IMPORTANT! PLEASE CAREFULLY READ THIS.
THIS CONTRACT DOES NOT ALTER IN ANY WAY THE TERMS AND CONDITIONS OF ANY OTHER CONTRACT YOU MAY HAVE WITH DATACARD UNLESS AN EXPLICIT WRITTEN AGREEMENT TO THE CONTRARY IS EXECUTED. You acknowledge and agree that Datacard is the sole arbiter of whether any Use is prohibited and constitutes a breach of this Contract. If Datacard determines that you breached this Contract, your permission to Use this Site automatically and immediately terminates and you must immediately destroy any and all downloaded or printed materials and immediately discontinue Use of any hyperlinks to this Site. Datacard is not required to provide you with any notice or any explanation for terminating or limiting your permission to Use this Site. Furthermore, Datacard may have additional remedies at law that are available to it and Datacard reserves the right to exercise them at any time.
Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of DataCard Corporation © 2003-2005, ALL RIGHTS RESERVED, or by the original creator of the material. You are granted permission to display, copy, distribute, and download the materials on this Site for personal, noncommercial Use only, provided you do not modify the materials and that you keep the copyright and other proprietary notices contained in the materials. You may not “mirror” any material contained on this Site on any other server, or deep link into any other page on this Site without prior express, written permission from Datacard. Any unauthorized Use of any material contained on this Site may be violative of copyright laws, trademark laws, the laws of privacy, publicity, communications regulations and statutes and constitutes a breach of this Contract.
Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Datacard. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Datacard, and may not be copied, imitated or Used, in whole or in part, without the prior written permission of Datacard. You understand and acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Datacard or the Trademark owner. Nothing in this Contract shall confer in you any right of ownership to any of the Trademarks. Furthermore, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Datacard or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited and violation thereof is a breach of this Contract.
Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page (also known as “home page”) of this Site and does not portray Datacard or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Datacard at any time for any reason whatsoever with or without notice. You may not employ framing techniques to enclose any Datacard trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Datacard’s express written consent. Links to third party sites on this Site are provided solely as a convenience to you. If you Use these links, you will leave this Site. Datacard has not reviewed any or all of these third party sites, does not monitor, does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Datacard does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you acknowledge and agree that you do so entirely at your own risk. Furthermore, you acknowledge and agree that Datacard shall at no time be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the Use of or reliance on any such third party sites.
Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, are the copyrighted work of Datacard and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the end-user license agreement (“EULA”) that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable EULA.
Limited Access. Except as otherwise expressly permitted by Datacard in this Contract, any access or attempt to access other areas of the Datacard computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use, directly or indirectly, any robot, spider, other automatic method or means, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Datacard’s prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that Datacard determines imposes an unreasonable or disproportionately large load on any components of its computer infrastructure.
Additional Use Restrictions. You may not post, intercept, transmit, e-mail, re-transmit or store material on, from and/or through the Site which, in the sole judgment of Datacard: (i) violates any local, state, federal or non-United States law or regulation, (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You shall be solely responsible for determining what laws or regulations are applicable to your Use of this Site. In addition, you may only Use this Site in a manner that, in Datacard’s sole judgment, is consistent with the purposes of this Site. If you are unsure of whether any contemplated Use or action is permitted, please contact Datacard at [email protected] By way of example, and not limitation, the following Uses are expressly prohibited:
- upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related information and/or merchandising are strictly prohibited, including providing links to pornographic content elsewhere;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Datacard employee, officer, director or agent or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and/or confidentiality rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, surveil, or limit the functionality and/or capacity of any Datacard computer software or hardware or telecommunications equipment;
- interfere with or disrupt Datacard servers or networks or disobey any requirements, procedures, policies or regulations of those networks;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another person(s);
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and
- effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS”. DATACARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. DATACARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND DATACARD MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. DATACARD DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. DATACARD DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL DATACARD, ITS AFFILIATES, BUSINESS PARTNERS, SUPPLIERS, PARTIES MENTIONED IN THE SITE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION BY YOU
You agree to indemnify, defend and hold Datacard, its affiliates, business partners, officers, directors, employees, agents and assigns harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your Use of this Site or breach of this Contract. Datacard reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
You have read and agree to all of the terms and conditions of our Privacy Statement, which is available by clicking on Privacy Statement.
GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Datacard’s or other owner’s proprietary rights in them.
REVISIONS TO THIS CONTRACT
Datacard may revise this Contract at any time without notice by updating this posting. By Using this Site you agree to be bound by and to any such revisions and you therefore understand that you should periodically visit this Site and page to determine the then current terms and conditions of Use to which you are bound.
Any material(s), information or idea(s) you transmit to or post on this Site by any means will be treated as non-confidential. By posting these you grant to Datacard, its successors and assigns non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Statement.
NOTICE OF COPYRIGHT INFRINGEMENT
It is Datacard’s policy to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Site in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our Site that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Attention: Intellectual Property Manager
E-mail: [email protected]
IMPORTANT: All correspondence must be in English. If correspondence is not English, it will be discarded.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) in this Contract is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect Datacard’s intentions with the other provisions remaining in full force and effect. Datacard’s failure to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Datacard in writing. The section titles in this Contract are solely used for convenience and have no legal or contractual significance. This Contract may be assigned in whole or in part by Datacard. This Contract may not be assigned in any manner by you. This Contract shall be governed by and construed in accordance with the laws of the State of Minnesota notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Hennepin, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to this Contract, (ii) agree not to commence any litigation arising out of or relating to this Contract except in Minnesota Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Minnesota Courts represent the exclusive jurisdiction for all disputes relating to this Contract.