Terms of use / Disclaimer


Posted on 3. September 2008


The access and use of this website (hereinafter referred to as the "Site") is subjectto the following terms and conditions. By accessing and using the Site you acknowledgeto understand and accept the terms as provided below and to be bound by them. Ifyou do not agree to all the terms and conditions as set out below, you are not allowedto access or use the Site.

Please read this disclaimer carefully before you proceed.

1. Access Restrictions

1.1. The products and services as offered and described on this Site are not directedat or intended for distribution to any person or entity who is a citizen or residentof or located or established in any jurisdiction where the use of the Site wouldbe contrary to applicable law or regulation or would subject Trilead AG, locatedin Zurich (hereinfater referred to as "Trilead") or any of its business partnersto any registration or licensing requirement in such jurisdiction.

1.2. With accessing and using the Site you are especially certifying that you arenot a national of Iraq, Liberia, Myanmar (Burma), Sierra Leone, Côte d'Ivoire, Sudan,Democratic Republic of the Congo, Usbekistan, Belarus, Lebanon or any country (oran explicit mentioned individual or group) to which the SECO (State Secretariatfor Economic Affairs, http://www.seco.admin.ch) has decided to impose sanctionsagainst.

1.3. There is no obligation from Trilead® to continue with the Site. You acknowledgethat Trilead® may at any time suspend or terminate your access to the Site at itsown discretion.

2. Change of the Terms of use

You acknowledge that Trilead® may change the Terms of use as posted here from timeto time. If you continue to access and use the Site, you are required to regularlycheck the Terms of use on the website. The date at the beginning shows you the latestchange of the Terms of use. Thus, if you access and use the Site, you are boundby the latest version of the Terms of Use.

3. Intellectual Property; Trademarks

3.1. All information, materials and services contained in the Site are protectedby copyrights, trademarks, and further intellectual property and proprietary rights.With accessing and using the Site, you agree to not copy, republish, download, transmit,adapt or otherwise distribute the content of the Site or portions thereof, exceptas expressly authorized herein.

3.2. All Trademarks, logos and other pictures are property of Trilead® or other thirdparties. You are not permitted to use them without prior written consent of Trileador third parties.

4. Download and use of software

The access and use of Software may be subject to a certain fee. With regard to thedownload of any material, you also will have to accept and agree to the "EULA".If the Terms of use should contradict the EULA, EULA will be superseding any priorTerms between you and Trilead® regarding the download, access and use of the materialin question.

5. Links to third parties

The Site may contain different links which lead you to third party websites. Youacknowledge that these links are intended as a convenience only and do not implythat Trilead® has any control of the linked websites. Therefore, Trilead® does notassume any responsability for the content of third party websites and you agreethat you access them at your own risk.

6. No Liability of Trilead

6.1. THE ACCESS AND USE OF THE WEBSITE OR THE DOWNLOAD OF SOFTWARE IS DONE AT YOUROWN RISK. TRILEAD® DOES GUARANTEE THAT THE SITE AND ITS CONTENT OR SOFTWARE WILLBE - AMONGST OTHERS - SECURE, ACCURATE, REILABLE OR ERROR-FREE.

6.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRILEAD® AND ITS SUPPLIERSPROVIDE THE WEBSITE and ALL SOFTWARE PRODUCTS AND SUPPORT SERVICES AS IS AND WITHALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING,BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY,OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OFRESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALLWITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDESUPPORT SERVICES.

6.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRILEADOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIALDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS ORCONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OFREASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITEOR SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OROTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TERMS, EVEN IN THE EVENTOF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACTOR BREACH OF WARRANTY OF TRILEAD® OR ANY SUPPLIER, AND EVEN IF TRILEAD® OR ANY SUPPLIERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4. NOTWITHSTANDING ANY DAMAGES THAT THE CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERALDAMAGES), THE ENTIRE LIABILITY OF TRILEAD® AND ANY OF ITS SUPPLIERS UNDER ANY PROVISIONOF THIS TERMS AND THE CUSTOMER'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPTFOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY TRILEAD® WITH RESPECT TO ANY BREACHOF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLYPAID BY THE CUSTOMER FOR THE SOFTWARE PRODUCT OR SWISS FRANCS CHF 1. THE FOREGOINGLIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

7. Applicable Law and Venue

This Terms of use are exclusively governed by the laws of Switzerland (excludingthe United Nations Convention on Contracts for the International Sale of Goods (CISG)),unless expressly prohibited by local law. The exclusive venue for any disputes arisingout of the relationship between TRILEAD® and Customer is the competent Court in Zurich/Switzerland.
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