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Terms of Use

Last Updated: 21/01/2014

1. Introduction

Welcome to Uniblue.com. These Terms of Use constitute and govern the contractual relationship between Uniblue Systems Ltd and You as a user of the Website. By using and/or visiting the Uniblue Website, You signify Your consent to (i) abide to these Terms of Use; (ii) Uniblue's Privacy Policy; (iii) any other guidelines, rules and policies which may be posted and updated on the Website from time to time. All such guidelines, rules and policies are incorporated by reference into these TOU.


2. Definitions


"Content" means all the text, information, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Intellectual Property Rights contained therein;

"EULA" means the end user license agreement under which the Uniblue Product(s) are made available;

"Intellectual Property" or "Intellectual Property Rights" mean copyright, database rights, trademarks, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether capable of being registered or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof and includes trademarks owned by Uniblue;

"Terms of Use" or "TOU" mean these terms and conditions by which access and use of the Website is regulated;

"Uniblue" means Uniblue Systems Ltd, a limited liability company registered in Malta under company registration number C32567 with its registered office at Uniblue, Dun Karm Street, B'Kara By-Pass, Birkirkara BKR 9037, Malta, the owner of the Website;

"Uniblue Product(s)" means the software product(s) owned or duly licensed by Uniblue;

"User" or "You" means any person visiting, accessing or making use of the Website;

"Website" means the Uniblue website located at www.uniblue.com and all other websites connected to it and accessible through links or other access paths and the services available through such websites.


3. Ownership


3.1 All Content shown on the Website (including its organization and presentation) is owned by Uniblue or licensed from third parties and subject to copyright and other Intellectual Property Rights. You may retrieve and display Content from the Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for Your own personal, non-commercial use. All other usage is precluded unless Uniblue's prior written consent is obtained. All other intellectual property that appears on the Website and is not owned by Uniblue is the property of its respective owner, who may or may not be affiliated with, connected to, or sponsored by Uniblue.


4. Uniblue Products


4.1 All Uniblue Products are the copyrighted works of Uniblue or its suppliers. These TOU do not apply to the purchase or use of the Uniblue Products. The use of any Uniblue Product is subject to the applicable EULA under which it is made available. You will be unable to install any Uniblue Product unless You first agree to the terms and conditions of the EULA. The EULA terms for each Uniblue Product are available for review here.

4.2 Uniblue Products are only sold through resellers or distributors who do so in their own name and under their own terms and conditions. Any purchases initiated from this Website will be concluded with one of our trusted third party retailers in accordance with the retailers’ terms and conditions. You are therefore advised to review such terms prior to purchase.

4.3 Uniblue Products are offered for purchase from this Website as digital products which need to be activated by You by inputting the serial number or code made available to You upon purchase. A physical CD version may be made available for purchase separately upon request, at Uniblue’s sole discretion.


5. User Conduct and User Feedback


5.1 You represent and warrant that You are of sufficient legal age to access and use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.

5.2 You may link to the Website provided that You comply with the following:

i) You do not create a frame, browser or border around the Content of the Website;
ii) You do not misrepresent Your relationship with Uniblue or imply that it is endorsing You or Your products or services; and
iii) You do not link from a website that:
  • is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
  • is hateful, harassing or abusive by intent or otherwise;
  • is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
  • is defamatory, libelous or deceptive about any person, organization or product;
  • is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
  • is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
  • unfairly criticizes or misrepresents others;
  • is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
  • plagiarizes or is in breach of copyright, trademarks, trade secrets and/or other personal or property rights of any other third party or in violation of any terms of use of any website;
  • constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
  • contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
  • constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause Uniblue to violate any applicable law or regulations; or
  • is likely to create any liability (whether criminal or civil, and whether for You or Uniblue); and

iv) You agree that Uniblue reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to Uniblue's rights.

5.3 If You choose to communicate to Uniblue any feedback, ideas or suggestions for improvement of the Website or any other product and/or service offered by Uniblue ("Feedback"), Uniblue shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to Uniblue is not subject to any license or any other third party right.


