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Master Subscription Agreement
LOGOTEC ENGINEERING TERMS OF USE:
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“Logotec Mobilization Service” TERMS OF
USE:
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BY CLICKING THE "I ACCEPT"
BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING
TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF
LOGOTEC'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE
"SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A
COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO
BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS
"YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT
HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS,
YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
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Welcome
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As part of the Service, Logotec will
provide you with use of the Service, including data encryption, transmission,
access, and synchronization functionality. Your registration for, or use of,
the Service shall be deemed to be your agreement to abide by this Agreement
including any materials available on the Logotec website incorporated by
reference herein, including but not limited to Logotec's privacy and security
policies. For reference, a Definitions section is included at the end of this
Agreement.
In addition, we offer a 30-day free
trial with no further obligation.
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1. Privacy & Security; Disclosure
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Logotec's privacy and security policies
may be viewed at http://www.LogotecEngineering.com. Logotec reserves the
right to modify its privacy and security policies in its reasonable
discretion from time to time. Individual users when they initially log in,
can be asked whether or not they wish to receive marketing and other
non-critical Service-related communications from Logotec from time to time.
They may opt out of receiving such communications at that time or at any
subsequent time by changing their preference under Personal Setup. Note that
because the Service is a hosted, online application, Logotec occasionally may
need to notify all users of the Service (whether or not they have opted out
as described above) of important announcements regarding the operation of the
Service. If you become a paying customer of the Service, you agree that
Logotec can disclose the fact that you are a paying customer.
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2. License Grant & Restrictions
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Logotec hereby grants you a
non-exclusive, non-transferable, worldwide right to use the Service, solely
for your own internal business purposes, subject to the terms and conditions
of this Agreement. All rights not expressly granted to you are reserved by
Logotec and its licensors.
You may not access the Service if you are a direct competitor of Logotec,
except with Logotec's prior written consent. In addition, you may not access
the Service for purposes of monitoring its availability, performance or
functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense,
sell, resell, transfer, assign, distribute or otherwise commercially exploit
or make available to any third party the Service or the Content in any way;
(ii) modify or make derivative works based upon the Service or the Content;
(iii) create Internet "links" to the Service or "frame" or
"mirror" any Content on any other server or wireless or
Internet-based device; or (iv) reverse engineer or access the Service in
order to (a) build a competitive product or service, (b) build a product
using similar ideas, features, functions or graphics of the Service, or (c)
copy any ideas, features, functions or graphics of the Service. User licenses
cannot be shared or used by more than one individual User but may be
reassigned from time to time to new Users who are replacing former Users who
have terminated employment or otherwise changed job status or function and no
longer use the Service.
You may use the Service only for your
internal business purposes and shall not: (i) send spam or otherwise
duplicative or unsolicited messages in violation of applicable laws; (ii)
send or store infringing, obscene, threatening, libelous, or otherwise
unlawful or tortuous material, including material harmful to children or
violative of third party privacy rights; (iii) send or store material
containing software viruses, worms, Trojan horses or other harmful computer
code, files, scripts, agents or programs; (iv) interfere with or disrupt the
integrity or performance of the Service or the data contained therein; or (v)
attempt to gain unauthorized access to the Service or its related systems or
networks.
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3. Your Responsibilities
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You are responsible for all activity
occurring under your User accounts and shall abide by all applicable local,
state, national and foreign laws, treaties and regulations in connection with
your use of the Service, including those related to data privacy,
international communications and the transmission of technical or personal
data. You shall: (i) notify Logotec immediately of any unauthorized use of
any password or account or any other known or suspected breach of security;
(ii) report to Logotec immediately and use reasonable efforts to stop
immediately any copying or distribution of Content that is known or suspected
by you or your Users; and (iii) not impersonate another Logotec user or
provide false identity information to gain access to or use the Service.
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4. Account Information and Data
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Logotec does not own any data,
information or material that you submit to the Service in the course of using
the Service ("Customer Data"). You, not Logotec, shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all
Customer Data, and Logotec shall not be responsible or liable for the
deletion, correction, destruction, damage, loss or failure to store any
Customer Data. In the event this Agreement is terminated (other than by
reason of your breach), Logotec will make available to you a file of the
Customer Data within 30 days of termination if you so request at the time of
termination. Logotec reserves the right to withhold, remove and/or discard
Customer Data without notice for any breach, including, without limitation,
your non-payment. Upon termination for cause, your right to access or use
Customer Data immediately ceases, and Logotec shall have no obligation to
maintain or forward any Customer Data.
