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 Terms
and Conditions |
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READ THE FOLLOWING TERM AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS
SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE
("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND
BY THE AGREEMENT.
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1. |
COPYRIGHT NOTICE.
Copyright 2003-2008 CRT AG. All Rights Reserved. |
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2. |
TRADEMARK NOTICE
"CRT AG.", "Composition Research Technologies
AG", “CRTeurope”, the CRT AG logo, the CRTeurope
logo, “CRTeurope.com” and "crtag.com" are
trademarks and/or service marks of CRT AG or Others. Unless otherwise
noted on the Site, all other trademarks, service marks, and logos
used in this Site are the trademarks, service marks or logos of
their respective owners.
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3. |
LICENSE GRANT &
OWNERSHIP BY CRT AG |
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a. |
License. Subject to the
terms and conditions of this Agreement, and until termination
of the Agreement, CRT AG grants you a non-exclusive, non-transferable,
limited license to view or print the Content in this Site without
alterations, for personal, non-commercial use only. This limited
license does not apply to any media or platform other than that
of the current Site.
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b. |
Ownership. All Content on the Site is
(and shall continue to be) owned exclusively by CRT AG or Others,
and is protected under applicable copyrights, patents, trademarks,
trade dress, and/or other proprietary rights, and the copying,
redistribution, use or publication by you of any such Content
or any part of the Site is prohibited. Under no circumstances
will you acquire any ownership rights or other interest in any
Content by or through your Site Use. |
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4. |
RESTRICTIONS ON USE
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a. |
Prohibited Acts. Concerning your Site
Use or any Content, you agree not to knowingly: (i) use any device,
software or technique to interfere with or attempt to interfere
with the proper working of the Site; (ii) post or transmit to
the Site any unlawful, fraudulent, harassing, libelous, or obscene
Information of any kind; (iii) post or send to the Site any Information
that contains a virus, bug, or other harmful item; (iv) publish,
perform, distribute, prepare derivative works, copy, reverse engineer,
or use the Content (other than as expressly permitted herein);
(v) post or transmit into or on the Site any Information in violation
of another party's copyright or intellectual property rights;
(vi) take any action which imposes an unreasonable or disproportionately
large load on CRT AG infrastructure; (vii) redeliver any of the
Content using "framing", hyperlinks, or other technology
without CRT AG express written permission; or, (viii) use any
device or technology to provide repeated automated attempts to
access password-protected portions of the Site.
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b. |
Right to Regulate &: Law Compliance.
You acknowledge that CRT AG has the right, but no obligation,
to monitor the Site and to disclose any Information necessary
to operate the Site, to protect CRT AG, Others, and CRT AG customers,
and to comply with legal obligations or governmental requests.
CRT AG reserves the right to refuse to post or to remove any Information
on the Site, in whole or in part, for any reason. Law Compliance.
You agree to comply with all governmental laws, statutes, ordinances,
and regulations (including unfair competition, anti-discrimination
or false advertising) regarding your Site Use. |
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5. |
YOUR SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected
areas of the Site, you agree to keep your password confidential,
to send Notice to CRT AG within 24 hours if your password is compromised.
You acknowledge that CRT AG neither endorses nor is affiliated
with any Linked-Site and is not responsible for any information
that appears on the Linked-Site. You acknowledge that (i) the
internet is a network of computers worldwide, and that any Information
submitted by you to CRT AG necessarily is routed via third party
computers to CRT AG, (ii) CRT AG is not responsible for lapses
in online security and does not assume liability for improper
use of your Information by a third party.
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6. |
SUBMISSIONS OF INFORMATION
BY YOU
Grant of License to CRT AG. If you submit Information to the Site,
you grant CRT AG a nonexclusive, worldwide, royalty-free license
to (in any media now known or not currently known or invented)
link to, utilize, use, copy, exploit, and prepare derivative works
of the submitted Information. No Information you submit shall
be deemed confidential. However, CRT AG agrees to use your Information
in accordance with CRT AG Privacy Policy applicable to personally
identifiable user data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS
OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION
YOU SUBMIT TO CRT AG.
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7. |
APPLICABILITY &
COOPERATION
CRT AG reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction as it
so desires, or as required by law. CRT AG in its sole discretion
may add, delete or change the Content at any time, without notice
to you.
