1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE SYNELIXIS SOLUTIONS WEBSITE TERMS OF USE
("TERMS") CAREFULLY. SYNELIXIS SOLUTIONS LTD PROVIDE THIS WEBSITE TO
YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY
ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT
TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
SYNELIXIS SOLUTIONS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN
ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER
MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU
DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a) the
Synelixis Solutions site, (b) information such as technical,
contractual, product, program, pricing, marketing, and other
valuable information ("Information"); and (c) content such as data,
text, software, photographs, graphics, video, messages, or other
materials ("Content"). Synelixis Solutions controls and operates its
website from various locations and makes no representation that this
Website is appropriate or available for use in all locations.
Synelixis Solutions products and services may not be available in
Your location, and deliverables may vary among locations. If You are
using the Website on behalf of Your employer, You represent and
warrant that You are authorized to accept these Terms on Your
employer's behalf, and that Your employer agrees to indemnify You
and Synelixis Solutions for violations of these Terms. In addition
to the Terms and unless otherwise noted, the standard Synelixis
Solutions terms and conditions of sale in your jurisdiction govern
purchases You make through the Website, unless You have in effect a
separate valid written purchase or license agreement with Synelixis
Solutions for that product or service, in which case that separate
agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a)
provide accurate, current, and complete information about You as may
be prompted by a registration form on the Website (the "Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration
Data, and any information You provide to Synelixis Solutions, to
keep it accurate, current and complete; and (d) accept all risks of
unauthorized access to information and Registration Data. You have
sole responsibility for adequate protection and backup of data
and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload,
post or otherwise transmit via the Website. You agree not to upload,
post or otherwise transmit via the Website Content that: (a) is
inaccurate, harmful, obscene, pornographic, defamatory, racist,
violent, offensive, harassing, or otherwise objectionable to
Synelixis Solutions or other users of the Website; (b) includes
unauthorized disclosure of personal information; (c) violates or
infringes anyone's intellectual property rights; or (d) contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
Synelixis Solutions reserves the right to edit or remove Content
that violates these Terms or that contains third-party commercial
advertisements.
2.3 You agree that You will not use the Website to: (a) transmit
spam, bulk or unsolicited communications; (b) pretend to be
Synelixis Solutions or someone else, or spoof Synelixis Solutions'
or someone else's identity; (c) forge headers or otherwise
manipulate identifiers (including URLs) in order to disguise the
origin of any Content transmitted through the Services; (d)
misrepresent your affiliation with a person or entity; (e) disrupt
the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to use the Website; (f)
engage in activities that would violate any fiduciary relationship,
any applicable local, state, national or international law, or any
regulations having the force of law, including but not limited to
attempting to compromise the security of any networked account or
site, operating an illegal lottery or gambling operation, stalking,
or making threats of harm; or (g) collect or store personal data
about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF SYNELIXIS SOLUTIONS INFORMATION
3.1 You may obtain direct access via the Website to certain
confidential information of Synelixis Solutions and its suppliers,
including without limitation technical, contractual, product,
program, pricing, marketing and other valuable information that
should reasonably be understood as confidential ("Confidential
Information"). You must hold Confidential Information in strict
confidence. Title to Confidential Information remains with Synelixis
Solutions and its suppliers.
3.2 Your obligations regarding Confidential Information expire five
(5) years after the date of disclosure. Upon termination of the
Terms or Synelixis Solutions' written request, You must cease use of
Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to
Confidential Information that You can establish by legally
sufficient evidence: (a) You possessed prior to Your receipt from
Synelixis Solutions, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public
through no act or omission by You, or otherwise without violation of
the Terms; (c) You obtained from a third party who had the right to
disclose it, without an obligation to keep such information
confidential; (d) You independently developed without the use of
Confidential Information and without the participation of
individuals who have had access to it, or (e) in response to a valid
order by a court or other governmental body, as otherwise required
by law, or as necessary to establish the rights of either party
under these Terms and as disclosed after prior notice to Synelixis
Solutions adequate to afford Synelixis Solutions the opportunity to
object to the disclosure.
4. CONTENT SUBMITTED TO SYNELIXIS SOLUTIONS
4.1 Synelixis Solutions does not claim ownership of the Content You
place on the Website and shall have no obligation of any kind with
respect to such Content. Unless otherwise stated herein, or in
Synelixis Solutions' Privacy Policy, any Content You provide in
connection with this Website shall be deemed to be provided on a
non-confidential basis. Synelixis Solutions shall be free to use or
disseminate such Content on an unrestricted basis for any purpose,
and You grant Synelixis Solutions and all other users of the Website
an irrevocable, worldwide, royalty-free, nonexclusive license to
use, reproduce, modify, distribute, transmit, display, perform,
adapt, resell and publish such Content (including in digital form).
You represent and warrant that you have proper authorization for the
worldwide transfer and processing among Synelixis Solutions, its
affiliates, and third-party providers of any information that You
may provide on the Website.
4.2 Synelixis Solutions does not routinely monitor Content, but
Synelixis Solutions and its designees reserve the right to monitor,
restrict access to, edit or remove any Content that is available via
the Website.
5. DELIVERY OF E-MAIL
Synelixis Solutions will attempt to deliver all of the e-mail that
is addressed to Your e-mail address on Synelixis Solutions'
Services. However, the nature of e-mail is such that Synelixis
Solutions cannot guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold Synelixis Solutions and its
subsidiaries, affiliates, shareholders, officers, directors, agents,
licensors, suppliers, alliance members, other partners, employees
and representatives harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Your Content, Your use of or connection to the
Website (including any use by You on behalf of Your employer), Your
violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF
TERMS
Synelixis Solutions may provide notice to You via email, regular
mail, or posting notices or links to notices on the Website.
