Any use of this web site ("Micro-X Web Site"), provided by Micro-X Ltd and/or its affiliates (collectively "Micro-X"), is subject to these terms of use (“Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions. In accessing or using the Micro-X Web Site, these Terms of Use are accepted in their then current version.
Update to and conditions of Terms of Use
Micro-X may update or amend these Terms of Use from time to time and in its discretion. All changes are effective immediately when posted and apply to all access to, and use of, the Micro-X Web Site thereafter.
Continuing to use the Micro-X Web Site following any revised Terms of Use means that the User accepts and agrees to the changes.
The User is solely and entirely responsible for their own use of the Micro-X Web Site and your computer, data and internet security.
Prohibited Activities
The User may use the Micro-X Web Site only for lawful purposes and in accordance with these Terms of Use.
Additionally, the User agrees not to:
Use the Micro-X Web Site in any manner that could disable, overburden, damage or impair the Micro-X Web Site or interfere with any other person’s use of the Micro-X Web Site
Violate any intellectual property right or any other proprietary right.
Use any robot or other automatic device, process or means to access the Micro-X Web Site to monitor or copy any material on the Micro-X Web Site for any purpose not expressly authorised in these Terms of Use without Micro-X’s written consent.
Use any device, software or routine which interferes with the proper working order of the Micro-X Web Site.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt, any parts of the Micro-X Web Site, the server on which the Micro-X Web Site is stored, or any server, computer or database connected to the Micro-X Web Site.
Micro-X may deny access to the Micro-X Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
Services
This Micro-X Web Site contains specific information, content, functionality and related documentation, for viewing or downloading.
Micro-X may stop the operation of the Micro-X Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Micro-X cannot accept any liability for the continuous availability of the Micro-X Web Site.
Rights of Use to Information, Software and Documentation
The use of any information and documentation made available on, or via, this Micro-X Web Site is subject to these Terms of Use or, in case of updating information or documentation, subject to the applicable license terms previously agreed to with Micro-X.
Micro-X owns all rights, title interest, and/or licenses to the images, documentation, and/or all other information on this Micro-X Web Site and all content thereon.
This Micro-X Web Site may contain confidential and/or proprietary content of Micro-X that is protected by copyright and other laws respecting proprietary rights, including the software, images, documentation, and/or all other information on this Micro-X Web Site and all content thereon. Micro-X retains all rights in the Micro-X Web Site, and such confidential and/or proprietary content, including (without limitation) all copyright, derivative rights, and other proprietary rights, on a worldwide basis, also including, but not limited to, patents, know-how, and trademarks. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
Intellectual Property
Notwithstanding the particular provisions in Section 5 above, information, brand names and other contents of the Micro-X Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used or modified in any other way without the prior written permission of Micro-X.
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
Micro-X may, without charge, use any ideas or proposals, images, software, or other information stored by a User on the Micro-X Web Sites for the development, improvement and sale of its products.
Hyperlinks
The Micro-X Web Site may contain hyperlinks to the web pages of third parties. Micro-X shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Micro-X does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
Intellectual Property
Micro-X make no representations or warranties regarding the accuracy or completeness of this Micro-X Web Site’s content. Except as specifically provided in this Agreement, this Micro-X Web Site and its content therein, are provided to the User “as is”. Micro-X make no other representation or warranty, either express or implied. Micro-X does not warrant the accuracy, completeness, performance, currency, merchantability, or fitness for a particular purpose of this Micro-X Web Site or the content it contains or the method of delivering that information to the User. Insofar as any software, images, documentation and/or all other information is made available at no cost, any liability for defects as to quality or title of the software, images, documentation, and all other information, especially in relation to the correctness or absence of defects or the absence of claims, or third-party rights or in relation to completeness and/or fitness for purpose, are excluded.
Micro-X disclaims all responsibility for any loss or claim of any kind resulting from, arising out of, or any way related to (a) errors in or omissions in this Micro-X Web Site, including technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in any of this Micro-X Web Site’s content, (c) the unavailability of this Micro-X Web Site, (d) any use of this Micro-X Web Site or any content contained therein, (e) any use of any equipment or software in connection with this Micro-X Web Site, or (f) any reliance on the information contained in this Micro-X Web Site, even if advised of the possibility of such damages.
In no event shall Micro-X, or its or their respective officers, directors, employees, shareholders, agents, or representatives, be liable to the User or any other person for any special, indirect, incidental, exemplary, punitive, or consequential damages or loss of goodwill in any way arising from or relating to the use of or inability to use this Micro-X Web Site, even if Micro-X has been notified of the possibility of such damages. In no event may the User bring any claim or cause of action against Micro-X more than one (1) year after such claim or cause of action arises.
The information on this Micro-X Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
Although Micro-X makes every endeavour to keep this Micro-X Web Site free from viruses, Micro-X cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
Data Privacy
For collection, use and processing of personally identifiable data of the User of the Micro-X Web Site, Micro-X shall comply with applicable laws on data privacy protection and the Micro-X Web Site Privacy Policy, which is available per hyperlink on the Micro-X Web Site.
Supplementary Agreements, Place of Jurisdiction, Applicable Law
These Terms of Use and the User’s use of the site are governed by the laws of South Australia without regard to conflict of laws principles thereof. By using the site, you irrevocably (a) consent to the jurisdiction of the state and Federal courts located in the South Australia for any action arising out of or relating hereto or thereto, (b) agree that all claims in respect of such action or proceeding may be heard and determined in any such court, (c) waive any claim of inconvenient forum or other challenge to venue in such court, and (d) agree not to bring any action or proceeding in any other court.
The individual pages of this Micro-X Web Site are operated and administered by Micro-X. The pages comply with the law applicable in the country where the responsible company has its business residence. Micro-X makes no representation that information, software and/or documentation on the Micro-X Web Site are appropriate or available for viewing or downloading at locations outside such country. If User’s access Micro-X Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Micro-X Web Site's information, images, documentation, and/or other information from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Micro-X, the User should contact the Micro-X representative for the particular country for country specific business.
This Agreement, as it may be amended from time to time in the sole discretion of Micro-X and constitutes the entire agreement between the User and Micro-X, and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of this Agreement. If any provision of this Agreement shall be held to be unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable.
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