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Data East, LLC - Terms of Using the Website Content

1. ACCEPTANCE OF TERMS

1.1 The services that Data East, LLC ("Data East") provides to you are subject to these Terms of Use ("Terms"). Please read the Terms carefully before using the Data East’s website (“Website”) (www.dataeast.ru or www.dataeast.com) in any manner. If you do not agree to all of these Terms, please do not use this Website.

1.2 Hereby the agreement concerning the use of the Website content is concluded between Data East and you as an individual or a single business entity (“You”). If You are using this Website on behalf of your employer, you represent to Data East that you are authorized to accept these Terms on your employer’s behalf.

Data East provides you access to different resources including the Data East online store download area, technical support and product information (collectively "Services"). These Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new Data East resources. In addition to the Terms and unless otherwise noted, the Data East End-User License Agreement governs purchases You make through the Website, unless You have currently in effect a separate written purchase or license agreement with Data East for that product, in which case that separate agreement governs. If there is a conflict between: (a) these Terms, and (b) either the Data East End-User License Agreement or other applicable purchase or license agreement, the latter prevail.

2. YOUR OBLIGATIONS

2.1 In consideration of your use of the Services, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You as prompted by the Service’s registration form (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. Data East is not liable for any unauthorized use of the Website or Services including Forums. You are solely responsible for the security of your password. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of your existing contracts to assist you in purchasing, maintaining and supporting your Data East products. By using this Website and registering for the Services, you consent to Data East’s display of such information via the Services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Data East has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Data East may suspend or terminate your account and refuse any and all current or future use of, or access to, the Services (or any portion thereof).

3. CONFIDENTIALITY OF DATA EAST INFORMATION

In order to gain access to the Services, You agree to these confidentiality provisions:

3.1 You acknowledge that you may obtain direct access via the Website to certain Data East confidential information ("Information"), which may not be disclosed without prior written permission of Data East. You must hold Information in strict confidence, You must not disclose, copy, reproduce or transfer it to any third party or otherwise use it for purposes not specified in the given Terms. You may use the Information from the Website solely for the purpose of purchasing, maintaining and supporting your Data East products. The title to Information remains with Data East and its suppliers (“Suppliers”). You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 3.

You do not acquire any rights in Information, except the limited right to use Information as described above.

3.2 The Terms impose no obligation upon You with respect to Information that You can establish by legally sufficient evidence: (a) you possessed, or knew, prior to your receipt from Data East, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you disclosed it in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Data East adequate to afford Data East the opportunity to object to the disclosure.

Your obligations regarding Information expire two (2) years after the date of disclosure or upon Data East’s written request.

4. YOUR CONDUCT

4.1 You understand that all information, data, text, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Data East, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services ("User Content"). Data East does not control the User Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

4.2 Data East reserves the right to edit or remove User Content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. Data East may also remove User Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all User Content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.

4.3 You agree not to post or store on Website any User Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

4.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. In the event of such spamming, Data East is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Data East reserves the right to block, filter or delete unsolicited email. Furthermore, you agree not to transmit unsolicited or bulk communications to any Data East account holder or to any Data East’s email address (regardless of whether you use the Services to transmit any such communication). You agree not to use any Data East domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Services.

4.5 You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Services to:

(a) impersonate any person or entity, including, but not limited to, a Data East official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to www.dataeast.ru or www.dataeast.com from another accessible page);
(c) upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(f) collect or store personal data about other users.

5. USER CONTENT, OWNERSHIP, RIGHTS AND LIABILITY

5.1 Data East does not claim ownership of any User Content that You or other users post, upload, submit or otherwise provide to the Website. By submitting the User Content to Data East for inclusion on the website, you grant Data East and all other users of www.dataeast.ru or www.dataeast.com a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the User Content (including in digital form).

5.2 Data East is under no obligation to and does not control the User Content created, provided or uploaded to the Website. The nature of some User Content may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Data East reserves the right to take down and remove User Content deemed as objectionable at any time at its sole discretion for any reasons. You and not Data East are solely responsible for the User Content uploaded from the Website and are personally liable for any risks that may arise from using such User Content, including the confidence that this User Content is accurate, complete or applicable.

5.3 Otherwise explicitly stated by these Terms, all User Content published at the Website is deemed to be provided on a non-confidential basis. Data East is not responsible for the validity of such User Content and is entitled to freely use or distribute any User Content without any limitations and for any reasons. Hereby You agree that You are solely responsible for the User Content you provide to Data East and that You and not Data East are solely responsible for the validity, legitimacy, completeness, applicability and copyright compliance of the provided User Content.

