys Technologies Inc. or its licensors or content providers. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its content, including but not limited to data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries. The use (except as permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of Microsys is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that Microsys actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Microsys will make every reasonable effort to display its products and services on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Microsys is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.
All the materials contained in the Site are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and Microsys. The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area.
The information provided on this website may be related to products or services that are not available in your country and/or will not be available at any time.
When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself.
Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send, provide or convey to Microsys are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Microsys an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Microsys the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
You represent that no User Submission made by you to Microsys violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by you to Microsys will be or contain material that is unsolicited or unauthorized advertising, offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material, any form of destructive software, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site, other Microsys websites or would otherwise violate applicable law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold Microsys liable for the User Submissions of others.
LINKS TO THIRD-PARTY WEBSITES
When you access a non-Microsys website, please realize that it is independent of Microsys. Linking to any off-site pages is at your own risk. Microsys makes no warranties or representations about any non-Microsys website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to Microsys websites. None of such links should be deemed to imply that Microsys endorses such third party websites or any content therein.
ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
Although we strive to update and keep accurate information on our Site, errors and/or omissions may occur. We are not responsible if information made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any information on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICROSYS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICROSYS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MICROSYS DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT:
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE;
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES;
YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND
THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MICROSYS’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. WHERE PERMITTED BY LAW, YOU AND MICROSYS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
JURISDICTION AND APPLICABLE LAW
This section applies unless the laws of your jurisdiction apply (such as in Quebec).
ENTIRE AGREEMENT AND ADMISSIBILITY
You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of data, content, materials and information available at or through the Site.
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