Terms Of Use
Denmark, February 1,
2008
You must carefully read these
terms ("terms") regarding the use of UH Communications A/S' web site
before you use any information obtained from the web site.
UH Communications A/S and its
affiliates and resellers ("UHC") provide this website to you, your
employees, agents, and contractors, and any other entity on whose
behalf you accept these terms (collectively "you"), subject to these
terms. These terms are entered into by and between UHC and you, and
you accept them by: (a) placing an order through this website; (b)
using the website in any other manner; and/or (c) acknowledging
agreement with these terms. If you do not agree to all of these
terms, do not use this website.
1. Use of UHC Trademarks
"UHC Trademarks" means all
names, marks, brands, logos, designs, trade dress, slogans and other
designations UHC uses in connection with its products and services,
including, but not only: UH Communications A/S, UH Communications
Inc., UHC, Q3ADE, Q3ADE 3G, Q3ADE 3G NMS, Q3ADE 3G FMS, Q3ADE 3G
IMGR.
You may not remove or alter any
UHC Trademarks, or co-brand your own products or material with UHC
Trademarks, without UHC's prior written consent. You acknowledge
UHC's rights in UHC Trademarks and agree that any use of UHC
Trademarks by You shall inure to UHC's sole benefit. You agree not
to incorporate any UHC Trademarks into Your trademarks, service
marks, company names, Internet addresses, domain names, or any other
similar designations, for use on or in connection with computer or
Internet-related products, services or technologies.
2. Your obligations and conduct
In consideration of Your use of
the web site, You agree to: (a) provide accurate, current, and
complete information about You as may be prompted by a registration
form on the website (the "Personal Data"); (b) maintain the security
of your password and identification; (c) maintain and promptly
update the Personal Data, and any information You provide to
UHC, to keep it accurate, current and complete; and (d) accept all
risks of unauthorized access to information and Personal Data.
You have sole responsibility for adequate protection and backup of
data and/or equipment used in connection with the Website.
You are entirely responsible for all Content that You
upload, post or otherwise transmit via the Website. You agree not to
upload, post or otherwise transmit via the Website Content that: (a)
is inaccurate, harmful, obscene, pornographic, defamatory, racist,
violent, offensive, harassing, or otherwise objectionable to UHC or
other users of the Website; (b) includes unauthorized disclosure of
personal information; (c) violates or infringes anyone's
intellectual property rights; or (d) 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. UHC reserves the right to
edit or remove Content that violates these Terms or that contains
third-party commercial advertisements.
You agree that You will not use the Website to: (a)
transmit spam, bulk or unsolicited communications; (b) pretend to be
UHC or someone else, or spoof UHC's or someone else's identity; (c)
forge headers or otherwise manipulate identifiers (including URLs)
in order to disguise the origin of any Content transmitted through
the Services; (d) misrepresent your affiliation with a person or
entity; (e) disrupt the normal flow of dialogue or otherwise act in
a manner that negatively affects other users' ability to use the
Website; (f) engage in activities that would violate any fiduciary
relationship, any applicable local, state, national or international
law, or any regulations having the force of law, including but not
limited to attempting to compromise the security of any networked
account or site, operating an illegal lottery or gambling operation,
stalking, or making threats of harm; or (g) collect or store
personal data about other users unless specifically authorized by
such users.
3. Confidentiality of UHC Information
You may obtain direct access via
the Website to certain confidential information of UHC and its
resellers, including without limitation technical, contractual,
product, program, pricing, marketing and other valuable information
that should reasonably be understood as confidential ("Confidential
Information"). You must hold such Confidential Information in strict
confidence. Title to Confidential Information remains with UHC and
its resellers.
Your obligations regarding
Confidential Information expire five (5) years after the date of
disclosure. Upon termination of the Terms or UHC's written request,
You must cease use of Confidential Information and return or destroy
it.