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5. Intellectual Property Ownership
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Logotec alone (and its licensors, where
applicable) shall own all right, title and interest, including all related
Intellectual Property Rights, in and to the Logotec Technology, the Content
and the Service and any suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by you or any other party
relating to the Service. This Agreement is not a sale and does not convey to
you any rights of ownership in or related to the Service, the Logotec
Technology or the Intellectual Property Rights owned by Logotec. The Logotec
name, the Logotec logo, and the product names associated with the Service are
trademarks of Logotec or third parties, and no right or license is granted to
use them.
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6. Third Party Interactions
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During use of the Service, you may enter
into correspondence with, purchase goods and/or services from, or participate
in promotions of advertisers or sponsors showing their goods and/or services
through the Service. Any such activity, and any terms, conditions, warranties
or representations associated with such activity is solely between you and
the applicable third-party. Logotec and its licensors shall have no
liability, obligation or responsibility for any such correspondence, purchase
or promotion between you and any such third-party. Logotec does not endorse
any sites on the Internet that are linked through the Service. Logotec
provides these links to you only as a matter of convenience, and in no event
shall Logotec or its licensors be responsible for any content, products, or
other materials on or available from such sites. Logotec provides the Service
to you pursuant to the terms and conditions of this Agreement. You recognize,
however, that certain third-party providers of ancillary software, hardware
or services may require your agreement to additional or different license or
other terms prior to your use of or access to such software, hardware or
services.
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7. Charges and Payment of Fees
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You shall pay all fees or charges to
your account in accordance with the fees, charges, and billing terms in
effect at the time a fee or charge is due and payable. Payments must be made
in advance for the given period. The minimum period is a month. All payment
obligations are noncancelable and all amounts paid are nonrefundable. You are
responsible for paying for all User licenses ordered for the entire License
Term, whether or not such User licenses are actively used. You must pay at
least for a month as a condition to signing up for the Service. An authorized
License Administrator may add licenses by executing an additional written
Order Form or using the Online Order Center however a new license will be
activated only after being paid in advance for the given billing month. The
licenses added in the middle of a billing month will be charged in full for
that billing month. Logotec reserves the right to modify its fees and charges
and to introduce new charges at any time, upon at least 30 days prior notice
to you, which notice may be provided by e-mail. All pricing terms are
confidential, and you agree not to disclose them to any third party.
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9. Billing and Renewal
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Logotec charges and collects in advance
for use of the Service. Logotec will automatically renew and bill your credit
card or issue an invoice to you each month (or other longer period you decide
to use while ordering the license) or as otherwise mutually agreed upon. The
renewal charge will be equal to the then-current number of total User licenses
times the license fee in effect during the prior term, unless Logotec has
given you at least 30 days prior written notice of a fee increase, which
shall be effective upon renewal and thereafter. Fees for other services will
be charged on an as-quoted basis. Logotec's fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities, and you shall be responsible
for payment of all such taxes, levies, or duties, excluding only taxes based
solely on Logotec's income.
You agree to provide Logotec with complete and accurate billing and contact
information. This information includes your legal company name, street
address, e-mail address, and name and telephone number of an authorized
billing contact and License Administrator. You agree to update this
information within 30 days of any change to it. If the contact information
you have provided is false or fraudulent, Logotec reserves the right to
terminate your access to the Service in addition to any other legal remedies.
Unless Logotec in its discretion determines
otherwise: (i) entities with headquarters and a majority of users resident in
the United States will be billed in U.S. dollars and subject to U.S. payment
terms and pricing schemes ("U.S. Customers"); and (ii) all other
entities will be billed in U.S. dollars, Euros or local currency and be
subject to either U.S. or non-U.S. payment terms and pricing schemes at the
discretion of Logotec.
If you believe your bill is incorrect, you must contact us in writing within
60 days of the invoice date of the invoice containing the amount in question
to be eligible to receive an adjustment or credit.
