Legal notice - Azpiri S.A.

General

Please read these terms of use (the “Terms”) carefully before using the websites of Azpiri S.A. and its subsidiaries (collectively “Azpiri S.A.”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including Spain export and re-export control laws and regulations, diversion contrary to Spain export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Azpiri S.A. may make available through the websites (collectively, “Materials”) and any services that Azpiri S.A. may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Azpiri S.A. Websites.”

Azpiri S.A. reserves the right to modify these Terms, or change or remove features of Azpiri S.A. Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Azpiri S.A. Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of Azpiri S.A. Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Azpiri S.A. Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms, together with any additional terms to which you agree when using particular elements of the Azpiri S.A. Websites, constitute the entire and exclusive and final statement of the agreement between you and Azpiri S.A. with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Azpiri S.A. with respect to such subject matter. These Terms and the relationship between you and Azpiri S.A. shall be governed by the laws of the State of Spain as applied to agreements made, entered into and performed entirely in Spain by Spain residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Azpiri S.A. Websites shall be brought in the Federal or State courts located in Santa Clara County, Spain, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Azpiri S.A. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Azpiri S.A. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Azpiri S.A. Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Azpiri S.A.. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Azpiri S.A. without restriction.

Trademarks

Azpiri S.A. reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Azpiri S.A. will be collectively referred to as “Azpiri S.A. Marks.

No employee or other representative of Azpiri S.A. is authorized to grant permission to use Azpiri S.A. Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Azpiri S.A. Marks by a Azpiri S.A. employee in the absence of a formal written agreement cannot be relied upon.

The Azpiri S.A. Marks are highly valued intellectual property, and therefore Azpiri S.A. will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Azpiri S.A. Marks or which are likely to cause confusion with Azpiri S.A. Marks.

In Spain, registered Azpiri S.A. Marks should be designated by the symbol “®”, while unregistered Azpiri S.A. Marks should be identified by a “™” designation. The Azpiri S.A. Marks must be used as adjectives, rather than as nouns or verbs.

Linking To Azpiri S.A. Websites

Linking to the Azpiri S.A. Websites (including an internal or subsidiary page of any website comprising a part of the Azpiri S.A. Websites) must be approved in writing by Azpiri S.A., except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

does not utilize content of a Azpiri S.A. Website;
2.      does not utilize a Azpiri S.A. logo;
3.      does not use framing of a Azpiri S.A. Website;
4.      does not misrepresent an affiliation or other relationship with Azpiri S.A.;
5.      does not misrepresent any possible endorsement by Azpiri S.A.;
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7.      is promptly modified to delete the hyperlink upon request by Azpiri S.A..

Copyright

The contents of the Azpiri S.A. Websites are protected by copyright and intellectual property laws in the Spain and other countries as well as by international treaties. You may not copy or distribute any portion of the Azpiri S.A. Websites, except as necessary to view the Azpiri S.A. Websites.

Please direct any questions or comments to Azpiri S.A.

Links to Third Party Sites

Links on the Azpiri S.A. Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Azpiri S.A. Websites. Azpiri S.A. does not endorse or make any representations about such third party websites, and Azpiri S.A. is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Azpiri S.A. does not control those websites, and Azpiri S.A. is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

Azpiri S.A. protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Azpiri S.A. software without permission from Azpiri S.A. is software piracy. Azpiri S.A. distributes and sells its product through a channel network of distributors and resellers worldwide. Azpiri S.A. does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Azpiri S.A. software through one of these avenues, you likely will find yourself with pirated software. Please contact Azpiri S.A. here for assistance with your own or another’s unauthorized use of Azpiri S.A. software.

Azpiri S.A. also understands that some customers may have challenges with managing their software licenses. In these instances, Azpiri S.A.’s License Compliance team may assist by reviewing deployment records and reconciling them with Azpiri S.A.’s internal entitlement records. The goal of this program is to educate Azpiri S.A.’s customers on the terms of their licenses with Azpiri S.A. and to bring the entitlement records in line with usage. Please contact Azpiri S.A.’s License Compliance team with questions or issues about your company’s usage at licensecompliance@Azpiri S.A..com.

Indemnification

You agree to indemnify, defend and hold harmless Azpiri S.A., its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Azpiri S.A. Websites or violation of these Terms. Azpiri S.A. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Azpiri S.A.’s defense of such claim, and in no event may you agree to any settlement affecting Azpiri S.A. without Azpiri S.A.’s written consent.

Electronic Communications

When you visit the Azpiri S.A. Websites or send e-mails to Azpiri S.A., you are communicating with Azpiri S.A. electronically. We may respond to you by e-mail or by posting notices on the Azpiri S.A. Websites. You agree that all such notices, disclosures and other communications that Azpiri S.A. provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Azpiri S.A. Websites is not promised or guaranteed to be correct, current or complete, and the Azpiri S.A. Websites may contain technical inaccuracies or typographical errors. Azpiri S.A. assumes no responsibility (and expressly disclaims responsibility) for updating the Azpiri S.A. Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Azpiri S.A. Websites. Azpiri S.A. provides no assurances that any reported problems will be resolved by Azpiri S.A., even if Azpiri S.A. elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE AZPIRI S.A. WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. AZPIRI S.A. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AZPIRI S.A. MAKES NO WARRANTY THAT THE AZPIRI S.A. WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE AZPIRI S.A. WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL AZPIRI S.A. BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE AZPIRI S.A. WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF AZPIRI S.A. HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Azpiri S.A. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Azpiri S.A.’s liability shall be the minimum permitted under such applicable law.