6. Personal Information


6.1 Any personal information we collect from You is processed in accordance with Uniblue's Privacy Policy.


7. Indemnification


7.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD UNIBLUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS AND OTHER PARTNERS (COLLECTIVELY, "UNIBLUE INDEMNITEES") HARMLESS, IN FULL AND IN PERPETUITY AGAINST ANY THIRD PARTY LIABILITIES, CLAIMS, COSTS, EXPENSES, OBLIGATIONS, LOSSES OR DAMAGES, INCLUDING CONSEQUENTIAL LOSS THAT MAY ARISE FROM I) YOUR UNAUTHORISED USE OF MATERIAL OBTAINED THROUGH THE WEBSITE; II) YOUR BREACH OF THESE TERMS OF USE; III) YOUR USE AND ACCESS TO THE WEBSITE; IV) ANY OTHER VIOLATION, ALLEGED OR ACTUAL, OF ANY THIRD PARTY RIGHT. YOU ARE SOLELY RESPONSIBLE FOR DEFENDING ANY SUCH CLAIMS, AND FOR PAYMENT OF LOSSES, COSTS, DAMAGES OR EXPENSES RESULTING FROM THE FOREGOING TO BOTH A THIRD PARTY AND TO THE UNIBLUE INDEMNITEES IN CONNECTION THEREWITH. YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF UNIBLUE, SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOULTION OF ANY CLAIM (WHETHER HAVING BEEN FINALLY ADJUDICATED OR OTHERWISE) BROUGHT AGAINST YOU, IF SUCH SETTLEMENT OR RESOLUTION RESULTS IN ANY OBLIGATION OR LIABILITY FOR ANY UNIBLUE INDEMNITEE. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TOU AND YOUR ACCESS AND/OR USE OF THE WEBSITE.


8. Disclaimer


8.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT ANY USE OF THE WEBSITE AND/OR THE CONTENT WILL BE AT YOUR OWN RISK. UNIBLUE GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT, NOR THAT ACCESS TO SUCH WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY OR SAFE IN ANY MANNER. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIBLUE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. UNIBLUE STRONGLY RECOMMENDS THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.

8.2 This Website may contain links to third party websites that are not owned or controlled by Uniblue. Uniblue has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner, advertising or other promotional material, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and Uniblue shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.

8.3 Uniblue operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.


9. Limitation of Liability


9.1 IN NO EVENT SHALL UNIBLUE, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF UNIBLUE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 IN ANY EVENT, AND WITHOUT PREJUDICE TO THE ABOVE, UNIBLUE'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY PART OR ALL OF THE WEBSITE, THE CONTENT OR USER MATERIAL IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO A HUNDRED ($100) UNITED STATES DOLLARS.

9.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, UNIBLUE'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


10. Miscellaneous


10.1 These TOU and all other guidelines, rules and policies incorporated by reference constitute the entire agreement between You and Uniblue relating to their subject matter and cancel and supersede any prior agreements between You and Uniblue in relation to the Website. You acknowledge that You have read these TOU, understand them and agree to be bound by them. By Your continued use of the Website, You affirm Your willingness to be bound by these terms so if You do not agree with any of the terms of these TOU including the afore-mentioned guidelines, rules and policies, You should exit the Website, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Website in the future. You may also be subject to additional terms and conditions that may apply when You use Uniblue Products or third-party products or services.

10.2 If any part of these TOU is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these TOU will not be affected.

10.3 These TOU are governed by the laws of Malta, and subject to the non-exclusive jurisdiction of the Maltese Courts. Uniblue shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.

10.4 Rights and obligations under these TOU which by their nature are intended to survive termination, including without limitation the indemnification and limitation of liability provisions, will remain in full effect after termination or expiration of these TOU.

10.5 Any express waiver or failure to exercise promptly any right under these TOU by Uniblue shall not create a continuing waiver or any expectation of non-enforcement. Failure to comply to these TOU may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.

10.6 Uniblue may amend these Terms of Use, and any guidelines, rules and policies from time to time, and You agree to be bound by such amendments. Continued access to this Website will constitute Your acceptance of any changes to the TOU, so it is Your responsibility to review these TOU on accessing the Website. Each version of these TOU will be identified at the top of the page by its effective date. If You do not agree to any modification to these TOU, You must immediately stop using this Website. TOU amendments shall not apply retrospectively to pre-existing disputes.

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