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10. Non-Payment and Suspension
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In addition to any other rights granted
to Logotec herein, Logotec reserves the right to suspend or terminate this
Agreement and your access to the Service if your account becomes delinquent
(falls into arrears). Delinquent invoices (accounts in arrears) are subject
to interest of 1.0% per month on any outstanding balance, or the maximum
permitted by law, whichever is less, plus all expenses of collection.
You agree and acknowledge that Logotec has no obligation to retain Customer
Data and that such Customer Data may be irretrievably deleted if your account
is 30 days or more delinquent.
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11. Termination upon
Expiration/Reduction in Number of Licenses
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This Agreement commences on the
Effective Date. The Initial Term will be as you elect during the online
subscription process or as otherwise mutually agreed upon in an Order Form.
Upon the expiration of the Initial Term, this Agreement will automatically
renew for successive renewal terms equal in duration to the Initial Term at
Logotec's then current fees. Either party may terminate this Agreement or
reduce the number of licenses, effective only upon the expiration of the then
current License Term, by notifying the other party in writing at least five
(5) business days prior to the date of the invoice for the following term. In
the event this Agreement is terminated (other than by reason of your breach),
Logotec will make available to you a file of the Customer Data within 30 days
of termination if you so request at the time of termination. You agree and
acknowledge that Logotec has no obligation to retain the Customer Data, and
may delete such Customer Data, more than 30 days after termination.
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12. Termination for Cause
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Any breach of your payment obligations
or unauthorized use of the Logotec Technology or Service will be deemed a
material breach of this Agreement. Logotec, in its sole discretion, may
terminate your password, account or use of the Service if you breach or
otherwise fail to comply with this Agreement. In addition, Logotec may
terminate a free account at any time in its sole discretion. You agree and
acknowledge that Logotec has no obligation to retain the Customer Data, and
may delete such Customer Data, if you have materially breached this
Agreement, including but not limited to failure to pay outstanding fees, and
such breach has not been cured within 30 days of notice of such breach.
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13. Representations & Warranties
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Each party represents and warrants that
it has the legal power and authority to enter into this Agreement. Logotec
represents and warrants that it will provide the Service in a manner
consistent with general industry standards reasonably applicable to the
provision thereof and that the Service will perform substantially in
accordance with the online Logotec help documentation under normal use and
circumstances. You represent and warrant that you have not falsely identified
yourself nor provided any false information to gain access to the Service and
that your billing information is correct.
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14. Mutual Indemnification
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You shall indemnify and hold Logotec,
its licensors and each such party's parent organizations, subsidiaries,
affiliates, officers, directors, employees, attorneys and agents harmless
from and against any and all claims, costs, damages, losses, liabilities and
expenses (including attorneys' fees and costs) arising out of or in
connection with: (i) a claim alleging that use of the Customer Data infringes
the rights of, or has caused harm to, a third party; (ii) a claim, which if
true, would constitute a violation by you of your representations and
warranties; or (iii) a claim arising from the breach by you or your Users of
this Agreement, provided in any such case that Logotec (a) gives written
notice of the claim promptly to you; (b) gives you sole control of the
defense and settlement of the claim (provided that you may not settle or
defend any claim unless you unconditionally release Logotec of all liability
and such settlement does not affect Logotec's business or Service); (c)
provides to you all available information and assistance; and (d) has not
compromised or settled such claim.
Logotec shall indemnify and hold you and your parent organizations,
subsidiaries, affiliates, officers, directors, employees, attorneys and
agents harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys' fees and costs) arising out of
or in connection with: (i) a claim alleging that the Service directly
infringes a copyright, a U.S. patent issued as of the Effective Date, or a
trademark of a third party; (ii) a claim, which if true, would constitute a
violation by Logotec of its representations or warranties; or (iii) a claim
arising from breach of this Agreement by Logotec; provided that you (a)
promptly give written notice of the claim to Logotec; (b) give Logotec sole
control of the defense and settlement of the claim (provided that Logotec may
not settle or defend any claim unless it unconditionally releases you of all
liability); (c) provide to Logotec all available information and assistance;
and (d) have not compromised or settled such claim. Logotec shall have no
indemnification obligation, and you shall indemnify Logotec pursuant to this
Agreement, for claims arising from any infringement arising from the combination
of the Service with any of your products, service, hardware or business
process(s).
