Terms And Conditions Of Use
A. SITE CONTENT
A.2 Copyright and Restrictions. The contents of this Site are protected by copyright under both United States Of America, French and foreign laws. Unauthorized use of any content may violate copyright, trade-mark, and other laws. You must retain all copyright and other proprietary notices contained in the original content on any copy of the content you make. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content, or any part thereof, for any public or commercial purpose. Use of content obtained from this Site on any other web site for any purpose is prohibited. If you violate any of these restrictions, your permission to use the contents of this Site automatically terminates and you must immediately destroy any copies you have made.
A.3 Trademarks. HyperPanel and Pantalk are trademarks or registered trademarks of HyperPanel. HyperPanel trademarks include all names, marks, brands, logos, designs, trade dress and other designations that HyperPanel uses in connection with the Materials located on the Site. All trademarks belong to HyperPanel. Any other trademarks appearing on the Site belong to their respective owners. Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo or design displayed on this Site without the express written permission of HyperPanel or the respective owner.
A.4 Third Party Submissions. By submitting content to this Site, the user warrants that he has the full right and authority to submit such content and that none of the content submitted is subject to any copyright or other proprietary right of a third party. Content submitted by users are not reflective of the views and opinions of HyperPanel or its licensors, licensees or any of their respective officers, directors, employees or agents. HyperPanel may, in its sole discretion, remove any content from the Site at any time.
A.5 Linked Sites. This Site may contain links to external sites and electronic mail links. These links are provided solely as a convenience to you. Parties other than HyperPanel independently develop the external sites and HyperPanel assumes no responsibility for the accuracy or appropriateness of the information on such external sites. The inclusion of any link to an external site or reference to a third party or its products or services on the linked site should not be construed as an endorsement by HyperPanel of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk.
B. SUPPORT SERVICES
B.1 General. Some Site users will elect to utilize HyperPanel's support services. HyperPanel will use commercially reasonable efforts to promptly deliver the support services described in the service plan you have chosen, in a professional and workman-like manner and in accordance with generally recognized commercial practices and standards. This includes using commercially reasonable efforts to provide timely telephone, facsimile, email, and online access to our support facilities, and responses to your support requests, in accordance with the terms of the service plan you have chosen. Your access to support service resources, and the promptness and accuracy of our response, may vary from time to time with the accuracy and completeness of the background information that you provide, our ability to reproduce the problems you are encountering, the volume of support service traffic, the availability of qualified staff and the availability of second-tier support personnel of our suppliers.
C. DISCLAIMER. THE INFORMATION, MATERIALS AND SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. HYPERPANEL USES REASONABLE EFFORTS TO ENSURE THERE IS UP-TO-DATE AND ACCURATE INFORMATION ON THE SITE, BUT HYPERPANEL CANNOT GUARANTEE THE ACCURACY OF THE CONTENT IT POSTS TO THE SITE. IN ADDITION, THIS SITE CONTAINS MATERIAL SUBMITTED BY OTHER USERS. HYPERPANEL IS NOT RESPONSIBLE FOR AND DOES NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY MATERIAL SUBMITTED BY OTHER USERS. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH AND ACCURACY OF ALL INFORMATION YOU OBTAIN FROM THE SITE. RELIANCE ON ANY CONTENT POSTED ON THE SITE WILL BE AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS OF THE SITE.
D. LIMITED WARRANTY AND NO HYPERPANEL LIABILITY
D.1 EXCLUSION OF WARRANTIES. UNLESS OTHERWISE EXPRESSLY SPECIFIED, THIS SITE, AND THE MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". HYPERPANEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HYPERPANEL DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, SUPPLIER OR MERCHANT OF ANY INFORMATION, PRODUCTS OR SERVICES. HYPERPANEL DOES NOT WARRANT THAT THE INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE ON THIS SITE BY HYPERPANEL. HYPERPANEL DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE MATERIALS OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.
D.2 LIMITATION OF LIABILITY. ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED, HYPERPANEL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HYPERPANEL HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF QSS AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES YOU HAVE PAID TO HYPERPANEL FOR USE OF THIS SITE OR $10.00, WHICHEVER IS GREATER. HYPERPANEL AND ITS REPRESENTATIVES' LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF HYPERPANEL AND ITS REPRESENTATIVES' PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THIS SECTION WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
E. SOFTWARE LICENSES. All HYPERPANEL software that is made available for downloading from this Site is protected by copyright and may be protected by otherrights. Your downloading and use of any such software is made conditional on your agreement to bebound by the terms of the software license agreement accompanying such software. If there is no license associated with the software, your license rights in the software are as set out in section A.2 (Copyright and Restrictions).
G. GENERAL INFORMATION
G.1 Confidential Information. Unless otherwise specified, all information sent to the Site will, when received, be treated by HYPERPANEL as non-confidential information. By sending HYPERPANEL non-confidential information, you grant HYPERPANEL a royalty free, perpetual, unrestricted, world wide, irrevocable license to use, reproduce, display, perform, publish, modify, transmit and distribute the non-confidential information alone or as part of otherworks in any form, medium or technology, whether now known or hereafter developed, and to sub-license suchr ights to HYPERPANEL licensees.
G.2 Security. The Internet is not a secure medium and privacy during transmission cannot be guaranteed. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and HYPERPANEL cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. HYPERPANEL will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do soat your own risk.
G.3 Export Control. You acknowledge and agree that Software or other materials obtained on the Site may be subject to French and foreign export laws and regulations. You will not export or re-export, directly or indirectly, the Software or information pertaining there to to any country for which any government or any agency thereof requires an export license or governmental approval at the time of export or re-export without first obtaining such license or approval.