This Agreement sets forth the Standard Terms and Conditions that apply
to use of the Exquisys Software Technology LTD site.
YOUR USE OF THE Exquisys Software Technology LTD SERVICES INDICATES YOUR AGREEMENT TO BE
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms and Conditions, and abide
by them if you choose to use the sites, or accept the services or benefits,
to which such terms apply.
CONDITIONS OF USE
You are entirely responsible and liable for all postings to Exquisys Software Technology LTD and the contents of your messages and the consequences of any such
messages. You agree to abide by all applicable local, state, national
and international laws and regulations regarding your use of our service.
You agree that you will not use Exquisys Software Technology LTD for chain letters, junk
mail, "spamming", solicitations (commercial or noncommercial)
or any use of distribution lists to any person who has not given specific
permission to be included in such a process.
You agree that you will not upload or transmit any Content to Exquisys Software Technology LTD that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party. By submitting
Content to Exquisys Software Technology LTD you automatically grant or warrant that the
owner of such Content has expressly granted Exquisys Software Technology LTD the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known
or later developed for the full term of any Rights that may exist in such
The links on the Exquisys Software Technology LTD Web Site may let you leave the Exquisys Software Technology LTD Web Site. You acknowledge that the linked sites are not under the
control of Exquisys Software Technology LTD and Exquisys Software Technology LTD is not responsible for
the contents or operation of any linked site or any link contained in
a linked site, or any changes or any updates of such sites. Exquisys Software Technology LTD is not responsible for web casting or any other form of transmission
received from any linked site. Exquisys Software Technology LTD is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by Exquisys Software Technology LTD of the linked site or any association with
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Exquisys Software Technology LTD Web Site you warrant
to Exquisys Software Technology LTD that you will not use the Exquisys Software Technology LTD Web Site
for any unlawful purpose.
COPYRIGHT AND TRADEMARKS
All contents of the Exquisys Software Technology LTD Web Site are proprietary to Exquisys Software Technology LTD, and/or its suppliers and are protected under international Copyright
and Trademark law. All rights are reserved. Exquisys Software Technology LTD reserves any
rights not expressly granted herein.
Exquisys Software Technology LTD may, from time to time, send e-mail messages to Users
regarding Users account. Exquisys Software Technology LTD will not, however, provide your
e-mail address to third parties, nor send you promotional messages regarding
third party services not directly related to Exquisys Software Technology LTD.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE Exquisys Software Technology LTD SERVICE PROVIDED IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Exquisys Software Technology LTD
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Exquisys Software Technology LTD SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY Exquisys Software Technology LTD, ITS EMPLOYEES,
LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH
INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Exquisys Software Technology LTD, OR
ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
THE Exquisys Software Technology LTD SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON
ANY INFORMATION OBTAINED ON THE Exquisys Software Technology LTD SERVICE; OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED
TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES
THAT THIS PROVISION WILL APPLY WHETHER OR NOT Exquisys Software Technology LTD IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT
FOR WHATEVER REASON.
If by reason of failures of telecommunications or internet service providers,
labor disputes, riots, inability to obtain labor or materials, earthquake,
fire or other action of the elements, accidents, governmental restrictions
or other causes beyond the control of Exquisys Software Technology LTD, Exquisys Software Technology LTD
is unable to perform in whole or in part its obligations as set forth
in this Agreement, then Exquisys Software Technology LTD shall be relieved of those obligations
to the extent it is so unable to perform and such inability to perform
shall not make Exquisys Software Technology LTD liable to the User.
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely - confidentiality/non-disclosure,
warranty, indemnification, liability and limits thereon, rights and obligations
upon and following termination and assignment.
You agree to defend, indemnify and hold harmless Exquisys Software Technology LTD against
any and all claims, losses, liability costs and expenses (including but
not limited to reasonable attorneys' fees) arising from your violation
of these Terms and Conditions or any third-party's rights, (including,
without limitation, infringement of any copyright trademark, service mark,
trade secrets, right of privacy or publicity or any other third party
right). The terms of this section shall survive the termination of your
relationship with Exquisys Software Technology LTD.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such action.
In the event of a merger or consolidation of Exquisys Software Technology LTD, the surviving
or new corporation and any subsidiaries are similarly subject to the rights
and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete
and exclusive statement of the Agreement between the parties regarding
the products and services provided hereunder, and supercedes any prior
Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
Exquisys Software Technology LTD reserves the right to modify this policy at any time and
without advance notice, effective upon making the modified provisions
available on the Exquisys Software Technology LTD Web Site. You are responsible for regularly
reviewing these documents. Continued use of the Exquisys Software Technology LTD Web Site
after any such changes shall constitute your consent to such changes.
Exquisys Software Technology LTD does not and will not assume any obligation to notify