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HITACHI
ASIA LTD. CORPORATE WEB SITE TERMS OF USE AND LEGAL
RESTRICTIONS |
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NOTE : PLEASE READ
THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
Acceptance of Contract Terms
The following comprises terms and conditions (“Terms”)
forming a legal agreement between you and Hitachi
Asia Ltd. (“Hitachi”). By accessing,
browsing and/or using this Web Site ("Site"),
you acknowledge that you have read, understood and
agreed without limitation or qualification, to be
bound by these Terms. If you do not agree to these
Terms, do not use this Site. The communications
and materials provided on this Site are protected
by law, including, but not limited to, United States
Copyright Law and international treaties.
This Site is controlled, operated and administered
by Hitachi. Hitachi makes no representation or any
warranty that the communications and materials in
this Site are appropriate or available for use whether
within Singapore or in any other locations out of
Singapore. Any access to communications and materials
from territories where their contents are illegal
is prohibited. If you choose to access this Site,
you do so on your own initiative and are responsible
for compliance with applicable laws.
Use Restrictions
All communications and materials available on this
Site, including but not limited to audio, images,
software, text and video clips ("Contents"),
are protected by applicable copyright laws and international
conventions. The copyright in all Contents provided
on this Site is held by Hitachi. Any unauthorized
use of the Contents may violate copyright laws,
trademark laws, the laws of privacy and publicity,
and civil and criminal statutes.
Hitachi maintains this Site for your personal information,
education, and communication only. Hitachi authorizes
you to view and grants you a non-exclusive, non-transferable,
limited right to copy, display, distribute and download
the Contents at this Site only for your personal,
non-commercial use, provided that you do not modify
the Contents and retain all copyright and other
proprietary notices contained in the Contents. Except
as stated herein, none of the Contents shall be
copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise,
or used for any public or commercial purposes, without
the prior written permission of Hitachi.
For purposes of these Terms, any use of the Contents
on any other Web site or networked computer environment
for any purpose is prohibited. If you breach any
of the aforesaid terms, your authorization to use
this Site automatically terminates and you must
immediately destroy any downloaded or printed Contents.
You also may not, without Hitachi's permission,
"duplicate" any Contents contained on
this Site on any other server. Notwithstanding anything
to the contrary contained in this Site, Hitachi
neither warrants nor represents that your use of
Contents displayed on this Site will not infringe
rights of third parties not owned by or affiliated
with Hitachi.
Nothing in this Site is deemed to have granted you
any license to utilize the proprietary logos, service
marks and trademarks found on this Site. Any use
by you of the proprietary logos, service marks and
trademarks found in this Site constitutes an infringement
of any intellectual property rights of Hitachi or
its holding, subsidiary, related, associated or
affiliated companies, as the case may be, therein
and you hereby agree to indemnify and keep Hitachi
or its holding, subsidiary, related, associates
or affiliated companies indemnified against all
losses, damages, costs and expenses whatsoever arising
as a result thereof.
Use of Software
If you download any software from any sub site within
this Site ("Software"), use of the Software
is subject to the terms in the relevant Software
License Agreement that accompanies or is provided
with the Software. You shall not download or install
the Software until you have read and accepted the
terms of the Software License Agreement.
User’s Communications
If you send any information, materials or other
communications transmitted or posted to this Site
by electronic mail or otherwise, including but not
limited to any comments, data, questions, suggestions
or the like (“Communications”), all
such Communications are, and will be treated as,
non-confidential and non-proprietary.
Hitachi shall be entitled but not obliged to adapt,
broadcast, distribute, change, copy, incorporate,
disclose, license, perform, post, publish, sell,
transmit or other wise use any Communications including
any concepts, ideas, know-how or techniques contained
therein, anywhere in the world, at any point of
time, in any medium and for any purpose whatsoever,
including but not limited to developing, manufacturing
and marketing products using such Communications
without any compensation to you.
You shall be deemed to have waived any rights of
claim pertaining to the use of such Communications
including but no limited to right of claiming that
such use violates any of your rights including moral
rights, privacy rights, proprietary or other property
rights, publicity rights, rights to credit for Communications
or ideas, or any other right.
You agree not to post, send, transmit, upload or
otherwise publish through this Site, any Communications
that (1) interfere with anyone else's use of this
Site; (2) are abusive, illegal, indecent, obscene,
pornographic, offensive or threatening in any way;
(3) are libelous, slanderous or any manner defamatory
(4) encourage any conduct that would be considered
a criminal offense or give rise to civil liability
law; (5) violate anyone's copyright or other property
right; (6) interfere with the privacy of any other
user; (7) contain a virus or any other harmful component;
or (8) contain false or misleading statements of
fact or descriptions of the origin of the Communications.
Hitachi shall be entitled to fully cooperate with
any law enforcement authorities or court order requesting
or directing Hitachi to disclose the identity of
anyone posting such Communications. Hitachi reserves
the right to change, edit or remove any such Communications
or any other Communications which are unacceptable
or violate Hitachi’s policies in any way.
