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IMPORTANT TERMS AND CONDITIONS OF USE
When you ("You" or "User")
use this Internet web site and its related services ("Site")
you agree to the following terms and conditions (the "Agreement").
ALogic ("ALogic" or "we") may revise
these terms from time to time, at our sole discretion, by updating this
posting. Unless otherwise provided below, the revised terms will take
effect when they are posted.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR
AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS
THEREOF.
User Obligations
You agree not to do any of the following while using
the Site:
- Access, tamper with, or use non-public areas of the
Site, ALogic's computer systems or technical delivery systems. Unauthorized
individuals attempting to access or tamper with these areas may be subject
to prosecution.
- Provide untrue, inaccurate, or incomplete information.
- Frame or link to the Site, except as permitted in writing
by ALogic; or impersonate or misrepresent your affiliation with any
person or entity.
- Intentionally or unintentionally violate any applicable
law or regulation.
- Post or transmit any Content that is unlawful,
untrue, harassing, libelous, defamatory, abusive, tortious, threatening,
harmful (including but not limited to viruses, corrupted files, or any
other similar software or programs) or otherwise objectionable.
Protection of Content Provided by ALogic and
Its Licensors
The Site contains trademarks and other material furnished
by ALogic, its licensors, and/or other users. ALogic, eGEMS, and the gem
logos are trademarks of ALogic.
You may not sell, reproduce, distribute, modify, display,
publicly perform, prepare derivative works based on, repost or otherwise
use any of the Site Content in any way for any public or commercial purpose
without prior written consent of ALogic or the rights holder. You may
not use the Content copied from this Site on any other web site or in
a networked computer environment for any purpose. In order to protect
ALogic's trade secrets, you agree that you will not 'reverse engineer'
any Site Content, unless specifically authorized by the trade secret owner
or otherwise permitted by law. If you violate any of these terms, your
permission to use the Site Content will automatically terminate.
Intellectual Property Policy
ALogic respects the intellectual property of others
and requires its users to do the same. The license to use ALogic Software
(also known as eGems software, eGems, eGems Professional, eGems Collector
Pro) does not apply to any use that violates copyright law, other intellectual
property rights, web site terms of use, third party licenses, or any other
applicable laws. Any such use of the software is prohibited, automatically
terminates the license, and creates no liability for ALogic.
Export Restrictions
ALogic Software may not be received or used in, or
downloaded or exported or re-exported (i) into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria or
any other country to which the U.S. has embargoed goods, or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Denial Orders.
You Use the Site at Your Risk
We endeavor to provide a convenient and functional
site, but we do not guarantee that it will be error free or that the site
or the server that operates it is free of viruses or other harmful components.
The Site is Available "AS-IS"
Without limiting the foregoing, everything on the
site is provided to you "As Is" and "As Available"
without warranty or condition of any kind, either express or implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
Company makes no warranty regarding any goods or services
purchased or obtained through the site, regarding the accuracy or reliability
of any information obtained through the site, or any transactions entered
into through the site or its services.
No advice or information, whether oral or written, obtained
by user from company or through the site shall create any warranty not
expressly made herein.
Indemnity
You agree to defend, indemnify, and hold harmless
ALogic, its officers, directors, employees and agents,
from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, made by any third party due to or
resulting from your use of the site or the site content or your violation
of this membership agreement.
Limitation of Liability
Neither ALogic, nor any other party
involved in creating, producing, or delivering the site shall be liable
for any incidental, special, consequential or indirect damages resulting
from your access to, or use of, or inability to use the site and the site
content, whether based on warranty, contract, tort (including negligence)
or any other legal theory, and whether or not we know of the possibility
of such damage. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the
above limitation or exclusion may not apply to you.
General Provisions
You are responsible for compliance with applicable
local laws, keeping in mind that access to the Site Content may not be
legal by certain persons or in certain countries. If any part of this
Agreement is held to be unenforceable, the unenforceable part shall be
given effect to the greatest extent possible and the remainder will remain
in full force and effect. This Agreement is personal to you and you may
not transfer, assign or delegate this Agreement to anyone without the
express written permission of ALogic. Any attempt by you
to assign, transfer or delegate this Agreement without the express written
permission of ALogic shall be null and void. The paragraph
headings in this Agreement, shown in boldface type, are included to help
make the Agreement easier to read and have no binding effect. The Agreement
comprises the entire agreement between you and ALogic with
respect to the use of the Site and supersedes all prior agreements between
the parties regarding the subject matter contained herein.
This Agreement will be governed by the law of California,
U.S.A., without regard to its conflicts of law provisions.
We suggest that you print out a copy of this Agreement
for your records.
If you have any questions about this Agreement, please
contact us at md@egems.com.
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