These
Terms of Use may be amended by Ovation
at
any time.
Such amended Terms of Use shall be effective upon posting on this Web
Site. Please check the Terms of Use published on this Web Site
regularly to ensure that you are aware of all terms governing your use
of this Web Site. Other Ovation web sites may have their own terms of
use which apply to such web sites. Also, specific terms and conditions
may apply to specific content, products, materials, services or
information contained on or available through this Web Site (the
“Content”) or transactions concluded through this
Web Site.
Such
specific terms may be in addition to these Terms of Use or, where and
then only to the extent the content or intent of such specific terms is
inconsistent with the terms contained in these Terms of Use, such
specific Terms will supersede these Terms of Use.
Ovation reserves the right to make changes or
updates with respect to or in the Content of the Web Site or the format
thereof at any time without notice. Ovation reserves the right to
terminate or restrict access to the Web Site for any reason whatsoever
at its sole discretion.
Although care has been taken to ensure the
accuracy of the information on this Web Site, Ovation assumes no
responsibility therefor. ALL CONTENT IS PROVIDED “AS
IS”
AND “AS
AVAILABLE”. OVATION HEREBY EXPRESSLY DISCLAIMS ANY
REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR
THE CONTENT. OVATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO
THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY
BE INTERCEPTED. OVATION DOES NOT WARRANT THAT THE WEB SITE OR THE
SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS
SENT BY OVATION ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
IN NO EVENT SHALL OVATION OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR
INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS
INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, EVEN IF
OVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION
BROUGHT AGAINST OVATION PERTAINING TO OR IN CONNECTION WITH THIS WEB
SITE MUST BE COMMENCED AND NOTIFIED TO OVATION IN WRITING WITHIN ONE
(1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
This Web Site may provide links to other web sites
that are not under the control of Ovation. Ovation shall not be
responsible in any way for the content of such other web sites. Ovation
provides such links only as a convenience to the user of this Web Site,
and the inclusion of any link to any such web sites does not imply
endorsement by Ovation of the content of such web sites.
Copyright and all other proprietary rights in the
Content (including but not limited to software, audio, video, text and
photographs) rests with Ovation Electronics N.V. or its
licensors. All rights in the Content not expressly granted herein are
reserved. Except as otherwise provided, the Content published on this
Web Site may be reproduced or distributed in unmodified form for
personal non-commercial use only. Any other use of the Content,
including without limitation distribution, reproduction, modification,
display or transmission without the prior written consent of Ovation is
strictly prohibited. All copyright and other proprietary notices shall
be retained on all reproductions.
Any material or information sent through or in
connection with this Web Site by you (“User
Materials”)
will be treated
as non-confidential and non-proprietary, and immediately become the
property of Ovation, subject to any privacy policies posted on this Web
Site. Ovation may use such User Materials as it deems fit, anywhere in
the world, without obligation for compensation, and free of any moral
rights, intellectual property rights and/or other proprietary rights in
or to such User Materials.
The Web Site may contain references to specific Ovation products and
services that may not be (readily) available in a
particular country. Any such reference does not imply or warrant that
any such products or services shall be available at any time in any
particular country. Please contact your local Ovation business contact
for further information.
Software made available for downloading from or
through this Web Site is licensed subject to the terms of the
applicable license agreement. Except as set forth in the applicable
license agreement, the software is made available for use by end users
only and any further copying, reproduction or redistribution of the
software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO
SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE
LICENSE AGREEMENT. OVATION HEREBY EXPRESSLY DISCLAIMS ALL FURTHER
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
‘Safe
Harbor’ Statement
under the Private Securities Litigation Reform Act of 1995:
The information on this Web Site may contain certain projections or
forward-looking statements with respect to the financial condition,
results of operations and business of Ovation Electronics
N.V. or any of its affiliates and certain of the plans and objectives
of Ovation with respect to these items. By their nature, projections
and forward-looking statements involve risk and uncertainty because
they relate to events and depend on circumstances that will occur in
the future. There are a number of factors that could cause actual
results and developments to differ materially from those expressed or
implied by these projections or forward-looking statements. These
factors include, but are not limited to, levels of consumer and
business spending in major economies, changes in consumer tastes and
preferences, the levels of marketing and promotional expenditures by
Ovation and its competitors, raw materials and employee costs, changes
in future exchange and interest rates (in particular, changes in the
Euro and the US dollar can materially affect results), changes in tax
rates and future business combinations, acquisitions or dispositions
and the rate of technical changes.
These Terms of Use shall be governed by and
construed in accordance with the laws of England and Wales without
regard to its principles of conflict of laws. You agree to the
exclusive jurisdiction of the courts of the United Kingdom for any
claim or cause of action arising out of, or relating to or in
connection with these Terms of Use or this Web Site, provided that such
exclusivity does apply to legal actions initiated or brought by
Ovation.
Personal information provided or collected through
or in connection with this Web Site shall only be used in accordance
with Ovations' Privacy
Policy.
"Ovation" is a registered trademark
of Ovation Electronics N.V.
If
you have a question or complaint, please
contact us using the Help button at the bottom
of this
Web Site.
