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Terms and Conditions of Use of the Vertech Website (“Vertech Website”)

 
THIS SET OF TERMS AND CONDITIONS (“Vertech Website Terms Of Use,” or “Terms Of Use”) APPLIES TO YOUR USE OF THE VERTECH WEBSITE. YOUR USE OF THE VERTECH WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.
 

GRANT, RESTRICTIONS, AND OWNERSHIP

 
Vertech and its suppliers, as applicable (“Vertech “), hereby grant you the right to use the content comprising the Vertech Website (the “Content”). You may print the Content on the Vertech Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by Vertech from a variety of sources, and is subject to change without notice. You may not attempt to “pass-off” any of the Content as your own work. You acknowledge that certain areas of the Vertech Website may apply other rights and/or restrictions to their use in their own manner (“Separate Licenses”). Any language within these Terms of use is subject to language in the Separate Licenses to the contrary, as to their subject matter.
 

SOFTWARE

 
Specifically, but without limitation, any computer software downloadable or otherwise available through the Vertech Website is licensed subject to the terms and conditions of its own applicable license agreement, and specific terms and conditions applicable to Software in download licenses within the Vertech Website or otherwise available through the Vertech Website will supersede the provisions of these Terms Of Use.
 

The use of certain areas of the VertechWebsite is further restricted to Vertech support customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of Vertech or its suppliers, including without limitation such permission as may appear within the Vertech Website.
 

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of Canada, United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the “Applicable Laws”), including without limitation as indicated selectively within the Content. Vertech and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.
 

You agree that the Content is the proprietary information of Vertech and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable Vertech Website purposes indicated in association with the particular Content.
 

IMAGES IN VERTECH WEBSITE

 
Subject to other provisions hereof to the contrary, you may not use, reproduce or distribute any image in the Vertech Website without securing the advance written consent of Vertech. To request permission, please send an email to info @ vertech.tech, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.
 

COMMUNICATIONS FROM YOU TO THE VERTECH WEBSITE

 
Except for orders for products provided through the Vertech Website and as specified in our Privacy Statement, all communications from You to the Vertech Website will be considered non-proprietary and non-confidential, and Vertech will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize Vertech to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the Vertech Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Vertech Website.

 

AVAILABILITY OF VERTECH WEBSITE

 
You acknowledge that temporary interruptions in the availability of the Vertech Website may occur from time to time as normal events. Under no circumstances will Vertech or its suppliers be held liable for any damages due to such interruptions. The Vertech Website and the Content may include technical inaccuracies or typographical errors. The Vertech Website is made available internationally and may contain references to products, programs and services of Vertech and/or its suppliers that are not available in your location. Such references do not imply that Vertech or its suppliers intend to make available such products, programs or services in your location.

MONITORING

 
It is neither the policy nor a practice of Vertech to review communications with the Vertech Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, Vertech reserves the right to review such communications but has no such obligation. Vertech shall have no responsibility or liability for the content of any communications posted to the Vertech Website, nor for any errors or violations of any applicable laws or regulations. Vertech will comply with court orders in any jurisdiction directing Vertech to disclose the identity of anyone posting communications to the Vertech Website.

LINKS WITH OTHER SITES

 
Vertech is not responsible for the content of any other web site linked to or from the Vertech Website. If you link to another site, you leave the Vertech Website. If you decide to link to another site, you do so entirely at your own risk. Vertech may provide links from the Vertech Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
 

EXPORT/ENCRYPTION CONTROL

 
You acknowledge that Canada and USA export control laws and regulations apply to the entire Vertech Website, including without limitation the U.S. Department of Commerce Export Administration Regulations (“E.A.R.”) which prohibit the export or re-export of products and technology to certain countries and persons. However, in accordance with the paragraph of these Terms of use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Vertech Website will supersede the provisions of this paragraph.
 

U.S. GOVERNMENT LIMITED RIGHTS

 
You hereby acknowledge that any software (except as to open/free source) acquired from the Vertech Website, including without limitation through the Vertech Website, is acquired as “commercial computer software” (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is Vertech; 4275 Grande-Allée, Boisbriand, Quebec, J7H 1M7. However, in accordance with the paragraph of these Terms of use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Vertech Website will supersede the provisions of this paragraph.
 

DISCLAIMER

 
THE CONTENT PROVIDED AT THIS VERTECH WEBSITE IS PROVIDED “AS IS” AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Vertech does not warrant the accuracy and completeness of the Content on the Vertech Website. Vertech takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Vertech Website. The Content at the Vertech Website may be out of date, and Vertech makes no commitment to update the Content at the Vertech Website. Information published at the Vertech Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the Vertech Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the VertechWebsite will supersede the provisions of this paragraph.
 

LIMITATION OF LIABILITIES

 
IN NO EVENT WILL VERTECH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VERTECH WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS VERTECH WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT VERTECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Vertech Website will supersede the provisions of this paragraph.
 

INDEMNIFICATION

 
Upon the request of Vertech, you agree to defend, indemnify and hold harmless Vertech and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Vertech Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the Vertech Website. However, in accordance with the paragraph of these Terms of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Vertech Website will supersede the provisions of this paragraph.
 

TRADEMARKS

 
The trademarks, service marks and logos (trademarks) of Vertech and/or others used on the Vertech Website are the property of Vertech, its suppliers, or their respective owners. You may not use, and nothing contained on the Vertech Website grants, by implication, waiver, estoppels or otherwise, any right to use, any trademark displayed on the Vertech Website without the written permission of Vertech; or the respective owner, which written permission may be expressed within the Vertech Website.
 

AGREEMENT IN ENGLISH

 
You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contrats et tous les documents connexes soient rédigés en anglais.
 

GOVERNANCE

 
This Vertech Website is operated and controlled from Vertech’s offices in Boisbriand, Canada. It can be accessed from any of the provinces in Canada and 50 states in the United States and from other countries of the world. The laws of Quebec (and Canadian and U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Vertech Website and your connection to and use of the Vertech Website. Both Vertech and you submit to exclusive jurisdiction in Quebec and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Montreal, Quebec.
 

Vertech makes no representation or warranty that any communications or Content on the Vertech Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our Vertech Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.
 

* VERTECH Vitrerie Vertch 2000 inc.