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Empresa
Website Terms of Use
1. ACCEPTANCE OF TERMS
OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE SUN WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
EMPRESA SOLUTIONS, INC. PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND
CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN EMPRESA AND YOU, AND YOU
ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER
MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a) the Online Support Center and
other on-line services accessible via the Website (collectively the "Services");
(b) information such as technical, contractual, product, program, pricing, marketing, and
other valuable information ("Information"); and (c) content such as data, text, software,
music, sound, photographs, graphics, video, messages, or other materials ("Content"). Empresa
controls and operates its websites from various locations and makes no representation that
this Website is appropriate or available for use in all locations. Empresa products and
services may not be available in Your location, and deliverables may vary among locations.
If You are using the Website on behalf of Your employer, You represent and warrant that You
are authorized to accept these Terms on Your employer's behalf, and that Your employer
agrees to indemnify You and Empresa for violations of these Terms. In addition to the
Terms and unless otherwise noted, the standard Empresa terms and conditions of sale in
your jurisdiction govern purchases You make through the Website, unless You have in effect
a separate valid written purchase or license agreement with Empresa for that product or
service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS
AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current,
and complete information about You as may be prompted by a registration form on the Website
(the "Registration Data"); (b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any information You provide to
Empresa, to keep it accurate, current and complete; and (d) accept all risks of unauthorized
access to information and Registration Data. You have sole responsibility for adequate
protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise
transmit via the Website. You agree not to upload, post or otherwise transmit via the
Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory,
racist, violent, offensive, harassing, or otherwise objectionable to Empresa or other
users of the Website; (b) includes unauthorized disclosure of personal information;
(c) violates or infringes anyone's intellectual property rights; or (d) contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment. Empresa reserves the right to edit or remove Content that violates these Terms
or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited
communications; (b) pretend to be Empresa or someone else, or spoof Empresa's or someone
else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs)
in order to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of
dialogue or otherwise act in a manner that negatively affects other users' ability to use
the Website; (f) engage in activities that would violate any fiduciary relationship, any
applicable local, state, national or international law, or any regulations having the force
of law, including but not limited to attempting to compromise the security of any networked
account or site, operating an illegal lottery or gambling operation, stalking, or making
threats of harm; or (g) collect or store personal data about other users unless specifically
authorized by such users.
3. CONFIDENTIALITY
OF EMPRESA INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of Empresa,
including without limitation technical, contractual, product, program, pricing, marketing and
other valuable information that should reasonably be understood as confidential ("Confidential
Information"). You must hold Confidential Information in strict confidence. Title to Confidential
Information remains with Empresa and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the
date of disclosure. Upon termination of the Terms or Empresa's written request, You must
cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that
You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt
from Empresa, without an obligation to maintain its confidentiality; (b) is or becomes
generally known to the public through no act or omission by You, or otherwise without
violation of the Terms; (c) You obtained from a third party who had the right to disclose
it, without an obligation to keep such information confidential; (d) You independently
developed without the use of Confidential Information and without the participation of
individuals who have had access to it, or (e) in response to a valid order by a court or
other governmental body, as otherwise required by law, or as necessary to establish the
rights of either party under these Terms and as disclosed after prior notice to Empresa
adequate to afford Empresa the opportunity to object to the disclosure.
4. CONTENT
SUBMITTED TO EMPRESA
4.1 Empresa does not claim ownership of the Content You place on the Website and shall have
no obligation of any kind with respect to such Content. Unless otherwise stated herein, or
in Empresa's Privacy Policy, any Content You provide in connection with this Website shall
be deemed to be provided on a nonconfidential basis. Empresa shall be free to use or
disseminate such Content on an unrestricted basis for any purpose, and You grant Empresa
and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive
license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell
and publish such Content (including in digital form). You represent and warrant that you
have proper authorization for the worldwide transfer and processing among Empresa, its
affiliates, and third-party providers of any information that You may provide on the Website.
4.2 Empresa does not routinely monitor Content, but Empresa and its designees reserve the
right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. DELIVERY
OF E-MAIL
Empresa will attempt to deliver all of the e-mail that is addressed to Your e-mail address
on Empresa's Services. However, the nature of e-mail is such that Empresa cannot guarantee
delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold Empresa and its subsidiaries, affiliates, shareholders,
officers, directors, agents, licensors, suppliers, alliance members, other partners,
employees and representatives harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Your Content, Your use of
or connection to the Website (including any use by You on behalf of Your employer), Your
violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION
AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Empresa may provide notice to You via email, regular mail, or posting notices or links to
notices on the Website. Empresa reserves the right at any time to modify, suspend or
terminate the Services (or any part thereof), and/or Your use of or access to them, with
or without notice. Empresa may also delete, or bar access to or use of, all related
Information and files. Empresa will not be liable to You or any third-party for any
modification, suspension, or termination of the Services, or loss of related information.
Empresa may amend these Terms at any time by posting the amended terms on this Website.
8. ADVERTISEMENTS
AND PROMOTIONS
Empresa runs advertisements and promotions from third parties on the Website. Your
correspondence or business dealings with, or participation in promotions of, advertisers
other than Empresa found on or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. Empresa is not
responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such non-Empresa advertisers on the Website.
