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Thank you for visiting our website at: www.viracure.com (the “Website”). Viracure Limited (“Viracure”) provides its Website and its related services to you subject to the following terms and conditions of use (“Terms”).
2. In the Website, our affiliate Woggle Trading Limited offers a program named “PC Cure+” (the “PC Cure+”). If you purchase license to the PC Cure+, please read carefully the End User License Agreement. If other programs are or will be available in the Website, please read carefully the End User License Agreement for each such programs. All such programs shall be referred hereunder collectively as “Programs”.
3. Except as specifically stated, all content and otherwise protectable features of the Website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Websites (the “Content”) are owned by Viracure or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. All rights, titles and interests in and to the Content will at all times remain with Viracure. “Viracure” logos and other marks, logos and titles are trade names, trademarks or service marks of Viracure.
4. The use or misuse of any content, except as provided in the Terms or in the Content, is strictly prohibited. You may access and use the Content under the following conditions: (a) you shall not copy or distribute any part of it to others; (b) you shall not use any trade name, trademark, or brand name of Viracure; (c) you shall not, without Viracure’s written consent modify, translate, alter or create any derivative works thereof; (d) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Viracure, or any third party referenced therein, and; (e) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only.
5. Any unauthorized use, including, the reproduction, modification, distribution, transmission, republication, or display, of the Content is strictly prohibited. Viracure reserves all other rights. You do not acquire ownership rights to any Content viewed or accessed, and Viracure posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
6. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Viracure and/or an Owner’s intellectual property rights.
7. Viracure may, in its sole discretion and without notice, deny any person or company access to the Websites or any portion of the Website.
10. WE may offer you from time to time to purchase other services, licenses for programs and products from other providers (“3rd Party Providers”). You hereby agree that we shall assume no liability of any kind for any losses or damages you may incur in connection with such 3rd Party Providers and or their services, programs and products.
11. If you are under 18 years of age, you should not download our programs and should not use this Website. By registering or using the Website, you represent that you are at least 18 years old.
12. Although we attempt to provide accurate information with regard to the Programs, we assume no responsibility for the accuracy or inaccuracy of any information provided.
13. ALL INFORMATION, DOCUMENTATION AND PROGRAMS PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
14. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO OUR PROGRAMS AND THE WEBSITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE.
15. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT OUR PROGRAMS WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PROGRAMS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH OUR PROGRAMS.
16. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PROGRAMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
17. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF OUR PROGRAMS, WHETHER MADE BY EMPLOYEES OF US OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US OR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.
18. UNDER NO CICUMSTANCES WE SHALL HAVE ANY LIABILITY TO ANY DAMAGES, LOSSES, AND/OR CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE). YOU FURTHER AGREE THAT ANY CONSIDERATION WHICH WE MAY RECEIVE (IF AT ALL) DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY US OF ANY RISK OF LOSS OR DAMAGE OF ANY KIND.
19. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THESE TERMS, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
21. You hereby agree to indemnify, defend and hold us and our affiliates, employees, officers, directors, stockholders, information providers, agents, consultants, licensees, licensors (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of these TERMS.
22. If any of the provisions of these TERMS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TERMS and shall not affect the validity and enforceability of any remaining provisions.
23. Notices by us to You may be sent to the email address You provide on the registration form or otherwise by any means that we determine in its sole discretion as likely to come to Your attention. All notices by You sent to us in connection with these TERMS shall be in writing and sent by first class mail or certified mail (receipt being deemed 96 hours after postage and return receipt requested) to Any claim or other legal notice must be sent to: Viracure Limited at 89 Bond Street, London UK, W1S 1DA.
24. Our failure to partially or fully exercise any right shall not prevent the subsequent exercise of such right. Our e waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these TERMS. No remedy made available to us by any of the provisions of these TERMS is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.
25. These TERMS shall be governed by and construed in accordance with the laws of the Cyprus excluding that body of law pertaining to conflict of law. Venue in any legal proceedings arising under, or in connection with, these TERMS or the transactions contemplated hereby shall be exclusively in the courts of Cyprus; You and us irrevocably consent and submit to the personal jurisdiction of the courts in the state of Cyprus and further waives any claim at any time as to forum inconvenience with respect to such venue. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any “Incoterms”.
26. If You have any questions or need any clarifications regarding these TERMS, You may contact us at: firstname.lastname@example.org.