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Terms and Conditions of Use
Terms & Conditions
Welcome to the Omnivex Web site ("Site").Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").These Terms represent the entire understanding relating to the use of the Site and supercede any other prior or contemporaneous, conflicting or additional, communications. We can revise these Terms at any time without notice by updating this posting. Your continued use of the Site shall be considered an acceptance of any revised Terms.COPYRIGHTS and TRADEMARKSCopyrightsThe materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. You may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Omnivex Corporation in writing. Except as otherwise provided in this paragraph, Omnivex Corporation does not grant any express or implied right to you to any patents, copyrights, trademarks, trade secrets, or other intellectual property.TrademarksOmnivex is a registered trademark of Omnivex Corporation in Canada and other countries.All other trademarks are the property of their respective owners.SUBMISSIONS, COMMENTS and FEEDBACKYour Submissions, Comments and FeedbackAny questions, comments, suggestions, ideas, data, materials or information, ("Feedback"), that you provide to us remains the property of Omnivex. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products.You agree that Omnivex may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.GENERALLinks to Other SitesWe make no representations about any other web site, that you may access through this one. When you access a non-Omnivex web site, please understand that it is independent from us, and that we have no control over the content on that web site. In addition, a link to a non-Omnivex web site does not mean that we endorse or accept any responsibility for the content, or the use, of such website.Viruses and Destructive CodeIt is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.Disclaimer and Limitation of Liability, and IndemnificationThe information on the site is provided "as is", and all express or implied conditions, representations and warranties, including any implied warranty or merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Omnivex makes no representations, warranties, and guaranties as to the quality, suitability, truth, accuracy or completeness of any of the information contained on the site. Any questions regarding the information should be directed to the providers of such information.In no event will Omnivex be liable to any party for any direct, indirect, special, punitive or other consequential damages for any use of this website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs, other data on your information handling system, or other economic advantage, even if we are expressly advised of the possibility of such damages.You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the site and will not make a claim against Omnivex for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the site or information.You agree to indemnify and hold Omnivex harmless from, and you covenant not to sue Omnivex for, any claims that may be asserted, arising out of, relating to, or based on using the site or any of the services provided on or made accessible by the site.Governing LawThe Terms and claims shall be governed and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of laws provisions. We make no representation that the contents of the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export the contents of the Site in violation of Canadian export laws and regulations.Local Laws, Export ControlOmnivex controls and operates this Site from its headquarters located in the province of Ontario in Canada. We make no representation that the Site and contents are appropriate and available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.You acknowledge and agree that the Site and information are subject to Canadian export laws. Diversion of such information contrary to Canadian law is prohibited. You agree to comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.OMNIVEX PARTNERSThis web site may contain updated versions of certain SOFTWARE PRODUCTS or other privileged information that is the property of Omnivex Corporation and shall be treated as BUSINESS CONFIDENTIAL at all times unless specified otherwise by Omnivex Corporation.  Any SOFTWARE PRODUCT provided via this web site, whether for trial or permanent use is licensed under the same terms and conditions contained in the Omnivex Software License Agreement, VAR Agreement or End User License Agreement (EULA) previously executed by you and currently in effect. The EULA is also available for reference at http://www.omnivex.com/company/eula.As stated in the OMNIVEX EULA, you may have additional rights or restrictions identified in a License Agreement or subsequent addendum executed upon the granting of any license to use the SOFTWARE PRODUCT.  You must review any such Agreement or addendum before you exercise any of the rights described therein.  By exercising a right, you agree to be bound by the terms described in the Agreement or addendum.  If you do not agree to the terms described in the Agreement or addendum, you are not authorized to install, copy, or otherwise use the respective additional SOFTWARE PRODUCT or information.
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