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Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

INTENDED AUDIENCE/USE

Freebionics Inc. ( “ Freebionics ” ) provides this website to you, subject to these Terms of Use. The Terms of Use may be updated by Freebionics from time to time without notice to you. This website and other Freebionics websites that are linked to this site or affiliated with this site (collectively “the Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of Freebionics’s customers, employees and members of the general public. The Site is controlled and operated in whole or in part by Freebionics from its offices within the Republic of China (Taiwan). Freebionics makes no representation that these materials are appropriate or available for use in locations other than Taiwan. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Freebionics reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCEPTANCE OF TERMS

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation applicable export and re-export control laws and regulations regarding the transmission of technical data from the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent or by whom you are employed. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

RESTRICTIONS ON USE OF CONTENT

Copyright 2002-2005 Freebionics. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by Freebionics that the Content is protected in Taiwan and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to Freebionics’s Rights in individual elements of the Content, Freebionics owns a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. If pursuant to an authorization from Freebionics, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data (collectively, the “ Software ” ), are deemed to be licensed to you by Freebionics. Neither title nor intellectual property rights in the Software are transferred to you, but remain with Freebionics, who owns full and complete title thereto. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. Freebionics does not grant you any permission to use the Content or Software other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using Software repeatedly for uses other than those expressly permitted may not be made without Freebionics’s prior express written consent.

TRADEMARKS AND SERVICE MARKS

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Freebionics is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Freebionics’s or any third party’s intellectual property rights. Freebionics, and the stylized wafer logo are registered in Taiwan, the US Patent & Trademark Office and in other countries. Other product or service names are the property of their respective owners. No Freebionics trademark or service mark may be used as a hyperlink without Freebionics’s prior written permission.

SUBMISSION OF INFORMATION

Do not send any confidential or proprietary information to Freebionics through the Site. Any information you do send to Freebionics through the Site will be deemed NOT to be confidential (”Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant Freebionics an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Freebionics is free to use any ideas, concepts, know-how or techniques that you send Freebionics for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

LIMITATION OF LIABILITY

FREEBIONICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF FREEBIONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREEBIONICS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

REVISIONS

Freebionics may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Freebionics shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Freebionics may at any time revise these website Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

TERMINATION

You agree that Freebionics, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Freebionics believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and Freebionics and govern your use of the Site, superseding any prior agreements between you and Freebionics relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you participate in a Freebionics-sponsored service, or use or download Software. If any provision of these website Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Freebionics to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the Taiwan without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the courts in Taiwan. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, regardless of whether or not you then became aware of it, or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of these Terms of Use to Freebionics.

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