6. JUNK MAIL

6.1 You agree that posting the junk letters or any other spam through the Website will result in irreparable harm to Data East for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Data East will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. Data East is entitled to block, filter or delete such junk content or any other unsolicited advertising or promotional material received through the Website and corporate e-mails.

7. INDEMNITY

7.1 You agree to indemnify and hold Data East, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Content, your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

8. NOTICES; MODIFICATION AND TERMINATION OF SERVICES

8.1 Data East may provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. Data East reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Data East may make changes to the Data East on-line store, including regarding products, services, programs, and prices, at any time without notice. Data East, in its sole discretion, may terminate Your password, Your use of the Services or use of any other Data East service, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Data East believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and Data East may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Data East will not be liable to you or any third-party for any termination, modification, or suspension of the Services.

9. ADVERTISEMENTS AND PROMOTIONS

9.1 Data East may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Data East found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Data East is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Data East advertisers on the Services.

10. LINKS

10.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Data East has no control over such sites and resources, you acknowledge and agree that Data East is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Data East will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such site or resource.

10.2 This Website may be linked to other websites which are not under the control of and are not maintained by Data East. Data East is not responsible for any third party content of those sites. Data East is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Data East of those sites.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 The Services and any software (including any downloads available at the Website or otherwise provided by Data East) used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third party content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Data East or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

11.2 You may use Data East Software and Services only according to the applicable contract or license agreement governing the use of such Software or Service. You may use the Services only during the fixed time, fixed number of times, by the fixed number of people or otherwise according to the other terms specified in the applicable contract or license agreement. The Services, including the update, release of new versions, support, maintenance, enhancement or redesign of the licensed Software or Services can be exclusively used: (а) in the systems for which this Software or Services have been specifically licensed; и (b) based on the terms of the applicable license agreement and warranty specified for the original Software product or Service.

11.3 You may not modify, decompile or reverse engineer any Software provided to You by Data East, and You may not delete, overprint or remove any copyright notes, trademarks, logos, signatures and other ownership notes labeled on the originals or copies of the Software or Information available on the Website.

11.4 Data East’s trademarks (“Trademarks”) mean any names, trademarks, brands, logos, samples, packaging and any other symbols, that Data East uses in connection with its Software products or Services. You may not remove or modify any Data East’s Trademarks and You accept and acknowledge Data East’s rights to all Data East’s Trademarks. You agree not to combine any Data East’s Trademarks with any of your trademarks, service marks, company names, internet addresses, domains or any other such symbols.

11.5 Data East is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent at support@dataeast.com.

11.6 All Content (except for the User Content) provided on this Website is provided by or to Data East by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of Data East and/or the Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Data East or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Data East. You also may not, without Data East’s prior express written permission, "mirror" any Content contained on this Website on any other server.

11.7 Nothing on this Website shall be construed as conferring any license under any of Data East’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

11.8 Permission is granted to display, copy, distribute and download Data East’s Content on this Website provided that: (1) the copyright notice identified below appears in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Content.

11.9 Any unauthorized use of any Website Content can breach the copyright and the trade marks acts, the privacy and the public laws, as well as regulations and legal acts related to the communication of information.

11.10 Third party content or User Content has not been independently authenticated in whole or in part by Data East. Data East does not provide, sell, license, or lease any of the Third Party or User Content other than those specifically identified as being provided by Data East.

12. DISCLAIMER OF WARRANTIES

12.1 YOUR USE OF THE SERVICES AND ANY SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. DATA EAST DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. DATA EAST MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. DATA EAST MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL DATA EAST OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.

12.2 DATA EAST MAKES NO WARRANTY OR CONDITION THAT: (i) THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATA EAST OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. DATA EAST’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

13. LIMITATION OF LIABILITY

13.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, DATA EAST IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF DATA EAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.

13.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST DATA EAST FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

13.3 YOU AGREE TO HOLD DATA EAST HARMLESS FROM, AND YOU COVENANT NOT TO SUE DATA EAST FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. GENERAL INFORMATION

14.1 The Terms constitute the entire agreement between You and Data East and govern your use of the Services, superseding any prior agreements between You and Data East (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other Data East services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4, 10, 11, 12, 13 and 14 survive termination of the Terms.

14.2 The law of Russian Federation and applicable international law govern any action related to the Terms.

14.3 Data East controls and operates this Website from its headquarters in Russia and makes no representation that this Content is appropriate or available for use in other locations. If You use this Website 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.

14.4 This Website could include inaccuracies or typographical errors. Data East and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Data East may amend these Terms at any time by posting the amended terms on this site.

14.5 The failure of Data East to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

14.6 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.