9. CONTENT
PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the Website. You acknowledge
and agree that Empresa is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
Empresa will not be responsible or liable, directly or indirectly, for any actual or
alleged damage or loss caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
9.2 AIIM content on the Website is the intellectual property of AIIM. Any copying,
republication or redistribution of AIIM content, including by caching, framing, or similar
means, is expressly prohibited without the prior written consent of AIIM. Data is provided
for information purposes only, and is not intended for trading purposes. AIIM shall not be
liable for any errors or delays in content, or for any actions taken in reliance thereon.
AIIM and the AIIM Logo are registered trademarks of the AIIM organizations around the world.
10. INTELLECTUAL
PROPERTY RIGHTS
10.1 Except as expressly authorized by Empresa or by Content providers, You agree not to
reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download,
transmit, or create derivative works of the Content of others, in whole or in part, by any
means. You must not modify, decompile, or reverse engineer any software Empresa discloses
to You, and You must not remove or modify any copyright or trademark notice, or other notice
of ownership.
10.2 "Empresa Trademarks" means all names, marks, brands, logos, designs, trade dress,
slogans and other designations Empresa uses in connection with its products and services.
You agree to comply with the Empresa Trademark and Logo Usage Requirements located at
http://www.empresasolutions.com/trademarks.
You may not remove or alter any Empresa Trademarks, or co-brand your own products or
material with Empresa Trademarks, without Empresa's prior written consent. You acknowledge
Empresa's rights in Empresa Trademarks and agree that any use of Empresa Trademarks by You
shall inure to Empresa's sole benefit. You agree not to incorporate any Empresa Trademarks
into Your trademarks, service marks, company names, Internet addresses, domain names, or
any other similar designations, for use on or in connection with computer or Internet-related
products, services or technologies.
10.3 Empreas is committed to respecting others' intellectual property rights, and we ask
our users to do the same. If You believe that Your work has been copied in a way that
constitutes copyright infringement on our Website, please contact us immediately.
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as
conferring any license to intellectual property rights, whether by estoppel, implication,
or otherwise. Permission is granted to display, copy, distribute and download Content owned
by Empresa on this Website provided that: (a) the copyright notice pertaining to the
Content remains, and a permission notice (e.g., "Used with permission") is added to such
Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such
Content will not be copied or posted on any networked computer or published in any medium,
except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission terminates automatically
without notice if You breach any of the terms or conditions in this Section 10.4. Upon
termination, You must immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER
OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE
WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS
PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. EMPRESA DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
THE WEBSITE.
11.2 EMPRESA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR
REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION
OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, EMPRESA IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE
WEBSITE, EVEN IF EMPRESA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN,
THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN
TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR
THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE
OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY.
13. EMPRESA'S
PRIVACY POLICY
You consent to the collection, processing and storage by Empresa of Your personal
information in accordance with the terms of Empresa's Privacy Policy, which is available at
http://www.sun.com/privacy.
You agree to comply with all applicable laws and regulations, and the terms of Empresa's
Privacy Policy, with respect to any access, use and/or submission by You of any personal
information in connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and Empresa relating to their
subject matter, and cancel and supersede any prior versions of the Terms. No modification
to the Terms will be binding, unless in writing and signed by an authorized Empresa
representative. You must not assign or otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms and conditions that may apply when
You use Empresa or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will
result in irreparable harm to Empresa for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise available at law, Empresa will
be entitled to equitable relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting of a bond or other security
if Empresa seeks such an injunction.
14.3 Arizona law and controlling U.S. federal law govern any action related to the Terms
and/or Your use of the Website. Choice of law rules of any jurisdiction and the United
Nations Convention on Contracts for the International Sale of Goods will not apply to any
dispute under the Terms. You and Empresa agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Maricopa, Arizona, U.S.A.
14.4 Services, Content, and product derived or obtained from this Website may be subject to
the U.S. export laws and the export or import laws of other countries. You agree to comply
strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or
import authorizations required by U.S. or your local laws; (b) not use Services, Content,
or direct product from this Website to design, develop or produce missile,
chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct
product from this Website to prohibited countries and entities identified in the U.S.
export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will
remain in full effect after termination or expiration of the Terms.
14.6 The Website may contain forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. Such forward-looking statements may include
statements regarding market expectations and opportunities, expectations about financials,
research and development and strategies, statements concerning Empresa's roadmaps, market share
growth, and product and service development and introduction, and our continuous evaluation
of the competitiveness of our product and service offerings. These forward-looking statements
are just predictions and involve risks and uncertainties. Actual results may differ materially
from results discussed in the forward-looking statements. Factors that may cause such a
difference include risks related to adverse changes in general economic conditions, failure
to reduce costs, lack of success in technical advancements, the timely development, production
and acceptance of new products and services, and Empresa's ability to compete in a highly
competitive and rapidly changing marketplace.
14.7 Any express waiver or failure to exercise promptly any right under the Terms will not
create a continuing waiver or any expectation of non-enforcement. If any provision of the
Terms is held invalid by any law or regulation of any government, or by any court or
arbitrator, the parties agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other provisions of the Terms
will remain in full force and effect.
Version 2.0.0
January 15, 2007
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