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2.1 Any text, artwork, interface, image, trademark, logo, sound, music, picture, computer code and/or other material (collectively, the “Content”) on the Site, including but not limited to the design, structure, selection, coordination, display, appearance and/or arrangement of such Content, is owned, or controlled or licensed by ESA and is protected by any relevant law currently in force.
2.3 Users are entitled to use the information on the products and services of ESA (such as product data sheets, configuration files, similar material, etc.) purposely made available by ESA for downloading from the Site, provided that: (i) they do not remove any proprietary notice language on copies of such documents; (ii) they use such information only for personal and non-commercial purposes, and do not copy and/or post any such information on networked computers and/or broadcast it in any media; (iii) they do not make any modification to any such information.
3. Use of the Site
3.1 Users may not use any kind of technique and/or device, programme, method or algorithm, or any similar or equivalent manual process, in order to access, acquire, copy and/or monitor any portion of the Site and/or of the Content. Users are also prohibited from reproducing and/or circumventing the navigation structure and/or presentation of the Site and/or of any Content to obtain or attempt to obtain any materials, documents and/or information through any means not purposely made available through the Site. ESA reserves the right to bar any such activity.
3.2 User accepts and undertakes to refrain from gaining and/or attempting to gain unauthorized access to any portion or feature of the Site, or to any other system or network connected to the Site or to any ESA server, or to any of the services offered on or through the Site, by hacking, password interception or any other illegitimate means.
3.3 User may not probe, scan and/or test the vulnerability of the Site or of any network connected to it, nor breach its security or authentication measures. Also, User may not reverse look-up, trace or seek to trace the origin of any information on any other User or visitor to the Site, or any other ESA customer. Furthermore User may not exploit the Site or any service and information made available or offered through the Site for the purpose to reveal any information pertaining to third parties, including but not limited to personal identification information.
3.4 User agrees and undertakes not to take any action that imposes a disproportionate and/or excessive load on the infrastructure of the Site or on ESA systems and networks or on any systems or networks connected to the Site or to ESA.
3.5 User agrees and undertakes not to use any device, software and/or process to interfere, or attempt to interfere, with the proper working of the Site or of any transaction being conducted on same as well as with the use of the Site by third parties.
4. Purchases; other terms and conditions
4.2 ESA obligations, if any, with regards to its services and products are governed solely by the agreements pursuant to which such services and products are provided; therefore, nothing on this Site may be construed to alter such agreements.
4.3 ESA reserves the right to make changes to any service and/or product offered on the Site, without notice and at any time. The materials on the Site with respect to products or services may be out of date. ESA makes no commitment to correct and/or to update such materials and accepts no responsibility on the matter.
5. Account, password and security
5.1 Certain services and/or features offered on or through the Site may require the opening of an account (including setting up an ESA ID and password). In order to open an account or to set up an ESA ID Users are asked to provide personal information such as, for example, their name, date of birth, email address or credit card details. User is entirely responsible for maintaining the confidentiality on User’s account information, including password, and on any and all activity originating from that account. User agrees and undertakes to notify ESA immediately of any unauthorized use of User’s account or password, or of any other breach of security. However, it is possible that User may be held liable for losses incurred by ESA or by other users or visitors to the Site due to third party use of User’s ESA ID, password or account.
5.2 User may not use anyone else’s ESA ID, password or account without the express written permission and consent of the rightful identity owner. ESA will not be liable for any loss or damage arising from the failure to comply with these obligations on the part of User.
7. Links to the ESA Site and to other websites
7.1 The Site may contain links to independent third-party websites (hereinafter the “Linked Sites”). Such Linked Sites are provided solely as a convenience to visitors. Such Linked Sites are not under the control of ESA and ESA is not responsible for and does not endorse their contents, including any materials and information contained in them. Therefore Users will need to make their own independent judgement regarding their interactions with any Linked Site.
8.1 ESA does not warrant that the Site or any Content, service or feature will be error free. ESA additionally does not warrant that the Site or any Contents will be available uninterruptedly, or that any defects will be corrected, or that the use of the Site by Users will provide specific results. All information provided on the Site is subject to change without notice. ESA does not warrant that any files or other data downloaded from the Site are free from viruses or contaminations or destructive features. ESA disclaims any express and/or implied warranty, including but not limited to any warranty of accuracy, non-infringement, merchantability and fitness for a particular purpose. ESA disclaims any and all liability for the acts, omissions and conduct of any third party in connection with and/or related to the use of the Site and/or of any ESA service by Users. User assumes total responsibility for User’s use of Site and any Linked Sites. In the event User is not satisfied with the Site and/or any Content, the only remedy will be to stop using the Site or the Content.
8.2 The above disclaimer applies to any damage, liability or injury caused by malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.
8.3 ESA reserves the right to do any of the following, at any time, without notice: (i) to suspend, modify or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion thereof, and any applicable regulation or condition applicable to the Site; (iii) to interrupt the operation of the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
9. Limitation of liability
9.1 Except where prohibited by law, in no event ESA will be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ESA has been advised of the possibility of such damages.
10.1 User agrees and undertakes to indemnify and hold harmless ESA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demand, loss, liability, claim or expense (including attorney’s fees), arising in any way out of the use of the Site by User.
11.1 ESA reserves the right to disclose any information regarding Users (including their identity) if such disclosure is necessary in connection with any investigation or complaint regarding the use of the Site by a User, or to identify, contact or bring legal actions against persons who may harm or interfere with the rights of ESA or of visitors to or users of the Site, including ESA customers. ESA reserves the right to disclose at any time any information which may be required to comply with any applicable law, regulation, legal process or governmental request. ESA reserves also the right to disclose Users’ information in the event applicable laws currently in force require or permits such disclosure, including the exchange of information with other companies and organizations for fraud protection purposes.
11.4 ESA reserves the right, in its sole discretion, to deny access to the Site, without prior notice, in the following instances but not limited to them: (i) at the request of law enforcement or other government agencies; (ii) at the request of User (self-initiated account deletion); (iii) discontinuance or material modification of the Site or of any service offered on or through the Site; (iv) unexpected technical issues or problems.
12. Governing Law, Jurisdiction
13.1 ESA administers and operates the Site from its location in the official company headquarters in Switzerland. Other websites linked to and/or owned by ESA and/or its subsidiaries and/or affiliates, including ESA websites worldwide, other than the Site, may be administered and operated from locations outside Switzerland. Although the Site is accessible from all over the world, certain products, features or services described, referenced, provided or offered on or through the Site could be available only to certain persons or in certain geographic areas. ESA reserves the right to restrict, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited by applicable provisions of law. Access to the Site from outside the territory of Switzerland is made on the initiative of Users who are solely responsible for complying with applicable local laws.
14. Miscellaneous provisions
14.1 User may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any law or regulation currently applicable.
15. Feedback and information
15.1 Any feedback posted on the Site will be deemed to be non-confidential. ESA will be free to use such information on an unrestricted basis at its sole discretion.
14. Miscellaneous provisions.
The information contained in this website is subject to change without notice. All rights reserved. Eversys SA, tax-payer identification, Register number CHE-115.034.362, registered office at Ecoparc de Daval A2, 3960 Sierre, Switzerland.