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LEGAL DISCLAIMER AND TERMS OF SERVICE By clicking the “I accept the Terms of Service” checkbox, you are indicating your acknowledgement of the legal disclaimer and your agreement to be bound by the following Terms of Service: 1. Online Support. Olympus Soft Imaging Solutions will provide you, and allow you to access, remote online technical support from Olympus Soft Imaging Solutions technical support personnel through chat sessions, and at your request and approval, by allowing Olympus Soft Imaging Solutions to access your system remotely to analyze problems, and when appropriate, to fix the problems (collectively, the “Online Support”). 2. Availability of Services. Online Support is only available to a company or person, or their agents, that is a party to Olympus Soft Imaging Solutions’ analySIS® License Agreement (“License Agreement”). Both these Terms of Service and the Online Support are subject to the provisions of your License Agreement. 3. Supported Software. Online Support is available for Olympus Soft Imaging Solutions’ analySIS® Software including its modifications and enhancements (“Software”). 4. Third Party Technology and Service Disclaimer. Olympus Soft Imaging Solutions provides the Online Support by and through technology created, owned and controlled by Citrix Systems, Inc. (“Third Party”), which technology includes software, applets, servers and other devices owned and controlled by Third Party (“Third Party Technology”). The Third Party Technology enables the communication connection, initiates firewall connections, enables Olympus Soft Imaging Solutions personnel to manipulate and control any screen elements or applications on your computer and provides encryption of the communication between you and Olympus Soft Imaging Solutions. Olympus Soft Imaging Solutions does not participate in the management of, or exercise any operational control over the Third Party or the Third Party Technology. Olympus Soft Imaging Solutions disclaims any liability arising from the Third Party’s acts or omissions or arising from the Third Party Technology, and you hereby acknowledge that you use the Third Party Technology at your own risk. Before proceeding with the connection, should you have questions or concerns regarding the Third Party Technology, please contact a Citrix Systems, Inc. representative. 5. Your Responsibilities. You acknowledge that the Internet is an insecure environment. As a result, electronic communications and other data may be accessed by unauthorized third parties when communicated between you and Olympus Soft Imaging Solutions, and downloads may contain computer viruses, disabling codes, worms or other devices or defects. Prior to using Online Support, you are solely responsible for adequate protection and backup of your data, software and/or hardware. You understand and acknowledge that Olympus Soft Imaging Solutions will not be responsible for any software, hardware or system damages, lost data, inaccurate output or work delays resulting from the Online Support. Also, it is your sole responsibility to take appropriate and adequate precautions to ensure the compatibility and security of your system before using the Third Party Technology and to ensure that any downloads are free of viruses or other contamination that may interfere with or damage your computer system, software or data. Please check with your system administrator before proceeding to ensure the compatibility and security of your system. 6. Olympus Soft Imaging Solutions’ Responsibilities. Olympus Soft Imaging Solutions will use reasonable efforts to resolve your technical problems with the Software in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Olympus Soft Imaging Solutions does not guarantee that every request for technical support will be resolved to your satisfaction. 7. Consent to Use of Data. In order for your Olympus Soft Imaging Solutions technical support professional to effectively solve your Software problems, Olympus Soft Imaging Solutions may collect and use technical information gathered during Online Support provided by you for the sole purpose of providing Online Support. Any data or information that Olympus Soft Imaging Solutions collects in delivering Online Support strictly will be used for the purpose of resolving the problems that you are experiencing. You explicitly authorize Olympus Soft Imaging Solutions and/or its designated agent to access and utilize such information for this purpose. 8. DISCLAIMER. THE ONLINE SUPPORT, AND ALL OTHER DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, ADVICE AND INFORMATION PROVIDED BY OLYMPUS SOFT IMAGING SOLUTIONS, AND THE THIRD-PARTY TECHNOLOGY ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF ONLINE SUPPORT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLYMPUS SOFT IMAGING SOLUTIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OLYMPUS SOFT IMAGING SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ONLINE SUPPORT OR THE RESULTS OF THE ONLINE SUPPORT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OLYMPUS SOFT IMAGING SOLUTIONS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. 9. LIABILITY. OLYMPUS SOFT IMAGING SOLUTIONS SHALL BE LIABLE FOR DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF OLYMPUS SOFT IMAGING SOLUTIONS, ITS LEGAL REPRESENTATIVES OR ITS EXECUTIVE EMPLOYEES. IF MATERIAL OBLIGATIONS UNDER THE ONLINE SUPPORT ARE VIOLATED BY OLYMPUS SOFT IMAGING SOLUTIONS IT SHALL BE LIABLE FOR SLIGHT NEGLIGENT AS WELL. HOWEVER, THE SCOPE OF OLYMPUS SOFT IMAGING SOLUTIONS LIABIITY SHALL IN ANY EVENT BE LIMITED ACCORDING TO SECTION 4 OF THIS TERMS. HOWEVER, THE LIABILITY FOR DAMAGES CAUSED BY VIOLATION OF MATERIAL OBLIGATIONS OR BY GROSS NEGLIGENCE OF OTHER OBLIGATIONS IS LIMITED TO FORESEEABLE TYPICAL CONTRACTUAL DAMAGES AND SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE LICENSE AGREEMENT. LIABILITY FOR DEATH, PERSONAL INJURY AND UNDER THE PRODUCT LIABILITY ACT AS WELL AS INTENTIONAL MISCONDUCT IS NOT PREJUDICED THEREBY AND SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE LEGAL PROVISIONS. WITH THE EXCEPTION OF COMPELLING LEGAL PROVISIONS THAT MAY NOT BE RESTRICTED BY A CONTRACTUAL DISCLAIMER AS MENTIONED ABOVE, OLYMPUS SOFT IMAGING SOLUTIONS DOES NOT ACCEPT LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONLINE SUPPORT. UNLESS OTHERWISE SPECIFIED IN THIS TERMS THE LIABILITY OF OLYMPUS SOFT IMAGING SOLUTIONS SHALL BE EXCLUDED. 10. Miscellaneous. This Online Support and these Terms shall be governed by and construed in accordance with the laws of Germany excluding the rules governing conflicts of laws and the Vienna Convention on the International Sale of Goods. The courts of Hamburg, Germany shall have exclusive jurisdiction for any dispute arising out of or in this Agreement. This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all previous agreements and understandings, whether written or oral between the Parties regarding its subject matter. The Exhibits referred to in this Agreement are considered to be part of this Agreement. This Agreement including this Clause may not be modified except in writing. Should any provision of this Agreement or any part thereof be or become invalid or unenforceable, that provision or part thereof shall be replaced by such provision which it adheres as closely as possible to the economic intention of the Parties hereto without being invalid or unenforceable. The foregoing shall also apply should this Agreement contain a gap. 11. Use Terms. Olympus Soft Imaging Solutions reserves the right to change the terms under which Online Support is provided. For future Online Support, please review these Terms of Service and your License Agreement to understand the use terms applicable at that time. By clicking the “I accept the Terms of Service” checkbox, you acknowledge and agree to be bound by the provisions of these Terms of Service. If you submit a question to Olympus Soft Imaging Solutions through online support, you will be deemed to have acknowledged and agreed to be bound by the provisions of these Terms of Service. If you agree that Olympus Soft Imaging Solutions can access your system remotely or approve of Olympus Soft Imaging Solutions doing so, you will be deemed to have acknowledged and agreed to be bound by the provisions of these Terms of Service. |