Terms Of Use

ACCEPTANCE. PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING OR USING THE PROTERIAL WEBSITE (“Site”). By accessing and using the Site, you agree to be bound by the terms and conditions set forth below or any additional terms and conditions set forth on this Site without limitation or qualification ("the Agreement"). IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE.
PROTERIAL reserves the right, without notice and for any reason, to alter, update or remove any content on this Site, the products and services described therein, and to deny access of a user or users to all or part of this Site. Such modifications shall be effective immediately upon posting. You agree to review this Agreement periodically to be aware of such modifications and your continued access shall be deemed your conclusive acceptance of the modified Agreement.

UNITED STATES GOVERNING LAW. PROTERIAL developed and controls this Site in the United States of America. PROTERIAL makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Agreement will be governed by and construed under the laws of the State of New York in the United States of America, excluding only its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts within the state of New York with respect to the terms of this Agreement, or any legal action or proceeding between PROTERIAL and you arising out of your access and use of this Site, and you waive any right to bring a change of jurisdictional venue or inconvenient forum motion to such courts.
With respect to the export and re-export of technology originating in the United States, you agree to abide by the United States laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content from the PROTERIAL site to any countries or foreign nationals in violation of such laws and regulations.

LIMITATIONS, CONDITIONS AND RESTRICTIONS ON USE. Information contained on this Site is for your personal and non-commercial use. Authorization to enter this Site is not a transfer of title of any of the materials made available on this Site and is subject to the terms, restrictions and limitations contained herein. Use of this site is subject to the following restrictions:
(1) You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative works from, or sell any information, products or services obtained from this Site for any public or commercial purpose;
(2) You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative works from, or sell any information, products or services obtained from this Site in any manner inconsistent with the terms and conditions set forth in this agreement;
(3) You agree not to transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use;
(4) You agree to retain all copyright and other proprietary notices contained on all information, materials, documents and software contained on this Site;
(5) You agree to abide by all additional restrictions displayed onthis Site and License Agreement, if any.
Your use and browsing of the Site is done at your own discretion and at your own risk. This publication may include inaccuracies or errors. THIS SITE, MATERIALS, DOCUMENTS, INFORMATION AND RELATED GRAPHICS CONTAINED THEREIN ARE PREPARED AND PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS OF ANY KIND OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SUCH WARRANTIES ARE DISCLIAMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL PROTERIAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER OR ANY DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DOCUMENTS HEREIN OR YOUR ACCESSING, BROWSING IN, LINK USAGE AND USE OF THIS SITE. PROTERIAL also assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. PROTERIAL makes no warranty or representation with respect to the quality, accuracy or availability of the Site.

RELATIONSHIP OF PARTIES. You acknowledge and agree that you and PROTERIAL are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

LIMITATIONS, CONDITIONS AND RESTRICTIONS OF MATERIALS AVAILABLE ON THIS WEB SITE. Use of materials (such as owners manuals, brochures, press releases) available on this web site is for informational, non-commercial or personal use only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this web site in any way unless otherwise authorized and subject to any conditions set forth in this Agreement. Owners’ manuals are for use with corresponding purchased PROTERIAL products only. You may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. You agree to indemnify, defend and hold harmless PROTERIAL for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to PROTERIAL and that in the event of unauthorized use, PROTERIAL shall be entitled to an injunction in addition to any other remedies available at law or in equity.

COPYRIGHTS, OTHER RIGHTS. Copyright in these documents published on the PROTERIAL Site is owned by PROTERIAL. Copyright to some individual Images contained within the portion of the Site may belong to others. PROTERIAL authorizes you to reproduce the documents for non-commercial use by you or within your organization only, provided that the above copyright notice appears on each and all copies, documentation and other materials related to any use of these documents. PROTERIAL specifically retains all rights, including copyright, which it may have in data, files and/or images, text and the media they contain. Commercial publications, copying or redistribution of PROTERIAL documents in any manner for personal or corporate gain is prohibited without prior written permission. Any product, service, program or technology described in any document by PROTERIAL on this site may be the subject of other intellectual property rights owned by PROTERIAL or others. Any such right that is not expressly licensed hereunder is reserved by PROTERIAL and/or the owner of such right.

TRADEMARKS. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the PROTERIAL Site are registered and unregistered Trademarks of PROTERIAL and others. The following list may not contain an exhaustive list of all trademarks currently registered or used by PROTERIAL. PROTERIAL and the PROTERIAL Logo are registered Trademarks of Proterial, Ltd. AIRSHO, HITSEC, ZERO HAND CODING, ZHC, VIEWSEUM, and ONEVISION are either registered Trademarks or Trademarks of Proterial America, Ltd. in the United States and in other countries. Nothing contained in the PROTERIAL Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use the Trademark displayed on the PROTERIAL Site without written permission of PROTERIAL or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the PROTERIAL Site is prohibited.

LINKS TO THIRD PARTY SITES. PROTERIAL has provided as a convenience to you links to Web sites operated by other entities. PROTERIAL has not reviewed all of the sites, which are linked to the PROTERIAL Site, and does not have control over links to other sites. The presence of such links does not indicate any approval or endorsement of any material contained on any linked site. PROTERIAL is not responsible for the contents of any site linked to the PROTERIAL Site; your connection to any such linked site is at your own risk.

SOFTWARE AVAILABLE ON THIS SITE. Any software made available for download from this Site (“Software”) is the copyrighted work of PROTERIAL and/or its supplier. Use of any Software is governed by the terms of the license agreement, if any, which is included with the Software. You must agree to the License Agreement terms before proceeding to install any Software made available on this Site. Any reproductions or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. This Site may contain references to specific PROTERIAL products and services that may not be readily available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local PROTERIAL business contact for further information.

VIOLATIONS OF TERMS AND CONDITIONS. PROTERIAL reserves the right to pursue any and all legal and equitable remedies against you should you violate any terms and conditions contained in this Agreement, on License Agreement or any additional terms and conditions set forth in the Site PROTERIAL will use reasonable efforts to include accurate and up to date information, but makes no warranties or representations as to its accuracy or completeness. PROTERIAL shall not be liable for damages of any kind arising out of your access, or inability to access, this Site or your reliance on the information in this Site. The products and services descriptions included are for the sole purpose of providing a general reference tool concerning the nature and type of products and services available from PROTERIAL. The descriptions are not intended to be relied upon by potential clients. If you are interested in a particular product or service, please contact us. Except as otherwise noted, the communications and material you send to PROTERIAL by Internet electronic mail or otherwise are on a non-confidential basis. Any information you send to PROTERIAL must be truthful, not violate the rights of others and be legal.

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