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Terms of Use
Welcome to the Lomtec ("Lomtec") website (the "website"). Please review the following terms and conditions concerning your use of the website. By accessing, using, or downloading any materials from the website, you agree to follow and be bound by these terms and conditions (the "Terms"). Lomtec reserves the right to change the Terms at any time and at its sole discretion. In case of any violation of the Terms, Lomtec reserves the right to seek all remedies available to it under law and equity. In order to access and use any Lomtec product, you must agree to the terms of The Lomtec Software License and Services Agreement. OWNERSHIP You acknowledge that all materials provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Lomtec or by their respective third party authors, developers, and vendors (the "Third Party Providers") and the underlying intellectual property rights are owned by Lomtec and/or its Third Party Providers. Elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Lomtec, the Lomtec logo, Lomtec ActiveWeb, Lomtec ActiveOffice, and other Lomtec products referenced herein are trademarks of Lomtec, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. LIMITED LICENSE; RESTRICTIONS Subject to the terms and conditions of this Agreement, Lomtec hereby grants you permission to display, cache, and download the Lomtec's Materials on this website provided that: (1) you display the relevant ownership notices, provided with the Materials; (2) Except as provided in a separately executed Lomtec Software License and Services Agreement between you and Lomtec, the use of such Materials is solely for your personal, non-commercial, and informational use and will not be used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without any notice, if you breach any of these terms or conditions. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Lomtec or the Third Party Provider. Also, you may not "mirror" any Materials contained on this website on any other server without Lomtec's prior express written permission. Except where expressly provided otherwise by Lomtec, nothing on this website will be construed to confer any license under any of Lomtec´s or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge the sole responsibility for obtaining any such licenses. The Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated, in whole or in part, by Lomtec. Lomtec does not provide, sell, license, or lease any of the Materials, other than those specifically identified as being provided by Lomtec. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. TERMINATION OF SERVICES/ WEBSITE Lomtec may modify or discontinue its website or the Materials provided here at any time, with or without notice to you. Lomtec will not be liable to you or any third party as a result of such modification or discontinuation. Lomtec reserves the right, to terminate, at its sole discretion and at any time, your access to the website and/or any of its services without any liability to you or any third-party. In addition, the access to the website may be monitored by Lomtec. Upon a termination of these Terms, you will immediately destroy any downloaded or printed Materials. LINKS TO THIRD PARTY SITES This website may contain links to websites, controlled by parties other than Lomtec. Lomtec is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Lomtec provides these links to you only as a convenience, and the inclusion of any link does not imply an endorsement by Lomtec of the linked website. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. SUBMISSIONS Except where expressly provided otherwise by Lomtec, all comments, feedback, information, or materials submitted to Lomtec through or in association with this website (the "Submissions") will be considered non-confidential and Lomtec's property. By providing such Submissions to Lomtec, you agree to assign to Lomtec, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Lomtec will be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Lomtec, have a full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. DISCLAIMER THE MATERIALS ON THE WEBSITE ARE PROVIDED IN THE "AS IS" CONDITION, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND LOMTEC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LOMTEC MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE OR ANY OTHER WEBSITE REFERENCED BY THIS WEBSITE. LIMITATION OF LIABILITY IF YOU ARE NOT SATISFIED WITH OUR WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE. LOMTEC WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL LOMTEC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF AGREEMENT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF LOMTEC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST LOMTEC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS, RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD LOMTEC HARMLESS FROM, AND YOU COVENANT NOT TO SUE LOMTEC FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEBSITE. INDEMNIFICATION As a consideration to accepting the benefits you receive by accessing this website, you agree to defend, indemnify, and hold harmless Lomtec, its officers, directors, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the website, your violation of these Terms, or your violation of any laws, regulations, or third-party rights. LOMTEC PRIVACY POLICY Lomtec is concerned about your privacy and has developed a policy to address those concerns. You can find the current privacy policy by clicking on the 'Privacy Statement' at the bottom of each page of the website or by visiting Privacy Statement. GENERAL These Terms will be governed by and construed in accordance with the laws of Slovak Republic. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive us the right to act with respect to any subsequent or similar breaches. Except for other agreements or terms appearing on the website, these Terms set forth the entire understanding and agreement between us with respect to the subject-matter hereof. ADDITIONAL INFORMATION Any questions relating to this website may be directed to info@lomtec.com. Questions about the Lomtec website Terms of Use may be directed to info@lomtec.com. |
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