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Conditions d'utilisation
THE TERMS AND CONDITIONS SET FORTH BELOW
(THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE
WEB (THE "SITE") OF ORB NETWORKS, INC AND ARE LEGALLY BINDING
ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS
OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.
YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE
BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software and services provided on this
Site, including trademarks, logos, graphics and images (the "Materials")
are provided to you by Orb
Orb grants you the limited right to display the Materials only on your personal
computing device, and to copy and download the Materials on this Site, provided
that: (1) both the Orb copyright notice (set forth below) and this permission
notice appear in the Materials so displayed, copied or downloaded; (2) such
display, copy or download is solely for your personal or internal informational
use (that is, not distributed or otherwise transmitted outside of your home
or company, or otherwise broadcast in any media) and; (3) the ability to
download and use certain Materials may be subject to additional terms and
restrictions. You acknowledge and agree that you have no right to modify,
edit, alter or enhance any of the Materials in any manner. This limited license
terminates automatically, without notice to you, if you breach any of these
Terms. Upon termination of this limited license, you agree to immediately
destroy any downloaded and/or printed Materials.
You acknowledge that, except as expressly stated herein, you have no right,
title or interest in or to the Materials.
Computer Software
Any computer software which may be downloaded or is otherwise available from
the Site is licensed subject to the terms of its associated license agreement
only, unless expressly stated otherwise. You will not be able to use, download
or install any software unless you agree to the terms of such license agreement.
Except as expressly permitted in the applicable license agreement, you
may not use, reproduce, record, publish, publicly exhibit or distribute
any software made available on the Site without Orb's
express prior written consent. Orb and its licensors retain title to any
such software downloaded from the Site and you are granted only a non-exclusive
license to use such software in accordance with the applicable license
agreement. Such software is warranted, if at all, only according to the
terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED
LICENSE AGREEMENT, ORB DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Orb and its licensors
reserve all intellectual property rights in and relating to such software.
Third Party Content
Certain information and content may be provided by third parties to Orb (Third
Party Content). The Third Party Content is, in each
case, the copyrighted work of the creator/licensor. You agree to only display
the Third Party Content on your personal computer solely for your personal
use. You acknowledge and agree that you have no right to download, cache,
reproduce, modify, display (except as set forth in this paragraph), edit,
alter or enhance any of the Third Party Content in any manner. ORB DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
No Framing
You agree not to frame, mirror or scrape any
Materials or Third Party Content contained on or accessible from this Site
on any other server or Internet-based device without the advance written
authorization of Orb or its licensors, respectively.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet
that are not under the control of or maintained by Orb (External
Web sites). Such links do not constitute an endorsement
by Orb of those External Web sites. You acknowledge that Orb is providing
these links to you only as a convenience, and further agree that Orb is
not responsible for the content of such External Web sites. Your use of
External Web sites is subject to the terms of use and privacy policies
located on the linked to External Web sites.
Restricted Areas of the Site
Certain areas of the Site may be password restricted to authorized users
or require you to provide personal information (Restricted
Areas). If you are an authorized user of the Restricted
Areas, you agree that you are entirely responsible for maintaining the
confidentiality of your password and account information, if any, and agree
to notify Orb if the password is lost, stolen, disclosed to an unauthorized
third party, or otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities which occur under your
account, including any fees which may be incurred under your password-protected
account, whether or not you are the individual who undertakes such activities.
You agree to immediately notify Orb of any unauthorized use of your account
or any other breach of security in relation to the Site known to you. You
acknowledge and agree that usage of any such password protected areas of
the Site may be conditional on your agreement to be bound by additional
terms applicable to the use of such areas and/or the services available
therein.
Privacy Policy
Your use of the Site it governed by the Orb Privacy Policy which is available
at www.orb.com/index/privacy/ (the Privacy Policy).
Submissions
You acknowledge that you are responsible for the information and material
that you submit to the Site (each a Submission),
and that you, and not Orb, will have full responsibility for each such
Submission, including its legality, reliability, appropriateness, originality
and copyright. Unless otherwise explicitly stated herein or in the Privacy
Policy,you agree that any Submission provided by you in connection with
this Site outside the Restricted Areas is provided on a non-proprietary
and non-confidential basis. You agree that Orb shall be free to use or
disseminate a Submission which is posted outside the Restricted Areas on
an unrestricted basis for any purpose. If you submit Information to the
Site, you grant Orb a nonexclusive, worldwide, royalty-free license to
(in any media now known or not currently known or invented) link to, utilize,
use, copy, exploit, and prepare derivative works of the Submission. No
Information you submit shall be deemed confidential. However, Orb agrees
to use your Information in accordance with Orb's Privacy
Policy applicable to personally identifiable user data. YOU RETAIN OWNERSHIP
OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY
INFORMATION YOU SUBMIT TO ORB.
