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haroTech gmbh Web Site Agreement
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haroTech.com Web Site (the "Site") is an online information service provided
by haroTech gmbh ("haroTech.com "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. haroTech.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. |
| 1. Copyright, Licenses and Idea Submissions. |
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The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are haroTech.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to haroTech.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to haroTech.com by all means and in any media now known
or hereafter developed. You also grant to haroTech.com the right to
use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against haroTech.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to haroTech.com.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of
haroTech.com. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
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| 2. Use of the Site |
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You understand that, except for information, products or
services clearly identified as being supplied by
haroTech.com, haroTech.comdoes not operate, control or
endorse any information, products or services on the
Internet in any way. Except for haroTech.com- identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with haroTech.com a. You also understand that
haroTech.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. haroTech.com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND haroTech.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. haroTech.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. haroTech.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL haroTech.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF haroTech.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, haroTech.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
haroTech.com makes no representations whatsoever about
any other web site which you may access through this one or
which may link to this Site. When you access a
non-haroTech.com web site, please understand that it is
independent from haroTech.com, and that haroTech.com has no
control over the content on that web site. In addition, a
link to a haroTech.com web site does not mean that
haroTech.com endorses or accepts any responsibility for the
content, or the use, of such web site.
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3. Indemnification
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You agree to indemnify, defend and hold harmless haroTech.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
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| 4. Third Party Rights. |
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The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of haroTech.com and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
| 5. Term; Termination |
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This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this
Agreement.
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6.Miscellaneous
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This Agreement shall all be governed and construed in
accordance with the laws of Germany applicable to agreements
made and to be performed in Germany. You agree that any
legal action or proceeding between haroTech.com and you for
any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
Germany . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or
cause of action is barred. haroTech.com's failure to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. haroTech.com may assign its
rights and duties under this Agreement to any party at any
time without notice to you.
Any rights not expressly granted herein are reserved.
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