If you want to use SENET 2.0 software, you should read and accept the License agreement and complete the registration procedure provided.
- USE OF THE SITE
1.1. You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, “Materials”) in accordance with the terms and conditions of this Agreement, and you agree to comply with these terms and conditions at all times.
1.2. Subject to the terms of this Agreement, ENESTECH grants you a non-exclusive, non-transferable, sub-licensable license to access and use this Site for your personal use only. Such license is governed by this Agreement and does not apply to:
(a) any commercial use of the Site or the Materials therein;
(b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials;
(c) modifying of the Site or the Materials, or any portion thereof;
(d) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or
(e) any use of the Site or the Materials other than for their intended purposes.
1.3. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of ENESTECH, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. ENESTECH may revoke this license at any time.
- YOUR OBLIGATIONS
2.1. ENESTECH reserves all rights in and to the Materials not expressly granted herein.
2.1. You may not:
(i) use or transmit any Materials on or to any other Web site or network;
(ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials;
(iii) reproduce any Materials;
(iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or
(v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
2.3. You represent, warrant and covenant that:
(i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials;
(ii) you are not located in or a national or resident of any country to which export of any Materials is prohibited by law; and
(iii) you will not upload or otherwise transmit to this Site any software or other materials that:
(a) contain any viruses or other harmful code;
(b) violate the norms of legislation in the field of intellectual property rights or property rights; or
(c) contain any material that is libelous, defamatory or portrays any person in a false light.
- ENESTECH OWNERSHIP
3.1. All intellectual property rights in this Site and the Materials belong to ENESTECH or its licensors, and no intellectual property rights in any of the above items are transferred to you by virtue of this Agreement or ENESTECH’s permission to use the Site.
- DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND ALL USE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENESTECH DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ENESTECH, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ENESTECH DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IF APPLICABLE LAW PROHIBITS OR LIMITS THE ABOVE DISCLAIMER OF WARRANTIES BY ENESTECH, ENESTECH WILL LIMIT OR DISCLAIM THE WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY AND INDEMNITY
5.1. To the extent permitted by applicable law, under no circumstances shall ENESTECH be liable or responsible to you or any other person or entity for any damages arising out of or in connection with any use, inability to use or the results of the use of this Site or any Materials on this Site or taken from the site, even if ENESTECH or its representative has been informed of the possibility of such damages.
5.2. You agree to defend against any claims of third parties and to indemnify ENESTECH, its parent company, subsidiaries, licensors and related entities or persons for any damages incurred by ENESTECH as a result of your use of the Site.
- APPLICABLE LAW AND DISPUTE RESOLUTION
6.1. This Agreement shall be governed by and construed in accordance with the laws of Cyprus. All disputes related to this Agreement, its conclusion or those that arise in the process of fulfilling the terms of this Agreement shall be resolved through negotiations between the representatives of the parties. If the dispute cannot be resolved through negotiations, it shall be resolved in a court of law under the established jurisdiction and jurisdiction of such dispute in the manner determined by the relevant applicable legislation of Cyprus.
- NOT FOR CHILDREN
7.1. The Site may only be used by persons 16 years of age or older. By visiting the Site, you represent that you are 16 years of age or older.
8.1. No failure or forbearance on ENESTECH’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
8.2. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
8.3. This Agreement constitutes the entire agreement between you and ENESTECH relating to the subject matter hereof. ENESTECH may, from time to time, change, modify or update this Agreement, and the revised Agreement will apply prospectively. For easier reference, ENESTECH will change the “Last revised” date above.