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SDA Technical Services UK Web Site Agreement
The ATEX Consultancy Web Site (the "Site")
is an online information service provided by SDA Technical Services UK ("ATEX Consultancy
"), 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. ATEX Consultancy 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.
The entire
contents of the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are ATEX Consultancy, 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 ATEX Consultancy 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 ATEX Consultancy
by all means and in any media now known or hereafter developed. You also grant to
ATEX Consultancy 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
ATEX Consultancy for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to ATEX Consultancy.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the exclusive
trademarks or service marks of ATEX Consultancy. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of
the Site.
You understand that, except for information, products or services clearly
identified as being supplied by ATEX Consultancy, ATEX Consultancy does not operate,
control or endorse any information, products or services on the Internet in any way.
Except for ATEX Consultancy- 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 ATEX Consultancy a. You also understand
that ATEX Consultancy 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. ATEX Consultancy
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 NON INFRINGEMENT, 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 ATEX Consultancy 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. ATEX Consultancy 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. ATEX Consultancy HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ATEX Consultancy 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 ATEX Consultancy 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, ATEX Consultancy LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
ATEX Consultancy 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-ATEX Consultancy web site, please understand
that it is independent from ATEX Consultancy, and that ATEX Consultancy has no control
over the content on that web site. In addition, a link to a ATEX Consultancy web
site does not mean that ATEX Consultancy endorses or accepts any responsibility for
the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless ATEX Consultancy, 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.
4. Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of ATEX Consultancy 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.
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.
6. Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of United Kingdom applicable to agreements
made and to be performed in United Kingdom. You agree that any legal action or proceeding
between ATEX Consultancy 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 United Kingdom . 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.
ATEX Consultancy'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. ATEX Consultancy 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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