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15. Disclaimer of Warranties
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LOGOTEC AND ITS LICENSORS MAKE NO
REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICE OR ANY CONTENT. LOGOTEC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT
THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E)
ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT
MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS
IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW BY LOGOTEC AND ITS LICENSORS.
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16. Internet Delays
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LOGOTEC'S SERVICES MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET
AND ELECTRONIC COMMUNICATIONS. LOGOTEC IS NOT RESPONSIBLE FOR ANY DELAYS,
DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
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17. Limitation of Liability
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IN NO EVENT SHALL EITHER PARTY'S
AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU
IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE
TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE
TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR
INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE
SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE
IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH
PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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18. Additional Rights
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Certain states and/or jurisdictions do
not allow the exclusion of implied warranties or limitation of liability for
incidental, consequential or certain other types of damages, so the
exclusions set forth above may not apply to you.
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19. Local Laws and Export Control
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This site provides services and uses
software and technology that may be subject to United States export controls
administered by the U.S. Department of Commerce, the United States Department
of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of
this site ("User") acknowledges and agrees that the site shall not
be used, and none of the underlying information, software, or technology may
be transferred or otherwise exported or re-exported to countries as to which
the United States, Switzerland and/or the European Union maintains an embargo
(collectively, "Embargoed Countries"), or to or by a national or
resident thereof, or any person or entity on the U.S. Department of
Treasury's List of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders (collectively, "Designated
Nationals"). The lists of Embargoed Countries and Designated Nationals
are subject to change without notice. By using the Service, you represent and
warrant that you are not located in, under the control of, or a national or
resident of an Embargoed Country or Designated National. You agree to comply
strictly with all U.S., Swiss and European Union export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be
required.
This site may use encryption technology that is subject to licensing
requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
Logotec and its licensors make no representation that the Service is
appropriate or available for use in other locations. If you use the Service
from outside the United States of America, Switzerland and/or the European
Union, you are solely responsible for compliance with all applicable laws,
including without limitation export and import regulations of other
countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited.
None of the Content, nor any information acquired through the use of the
Service, is or will be used for nuclear activities, chemical or biological
weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
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20. Notice
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Logotec may give notice by means of a
general notice on the Service, electronic mail to your e-mail address on
record in Logotec's account information, or by written communication sent by
first class mail or pre-paid post to your address on record in Logotec's
account information. Such notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by first class mail
or pre-paid post) or 12 hours after sending (if sent by email). You may give
notice to Logotec (such notice shall be deemed given when received by
Logotec) at any time by any of the following: letter sent by confirmed
facsimile to Logotec at the following fax numbers (whichever is appropriate):
+48 32 222 26 62; letter delivered by nationally recognized overnight
delivery service or first class postage prepaid mail to Logotec at the
following addresses (whichever is appropriate): Logotec Engineering LLC, 2275
Research Blvd. Suite 500, Rockville MD 20850 ; or, Logotec Engineering S.A.,
Zaluskiego 2a, 41-400 Myslowice, Poland.
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21. Modification to Terms
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Logotec reserves the right to modify the
terms and conditions of this Agreement or its policies relating to the
Service at any time, effective upon posting of an updated version of this
Agreement on the Service. You are responsible for regularly reviewing this
Agreement. Continued use of the Service after any such changes shall
constitute your consent to such changes.
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22. Assignment; Change in Control
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This Agreement may not be assigned by
you without the prior written approval of Logotec but may be assigned without
your consent by Logotec to (i) a parent or subsidiary, (ii) an acquirer of
assets, or (iii) a successor by merger. Any purported assignment in violation
of this section shall be void. Any actual or proposed change in control of
you that results or would result in a direct competitor of Logotec directly
or indirectly owning or controlling 50% or more of you shall entitle Logotec to
terminate this Agreement for cause immediately upon written notice.
