Hitachi ID Web Site Copyright Statement
Hitachi ID Systems, Inc. ("HID")
Website Terms of Use Agreement ("Agreement")
Date last amended: 2008-06-12
Terms of Use
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE HID OR AFFILIATED WEBSITE(S), WHICH INCLUDE BUT ARE NOT LIMITED TO HITACHI-ID.COM, P-SYNCH.COM, ID-SYNCH.COM, ID-ARCHIVE.COM, ID-CERTIFY.COM AND ID-ACCESS.ORG, COLLECTIVELY ("WEBSITE"). BY ACCESSING AND VIEWING THE WEBSITE OR ANY DOCUMENTATION CONTAINED THEREIN YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS, VIEW OR USE THE WEBSITE OR ANY DOCUMENTATION CONTAINED THEREIN.
Amendments
HID may amend this Agreement at any time by posting a new Agreement in place of this one. The amended Agreement shall automatically be effective when posted.
Use of The Website
HID hereby grants to you a non-exclusive and non-transferable license to access the Website and download documentation, provided that;
- you have read, understood and agreed to HID's privacy statement found at http://Hitachi-ID.com/privacy.html;
- you do not alter any documentation found on the Website, including the removal of HID's name and/or its copyright, trademark or other proprietary notices;
- you do not remove the link to this Agreement, http://Hitachi-ID.com/termsofuse.html, from any document found on the Website, whether the document is in PDF, XML, or HTML format. In the case of any other electronic format of any document found on the Website, that does not support a direct link to http://Hitachi-ID.com/termsofuse.html, this Agreement must be copied in its entirety and all parties who may access or view the Website or any documentation contained therein must read this Agreement prior to such use;
Except as specifically provided herein, no other license, right to license or other right to any documentation or any other material on the Website is granted to any party whatsoever.
Certain links on this site lead to information or resources maintained by third parties over which HID has no control. HID makes no express or implied warranties as to the accuracy or any other aspect of, and takes no responsibility for, such sites, information or resources. A link to another site or service is not and does not imply any endorsement by HID of the linked site or service, even if it may contain the HID logo. You may not create on any website a link to any page of HID's website without HID's prior written consent, and you acknowledge that framing HID's web site and any similar process is prohibited.
Intellectual property
HID has certain protectable proprietary rights contained in the Website and documentation contained therein, including copyrighted materials. You may not modify, sell, create derivative works, or in any way exploit the contents of the Website or any documentation found therein except as specifically permitted under this Agreement or with the express written consent of HID.
Warranty disclaimer
THE INFORMATION FOUND ON THE WEBSITE IS PROVIDED "AS IS" AND USED BY YOU AT YOUR SOLE RISK. HID MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE INFORMATION FOUND ON THE WEBSITE MAY CONTAIN ERRORS. HID ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH ERRORS.
Limited liability
IN NO EVENT SHALL HID BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF HID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES HID'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $1.00 (CDN).
INDEMNITY
You agree to hold HID, its parent, affiliates, and the employees, officers, directors and agents of each, harmless from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from your use of the Website or your violation of this Agreement.
No agency
Any third party which places on its website any information or documentation from this Website, shall be subject to the terms and conditions of this Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists between HID and any party whatsoever, unless agreed to in writing under a separate agreement.
No waiver
HID's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision of this Agreement.
Entire agreement
The terms and conditions set out in this Agreement and the HID privacy statement, found at http://Hitachi-ID.com/privacy.html, constitute the entire understanding with respect to the use of the Website and any documentation contained therein and the relationship between you and HID unless there is a separate written agreement signed by both parties. No representative of HID is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.
Termination
Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
Governing law
This Agreement, the relationship between you and HID and your use of the information or documentation found on the Website and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein. You agree that any legal action or proceeding between you and HID which in any way concerns this Agreement shall be brought forth exclusively in the courts of Alberta, Canada. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be individually severed from this Agreement and the remaining provisions shall remain in full force and effect.
Headings
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
©2008 Hitachi ID Systems, Inc. All rights reserved. Hitachi ID, Hitachi ID Management Suite, Hitachi ID Management Suite, P-Synch, ID-Synch, ID-Certify, ID-Access, ID-Discover, ID-Telephony, P-Synch/SSO, ID-Certify, ID-Archive, ID-Org, AdMax and IdmPro are trademarks or registered trademarks of Hitachi ID Systems, Inc., Inc. in the United States, Canada, and all other countries. All audio, visual and textual content on this site (including all names, characters, images, trademarks and logos) are protected by trademark rights, copyrights and other rights owned by Hitachi ID. Use of this site signifies your agreement to the Terms of Use. All other marks, symbols and trademarks are the property of their respective owners.