1. General Use Restrictions.
PureDepth® provides information and documents on this Site, including content, logos, graphics, certain white papers, webcasts, presentations and images (together, the “Materials”). PureDepth® grants you a limited, personal, non-exclusive and non-transferable license to use this Site solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit 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 or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
3. Third Party Content.
Certain information and content, such as white papers, articles and the like, may be provided by third party licensors and suppliers to PureDepth®, as indicated on the Site (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that the third party content does not reflect the views of PureDepth® and that PureDepth® is not responsible for any views, ideas, positions, materials and the like contained in any third party content. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or internal business 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 unless you have permission from the owner of the Third Party Content.
4. Unauthorized Activities.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold PureDepth® and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) PureDepth® or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
5. Proprietary Rights.
PureDepth® is a trademark of PureDepth® in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of PureDepth®, Copyright © 2009 Puredepth, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited 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 or licensor.
6. Disclaimer of Warranties.
Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by PureDepth®, and they may include inaccuracies or typographical or other errors. PureDepth® does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. PureDepth® has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by PureDepth® or our licensors.
PUREDEPTH, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7. Limitation of Liability.
PUREDEPTH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT FROM THIS SITE. IN NO EVENT SHALL PUREDEPTH BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PUREDEPTH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
8. Local Laws; Export Control.
PureDepth® controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
9. Links to Third Party Sites.
This Site may be linked to other world wide web sites that are not PureDepth® Sites. PureDepth® is providing these links to you only as a convenience. If you use these links, you will leave this Site. PureDepth® is not responsible for such linked sites, including, without limitation, the content, opinion, information or links displayed on such sites. PureDepth® does not endorse or make any representations about the sites or the companies to which links are provided, about any information, products or materials found there, or about any results that may be obtained from them.
10. Disclosure; Forward-Looking Statements.
The information on this Site may contain certain “forward-looking statements.” All statements on this Site other than statements of historical fact are “forward-looking statements” for purposes of these provisions, including any statements of the plans and objectives for future operations and any statement of assumptions underlying any of the foregoing. Statements that include the use of terminology such as “may,” “will,” “expects,” “believes,” “plans,” “estimates,” “potential,” or “continue,” or the negative thereof or other and similar expressions are forward-looking statements. Forward-looking statements on this Site may include, but are not limited to, discussion and disclosures of PureDepth®’s plans, strategies and expectations for the use of its technology and market for its products, the likelihood of any resulting products to become widely accepted by the marketplace, and statements of belief or assumptions underlying any of the foregoing or other forward-looking statements. Actual results may differ materially from those projected or assumed in these forward-looking statements. All phases of PureDepth®’s business and operations are subject to a number of uncertainties, risks and other influences, most of which are outside its control, and any one or combination of which could materially and adversely affect the results of PureDepth®’s operations and whether any forward looking statements contained herein ultimately prove to be accurate. PureDepth® assumes no obligation to update any forward-looking statement or other information on this Site. PureDepth® refers you to its disclosures, including any listings therein of the risk factors that may affect its results, made in its filings with the Securities and Exchange Commission, including its Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and any amendments to such reports.
If you violate these Terms, PureDepth® may terminate and/or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. PureDepth®’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and PureDepth® and supersede all prior or contemporaneous negotiations, discussions or agreements between you and PureDepth® about this Site.