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8. |
LIMITED WARRANTY AND DISCLAIMER |
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a. |
DISCLAIMER OF WARRANTY. CRT AG AND ALL
CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY
OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE,
IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS"
AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL
WARRANTIES BY CRT AG RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE
THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS,
THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL
INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE
MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
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LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES
FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE),
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR
SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have
additional rights under certain laws (including consumer laws)
which do not allow the exclusion of implied warranties, or the
exclusion or limitation of certain damages. If these laws apply
to you, the exclusions or limitations in this Agreement that directly
conflict with such laws may not apply to you. |
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9. |
CONTACTING CRT AG.
Should you desire to contact CRT AG, you may do so at: CRT AG,
Spirackerstrasse 49, CH-8044 Zürich, Switzerland. Phone 0041
(0)44 567 7676. Email. info@crtag.com. |
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10. |
MISCELLANEOUS |
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a. |
Location & Interpretation. The
language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
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b. |
Equitable Relief. You acknowledge that
any breach by you of the provisions of the Agreement will cause
irreparable damage to CRT AG or Others and that a remedy at law
will be inadequate. Therefore, in addition to any and all other
legal or equitable remedies, CRT AG and Others will be entitled
to injunctive relief for any breach of this Agreement. |
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c. |
Severability. In the event that any
of the provisions of this Agreement shall be held by a court or
other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable. |
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Complete Integration. This Agreement
constitutes the entire agreement between you and CRT AG pertaining
to the subject matter hereof. You agree to review this Agreement
prior to any Site Use, and each Site Use by you shall constitute
and be deemed your unconditional acceptance of this Agreement.
This Agreement may be prospectively modified by CRT AG, by posting
a revised Agreement on the Site. |
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e. |
Termination. The Agreement may be terminated
by either Party, in its sole and absolute discretion, at any time
and for any reason (with or without cause), with or without notice.
If the Agreement is terminated, you agree to cease all Site Use
and, upon request by CRT AG, to return all Information in your
possession relating to the Site, and all copies thereof. |
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f. |
Survival of Certain Provisions. Any
and all provisions or obligations contained in this Agreement
which by their nature or effect are required or intended to be
observed, kept or performed after termination of this Agreement
will survive the termination of this Agreement and remain binding
upon and for the benefit of the parties, their successors and
permitted assignees. |
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g. |
Waiver. No delay or omission to exercise
any right or remedy accruing to CRT AG upon any breach or default
by you shall constitute a waiver by CRT AG of any breach or default.
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h. |
Headings. All article or section headings,
or exhibit names, are for reference and convenience only and shall
not be considered in the interpretation of the Agreement. |
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i. |
No Agency. You and CRT AG are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by
this Agreement. |
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j. |
Conflicts. If this Agreement conflicts
with a provision of any other contract between you and CRT AG
relating to the Site, the provision in such other Agreement shall
govern. |
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11. |
GLOSSARY
The following terms, when used in this Agreement, shall have the
following meanings.
"Content". The term "Content"
means all Information, data, or other material, in any form or
media, contained in, obtained from, or relating to the Site, including
all results obtained from the Site.
"Content Providers".
The term "Content Providers" means both CRT AG and Others.
"Information". The phrase "Information"
includes all data, information, documents, files, personally-identifying
information, and software disclosed by one party to the other
in connection with the Site or your Site Use.
"Linked-Site".
A "Linked-Site" means any internet site (including all
information, data, and content thereon) that is linked to the
Site, but not owned by CRT AG.
"Notice". The
phrase "Notice" refers to the sending of Information
by you to CRT AG via certified mail, return receipt requested,
to CRT AG at the address noted in section 9 above.
"Others".
The terms "Others" means CRT AG direct or indirect licensors,
CRT AG affiliates, or other contributors to the Site (other than
CRT AG).
"Privacy Policy". The phrase "Privacy
Policy" refers to CRT AG official published privacy policy,
if any, describing CRT AG intended uses of your personally identifiable
Information.
"Site". The term "Site"
means any CRT AG internet site, page (and all sub-pages), uniform
resource locator ("URL"), domain location, and all Information
and Content thereon.
"Site Use". The term "Site
Use" means your use of or access to the Site.
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