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Website Terms of Use

 

Terms of Use of www.avantra.com (the “Site”)

 

  1. This Site is owned and operated by Syslink Xandria Ltd. (“Avantra”, “Us” or “We”)  Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site You agree to be legally bound by these Terms. If You do not accept these Terms, do not use the Site or any of its Content (as defined below).
  2. This Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content belonging to Avantra or its licensors (“Content”). The Site (including the Content) is protected by copyright, trade mark, trade secret and other laws; and as between You and Avantra, Avantra owns and retains all rights in the Site and the Content.
  3. You are hereby granted a revocable, non-sublicensable license to access, display and use the Content solely for Your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted above or by Avantra, You may not copy, download, modify, or create derivative works based upon, distribute, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any means, remove, alter, bypass, avoid, interfere with or circumvent any proprietary notice on the Content or any rights management mechanism, device, or other control measure associated with the Content.
  4. Trade marks. The trade marks and logos (“Marks”) displayed on the Site are the property of Avantra or other third parties. You are not permitted to use these Marks without the prior written consent of Avantra or such third party.
  5. Avantra is not responsible or liable for, and makes no warranties, express or implied, as to, any links to other websites, applications or content hosted or made available by third parties (“Third-Party Service”).  Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service.   If You become aware of any misuse of the Site, please report such misuse immediately to Avantra.
  6. Please review Avantra's Privacy Policy for the Site (“Privacy Policy”), available at https://avantra.com/legal/privacy, to learn about Avantra's information collection, usage and disclosures practices with respect to information collected by Avantra through the Site.
  7. You represent that, in agreeing to, and performing under, these Terms, You are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to Your use of the Site (“Applicable Laws”). Without limiting the foregoing, You represent that, in connection with Your performance under these Terms, You shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption; (b) comply with Applicable Laws administered by any governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Avantra software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that You are not a Sanctions Target or prohibited from receiving Avantra software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
  8. You agree to defend, indemnify and hold harmless Avantra, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation legal fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to Your use of the Site, breach of these Terms (including any Avantra policy referenced in these Terms), violation of law, or any content that You post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
  9. THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY AVANTRA ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Avantra ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS OR INACCURACIES OF INFORMATION ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER Avantra'S CONTROL.
  10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL AVANTRA, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL Avantra'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED EUROS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AVANTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  11. Avantra may suspend or terminate Your use of the Site as a result of Your breach of these Terms.  Avantra's right to suspend or terminate Your use of Site applies even if a breach is committed unintentionally or without Your authorization if Avantra believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Avantra, its customers or third parties.
  12. Avantra may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, You agree to the latest version of these Terms.
  13. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the courts located in England and Wales, and the Parties expressly consent to personal jurisdiction and venue in those courts.