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23. General
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With respect to Customers located in
North, Central of South America (including the Caribbean), this Agreement
shall be governed by California law and controlling United States federal
law, without regard to the choice or conflicts of law provisions of any
jurisdiction, and any disputes, actions, claims or causes of action arising
out of or in connection with this Agreement or the Service shall be subject
to the exclusive jurisdiction of the state and federal courts located in San
Francisco, California. With respect to Customers located in Europe, the
Middle East or Africa, this Agreement shall be governed by the laws of
Switzerland, without regard to the choice or conflicts of law provisions of
any jurisdiction, and any disputes, actions, claims or causes of action
arising out of or in connection with this Agreement or the Service shall be
subject to the exclusive jurisdiction of the courts of Switzerland. With
respect to Customers located in Asia, Australia, New Zealand and the Pacific
islands (but not Customers located in Japan), this Agreement shall be
governed by the laws of Singapore, without regard to the choice or conflicts
of law provisions of any jurisdiction, and any disputes, actions, claims or
causes of action arising out of or in connection with this Agreement or the
Service shall be subject to the exclusive jurisdiction of the courts of
Singapore. No text or information set forth on any other purchase order,
preprinted form or document (other than an Order Form, if applicable) shall
add to or vary the terms and conditions of this Agreement. If any provision
of this Agreement is held by a court of competent jurisdiction to be invalid
or unenforceable, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the invalid or unenforceable
provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists
between you and Logotec as a result of this agreement or use of the Service.
The failure of Logotec to enforce any right or provision in this Agreement
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Logotec in writing. This Agreement, together with any
applicable Order Form, comprises the entire agreement between you and Logotec
and supersedes all prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between the parties regarding the
subject matter contained herein.
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24. Definitions
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As used in this Agreement and in any
Order Forms now or hereafter associated herewith: "Agreement" means
these online terms of use, any Order Forms, whether written or submitted
online via the Online Order Center, and any materials available on the
Logotec website specifically incorporated by reference herein, as such
materials, including the terms of this Agreement, may be updated by Logotec
from time to time in its sole discretion; "Content" means the audio
and visual information, documents, software, products and services contained
or made available to you in the course of using the Service; "Customer
Data" means any data, information or material provided or submitted by
you to the Service in the course of using the Service; "Effective
Date" means the earlier of either the date this Agreement is accepted by
selecting the "I Accept" option presented on the screen after this
Agreement is displayed or the date you begin using the Service; "Initial
Term" means the contract term, beginning on the contract start date and
ending on the contract end date, specified on the applicable Order Form;
"Intellectual Property Rights" means unpatented inventions, patent
applications, patents, design rights, copyrights, trademarks, service marks,
trade names, domain name rights, mask work rights, know-how and other trade
secret rights, and all other intellectual property rights, derivatives
thereof, and forms of protection of a similar nature anywhere in the world;
"License Administrator(s)" means those Users designated by you who
are authorized to purchase licenses online using the Online Order Center or
by executing written Order Forms and to create User accounts and otherwise
administer your use of the Service; "License Term(s)" means the
period(s) during which a specified number of Users are licensed to use the
Service pursuant to the Order Form(s); "Order Form(s)" means the
form evidencing the initial subscription for the Service and any subsequent
order forms submitted online or in written form, specifying, among other
things, the number of licenses and other services contracted for, the
applicable fees, the billing period, and other charges as agreed to between
the parties, each such Order Form to be incorporated into and to become a
part of this Agreement (in the event of any conflict between the terms of
this Agreement and the terms of any such Order Form, the terms of this
Agreement shall prevail); "Online Order Center" means Logotec's
online application that allows the License Administrator designated by you
to, among other things, add additional Users to the Service;
"Logotec" means collectively Logotec Engineering LLC, a Delaware
corporation; "Logotec Technology" means all of Logotec's
proprietary technology (including software, hardware, products, processes,
algorithms, user interfaces, know-how, techniques, designs and other tangible
or intangible technical material or information) made available to you by
Logotec in providing the Service; "Service(s)" means the specific
edition of Logotec's online services identified during the ordering process,
developed, operated, and maintained by Logotec, accessible via
http://www.LogotecEngineering.com or another designated web site or IP
address, or ancillary online or offline products and services provided to you
by Logotec, to which you are being granted access under this Agreement,
including the Logotec Technology and the Content; "User(s)" means
your employees, representatives, consultants, contractors or agents who are
authorized to use the Service and have been supplied user identifications and
passwords by you (or by Logotec at your request).
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Questions or Additional Information:
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If you have questions regarding this
Agreement or wish to obtain additional information, please send an e-mail to
info@LogotecGroup.com.
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