The Terms impose no obligation
upon You with respect to Confidential Information that You can
establish by legally sufficient evidence: (a) You possessed prior to
Your receipt from UHC, 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 independently developed without the use of
Confidential Information and without the participation of
individuals who have had access to it, or (e) 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 UHC
adequate to afford UHC the opportunity to object to the disclosure.
4. Intellectual Property Rights
Except as expressly authorized
by UHC or by Content providers, You agree not to reproduce, modify,
rent, lease, loan, sell, distribute, mirror, frame, republish,
transmit, or create derivative works of the Content of this web
site, in whole or in part, by any means. You must not modify,
decompile, or reverse engineer any software UHC discloses to You,
and You must not remove or modify any copyright or trademark notice,
or other notice of ownership.
UHC 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 us
at http://www.uhcommunications.com/contacts.htm.
Unless explicitly stated
herein, nothing in these Terms shall be construed as conferring any
license to intellectual property rights, whether by estoppel,
implication, or otherwise. Permission is granted to display, copy, distribute
and download Content owned by UHC on this Website provided that: (a)
the copyright notice pertaining to the Content remains, and a
permission notice (e.g., "Used with permission") is added to such Content;
(b) the use of such Content is solely for personal and
non-commercial use; (c) such Content will not be copied or posted on any
networked computer or published in any medium, except as explicitly
permitted by valid permission or license covering such materials; and (d)
no modifications are made to such Content. This permission
terminates automatically without notice if You breach any of the terms
or conditions in this Section. Upon termination, You must
immediately destroy any downloaded and/or printed Content.
5. Actuality and Correctness of the
Information
UHC aims to keep the information
on this web site correct and updated to the best of UHC's knowledge.
Still, all information at this website is given as is, and UHC, its
affiliates and resellers do not offer any warranties that the results that may be obtained from the
use of the website will be accurate or reliable.
UHC Reserves the right to change
any information at this web site, including these Terms, without
notice.
6. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT
YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE,
INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN
"AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. UHC DISCLAIMS
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. UHC MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
UHC MAKES NO WARRANTY OR
REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF
ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.
7. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY
LAW, UHC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA,
ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF UHC HAS
PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE
POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH
OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT
LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE
THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION
UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA,
MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS;
OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR
DISTRIBUTE.
TO THE EXTENT THAT ANY
JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY.
8. General Terms
These Terms constitute the
entire agreement between You and UHC relating to their subject
matter, and cancel and supersede any prior versions of these Terms.
No modification to the Terms will be binding, unless in writing and
signed by an authorized UHC representative. You must not assign or
otherwise transfer the Terms or any right granted hereunder. You
also may be subject to additional terms and conditions that may
apply when You use UHC or third-party products or services.
You agree that any material
breach of Sections 2, 3 and 4 of these Terms will result in
irreparable harm to UHC for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies
otherwise available at law, UHC will be entitled to equitable
relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a
bond or other security if UHC seeks such an injunction.
Danish law and European Union
(EU) legislation govern any action related to the Terms and/or Your
use of the Website. Choice of law rules of any jurisdiction and the
United Nations Convention on Contracts for the International Sale of
Goods will not apply to any dispute under the Terms unless
explicitly granted by Danish or EU laws. You and UHC agree to submit
to the personal and exclusive jurisdiction of the courts located in
Denmark.
Services, Content, and product
derived or obtained from this Website may be subject to Danish and
EU export laws and the export or import laws of other countries. You
agree to comply strictly with all such laws and, in particular,
shall: (a) obtain any export, reexport, or import authorizations
required by EU or your local laws; (b) not use Services, Content, or
direct product from this Website to design, develop or produce
military weaponry of any kind; and (c) not provide Services,
Content, or direct product from this Website to prohibited countries
and entities identified in the EU export regulations.
Rights and obligations under the
Terms which by their nature should survive will remain in full effect
after termination or expiration of the Terms.
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