Unauthorized Activities
You acknowledge that your Submissions and unauthorized use of any Materials
or Third Party Content contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, certain communications
statutes and regulations and other applicable laws and regulations, and
agree that you are wholly responsible for your actions or the actions of
any person using your screen name and/or password. As such, you agree to
hold Orb entirely harmless from and against any and all costs, damages,
liabilities, and expenses (including attorneys fees)
incurred by Orb in relation to, arising from or for the purpose of avoiding
any claim or demand from a third party that your use of the Site or the
use of the Site by any person using your screen name and/or password (including
without limitation your Submissions) violates any applicable law or regulation,
or the rights of any third party.
Trademarks and Copyrights
Orb is a trademark of Orb in the United States and other countries. All other
marks, names, and logos mentioned herein are the property of their respective
owners. You may not remove or alter any trademark. You may not use any
trademark displayed on the Site without the express prior written permission
of Orb or the respective owner, and nothing contained on this Site grants
by implication, waiver, estoppel or otherwise, any right to use such trademarks.
All information and screens appearing on this site including documents,
products, software and services, graphics, text elements, site design,
logos, images, and icons, as well as the selection, assembly, and arrangement
thereof, are the sole property of Orb Copyright 2004
Orb Networks, Inc., unless otherwise specified. All rights not expressly
granted herein are reserved. Except as otherwise required by applicable
law, any reproduction, distribution, modification, retransmission, or publication
of any copyrighted material is strictly prohibited without the express
written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless Orb and Orb's
representatives, partners, agents and employees from and against any and
all liabilities, claims, costs and expenses, including attorneys' fees, that
arise out of or in connection with your use of the Site or breach of these
Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions,
outdated information which may affect the quality of the Materials and
the Third Party Content. You acknowledge that neither the Materials nor
the Third Party Content have been independently verified or authenticated
in whole or in part by Orb, and agree that Orb does not warrant the accuracy
or timeliness of the Materials or the Third Party Content, and further
agree that Orb has no liability for any errors or omissions in the Materials
and the Third Party Content, whether provided by Orb or its licensors.
ORB, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS,
WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD
PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND WHERE-IS
BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS
AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORB SHALL NOT BE LIABLE
TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS
A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR
MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO
EVENT SHALL ORB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER
ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ORB HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, so the
exclusions set forth above may not apply to you.
Local Laws; Export Control
Orb controls and operates this Site from its headquarters in the United States
of America and makes no representation that the Materials are appropriate
or will be available for use in other locations. If you use this Site from
outside the United States of America, you are entirely responsible for
compliance with applicable local laws, including but not limited to the
export and import regulations of other countries in relation to the Materials
and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials
found on this Site are solely directed to individuals, companies or other
entities located in the United States.
You acknowledge and agree that the Materials and the Third Party Content
are subject to the U.S. Export Administration Laws and Regulations, and that
diversion of the Materials or the Third Party Content contrary to U.S. law
is prohibited. You agree that none of the Materials or and the Third Party
Content, nor any product or services acquired through the use of the Site,
is being or will be acquired for, shipped, transferred, or re-exported, directly
or indirectly, to proscribed or embargoed countries or their nationals, nor
be used for nuclear activities, chemical biological weapons, or missile projects,
unless specifically authorized by the U.S. Government for such purposes.
You agree to comply strictly with all U.S. export laws and assume sole responsibility
for obtaining licenses to export or re-export as may be required.
General
You acknowledge that Orb may report to law enforcement authorities any actions
which may be considered illegal, as well as any reports it receives of
such conduct. When requested, Orb will cooperate fully with law enforcement
agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Orb reserves the right to terminate your access
to the Site without notice. You agree that Orb and its licensors may make
improvements and/or changes in the Materials or other items described in
or offered on this Site, if any, at any time without notice, and further
agree that Orb can revise these Terms at any time without notice by updating
this posting. You agree that your continued use of the Site after such
modifications have been posted constitutes your acceptance of such revised
Terms. Any action related to these Terms will be governed by California
law and controlling U.S. federal law, without regard to the choice or conflicts
of law provisions of any jurisdiction. You agree to submit to the jurisdiction
of the courts located in the State of California, for the resolution of
all disputes arising from or related to these Terms and/or your use of
the Site. If any provision of these Terms is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties, with all
other provisions remaining in full force and effect. The failure of Orb
to enforce any right or provision in these Terms shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by
Orb in writing. The Terms comprises the entire agreement between you and
Orb and supersede all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the subject matter
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