Synelixis Solutions reserves the right at any time to modify,
suspend or terminate the Services (or any part thereof), and/or Your
use of or access to them, with or without notice. Synelixis
Solutions may also delete, or bar access to or use of, all related
Information and files. Synelixis Solutions will not be liable to You
or any third-party for any modification, suspension, or termination
of the Services, or loss of related information. Synelixis Solutions
may amend these Terms at any time by posting the amended terms on
this Website.
8. ADVERTISEMENTS AND PROMOTIONS
Synelixis Solutions runs advertisements and promotions from third
parties on the Website. Your correspondence or business dealings
with, or participation in promotions of, advertisers other than
Synelixis Solutions found on or through the Website, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between You and such advertiser. Synelixis
Solutions is not responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of
the presence of such non-Synelixis Solutions advertisers on the
Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the
Website. You acknowledge and agree that Synelixis Solutions is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. Synelixis Solutions will not
be responsible or liable, directly or indirectly, for any actual or
alleged damage or loss caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by Synelixis Solutions or by
Content providers, You agree not to reproduce, modify, rent, lease,
loan, sell, distribute, mirror, frame, republish, download,
transmit, or create derivative works of the Content of others, in
whole or in part, by any means. You must not modify, decompile, or
reverse engineer any software Synelixis Solutions discloses to You,
and You must not remove or modify any copyright or trademark notice,
or other notice of ownership.
10.2 "Synelixis Solutions Trademarks" means all names, marks,
brands, logos, designs, trade dress, slogans and other designations
Synelixis Solutions uses in connection with its products and
services. You agree to comply with the Synelixis Solutions Trademark
and Logo Usage Requirements available on request. You may not remove
or alter any Synelixis Solutions Trademarks, or co-brand your own
products or material with Synelixis Solutions Trademarks, without
Synelixis Solutions' prior written consent. You acknowledge
Synelixis Solutions' rights in Synelixis Solutions Trademarks and
agree that any use of Synelixis Solutions Trademarks by You shall
inure to Synelixis Solutions' sole benefit. You agree not to
incorporate any Synelixis Solutions Trademarks into Your trademarks,
service marks, company names, Internet addresses, domain names, or
any other similar designations, for use on or in connection with
computer or Internet-related products, services or technologies.
10.3 Synelixis Solutions is committed to respecting others'
intellectual property rights, and we ask our users to do the same.
10.4 Unless explicitly stated herein, nothing in these Terms shall
be construed as conferring any license to intellectual property
rights, whether by estoppels, implication, or otherwise. Permission
is granted to display, copy, distribute and download Content owned
by Synelixis Solutions on this Website provided that: (a) the
copyright notice pertaining to the Content remains, and a permission
notice (e.g., "Used with permission") is added to such Content; (b)
the use of such Content is solely for personal and non-commercial
use; (c) such Content will not be copied or posted on any networked
computer or published in any medium, except as explicitly permitted
by valid permission or license covering such materials; and (d) no
modifications are made to such Content. This permission terminates
automatically without notice if You breach any of the terms or
conditions in this Section 10.4. Upon termination, You must
immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES
AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SYNELIXIS SOLUTIONS
DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SYNELIXIS SOLUTIONS MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE
USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
THE WEBSITE.
11.2 SYNELIXIS SOLUTIONS MAKES NO WARRANTY OR REPRESENTATION THAT:
(a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY
PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE
WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, SYNELIXIS SOLUTIONS IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA,
ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Synelixis
Solutions HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE
FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE),
INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE
INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING
WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF
TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY.
13. GENERAL TERMS
13.1 The Terms constitute the entire agreement between You and
Synelixis Solutions relating to their subject matter, and cancel and
supersede any prior versions of the Terms. No modification to the
Terms will be binding, unless in writing and signed by an authorized
Synelixis Solutions representative. You must not assign or otherwise
transfer the Terms or any right granted hereunder. You also may be
subject to additional terms and conditions that may apply when You
use Synelixis Solutions or third-party products or services.
13.2 You agree that any material breach of Sections 2, 3, 4, 6, and
10 of the Terms will result in irreparable harm to Synelixis
Solutions for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise
available at law, Synelixis Solutions will be entitled to equitable
relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a
bond or other security if Synelixis Solutions seeks such an
injunction.
13.3 Greek, European, and relevant International Law where breaches
have occurred govern any action related to the Terms and/or Your use
of the Website. Choice of law rules of any jurisdiction and the
United Nations Convention on Contracts for the International Sale of
Goods will not apply to any dispute under the Terms. You and
Synelixis Solutions agree to submit to the personal and exclusive
jurisdiction of the courts located within the Athens, Greece.
13.4 Services, Content, and product derived or obtained from this
Website may be subject to the Australian export laws and the export
or import laws of other countries. You agree to comply strictly with
all such laws and, in particular, shall: (a) obtain any export,
re-export, or import authorizations required by Australia or your
local laws; (b) not use Services, Content, or direct product from
this Website to design, develop or produce missile,
chemical/biological, or nuclear weaponry; and (c) not provide
Services, Content, or direct product from this Website to prohibited
countries and entities identified in Australian export regulations.
13.5 Rights and obligations under the Terms which by their nature
should survive will remain in full effect after termination or
expiration of the Terms.
13.6 Any express waiver or failure to exercise promptly any right
under the Terms will not create a continuing waiver or any
expectation of non-enforcement. If any provision of the Terms is
held invalid by any law or regulation of any government, or by any
court or arbitrator, the parties agree that such provision will be
replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain
in full force and effect.
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