Hitachi may, but is not obligated to, monitor or
review any areas on this Site where you transmit
or post Communications or communicate solely with
each other, including but not limited to chat rooms,
bulletin boards or other user forums, and the content
of any such Communications. Accordingly, Hitachi
assumes no liability or responsibility in respect
of the same.
Transmitted Communications
You understand and acknowledge that Internet transmissions
are never completely private or secure and that
any Communications transmitted or posted by you
to this Site may be read or intercepted by others
unless there is a special notice that a particular
message (for example, credit card information) is
encrypted (send in code). You also acknowledge that
Hitachi shall have no responsibility whatsoever
in respect of such Communications.
Links to Other Web Sites
This Site may contain links to other third party
Internet sites on the World Wide Web. However, these
links to such other third party Web sites from this
Site are provided solely for your convenience only.
At any point of time if you use these links, you
shall be deemed to have left this Site. Hitachi
has not reviewed all of these third party sites
linked to this Site and does not control nor is
responsible for any of these sites or their content.
Accordingly, Hitachi does not endorse, recommend
or make any representations or warranties in respect
of these sites or their content including but not
limited to any information, software or other products
or materials found there, or any results that may
be obtained from using them and are not responsible
for the same. Your linking to such other third party
Websites is solely at your own risk and costs. For
the avoidance of doubt, “other third party
Internet sites” shall mean any Web site other
than this Site.
Disclaimer
YOU HAVE USED THIS SITE SOLELY AT YOUR OWN RISK.
THIS SITE AND ALL CONTENTS MADE AVAILABLE ON OR
ACCESSED THROUGH THIS SITE ARE PROVIDED ON "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. Hitachi makes no representations
or warranties about the accuracy, completeness or
suitability of the Contents in this Site for any
purpose. Neither does Hitachi represents and warrants
that your use of the Contents in this Site will
not infringe any rights of third parties not owned
by or affiliated with Hitachi. The Contents in this
Site may be out of date and Hitachi makes no commitment
to update the Contents in this Site. Hitachi may
make changes to the Contents at this Site, at any
time without notice. The Contents published at this
Site may refer to products, programs or services
that are not available in your country. Please consult
your local Hitachi business contact for information
regarding the products, programs and services in
this Site that may interest you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER INCLUDING BUT
NOT LIMITED TO HITACHI'S NEGLIGENCE, WILL HITACHI,
ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, ACCIDENTAL, PUNITIVE OR SPECIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF (1) THE USE, (2) INABILITY TO USE,
(3) THE RESULTS OF USE OF THIS SITE AND ANY WEB
SITES LINKED TO THIS SITE, (4) THE CONTENTS CONTAINED
IN THIS SITE AND ANY WEB SITES LINKED TO THIS SITE,
OR (5) ERRORS OR OMISSIONS IN THE CONTENTS OF THIS
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR OTHERWISE AND WHETHER HITACHI, ITS SUPPLIERS,
OR OTHER THIRD PARTIES MENTIONED AT THIS SITE OR
THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR NOT. IF YOUR USE OF THE CONTENTS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
IN SOME JURISDICTIONS, THE APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold Hitachi
and all of its agents, directors, officers, employees,
information and service providers and licensors
and licensees (collectively, "Indemnified Parties")
harmless from and against any and all liability
and costs (including, without limitation, attorneys'
fees and costs), incurred by the Indemnified Parties
in connection with any claim arising out of any
breach by you of these Terms or the foregoing representations,
warranties and covenants. You shall cooperate as
fully as reasonably required in Hitachi's defense
of any claim. Hitachi reserves the right, at its
own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any
matter without the written consent of Hitachi.
EXPORT CONTROL
You may not use or export or re-export the Contents
posted at this Site or any copy or adaptation thereof
in violation of any applicable export control laws
or regulations including without limitation U.S.
export laws and regulations.
CHANGE OF THESE TERMS OR CONTENTS OF THIS SITE
Hitachi may add to, change or remove or otherwise
revise any part of these Terms or other terms posted
at this Site at any time, without notice. Any changes
to these Terms or any other terms posted on this
Site shall apply and be effective as soon as they
are posted at this Site. Hitachi may add, change,
discontinue, remove or suspend any of the Contents
posted on this Site, including features and specifications
of products described or depicted on this Site,
temporarily or permanently, at any time, without
notice and without liability. By continuing to use
this Site after any of the aforesaid changes are
posted, you are indicating your acceptance of those
changes.
Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located
on particular pages at this Site.
You agree to comply with any additional terms which
are referred to on this Site or any sub site within
this Site.
These Terms together with the other terms posted
on this Site constitute the entire agreement between
Hitachi and you with respect to your use of this
Site. Any cause of action you may have with respect
to your use of this Site must be commenced within
(1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction
finds any provision of these Terms, or portion thereof,
to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect
the intent of these Terms, and the remainder of
these Terms shall continue in full force and effect.
Applicable Laws
These Terms are governed by and construed in accordance
with the laws of Singapore, without giving effect
to any principles of conflicts of laws.
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