TERMS OF USE
These Terms of Use should
be carefully read before using the Eolss Publishers Co Ltd Worldwide Web pages
"DESWARE-Online". By using the DESWARE-Online Site you indicate your acceptance
of these Terms of Use. Please do not use the DESWARE-Online Site if you do not
accept these Terms of Use.
1. Responsibility for
Content
Eolss Publishers Co Ltd
accepts no responsibility or liability for any material which may reside in or
is accessed by the DESWARE-Online Site other than Eolss Publishers Co Ltd
information. Eolss Publishers Co Ltd has no responsibility with respect to
Other Sites and no affiliation with, endorsement of, or sponsorship by Eolss
Publishers be inferred. You may not upload post or transmit any illegal,
offensive, obscene or otherwise inappropriate material to the DESWARE-Online
Site.
2. Modification of Terms of
Use
Eolss Publishers Co Ltd
reserves the right to modify, change, add, or remove portions of these Terms of
Use at any time. These Terms of Use should be reviewed periodically for
changes. Your continued use of the DESWARE-Online following the notification of
changes to these Terms of Use will indicate your accept of all such changes.
3. Copyright and Proprietary
Rights
The DESWARE-Online Site is
the property of Eolss Publisher Co Ltd and is protected by United Kingdom and
International Copyright laws. All copyright, trademark and other proprietary
rights in the DESWARE-Online Site and in the text, graphics, audio, design
elements, and all other materials originated or used by Eolss Publishers Co Ltd
at their site are reserved to Eolss Publishers Co Ltd. You may not reproduce,
download, upload, post, transmit or distribute any part of the DESWARE-Online
other than printing or downloading portions of the text and images for your own
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices, you make no modifications to the materials. You may
not download quantities of materials to a database that can be used to avoid
future downloads from the DESWARE-Online Site. You may not modify the
DESWARE-Online Site or any material residing on the site. You may not use the
DESWARE-Online Site in any manner that infringes the rights of any person or
entity.
4. Exclusions of Warranties
No warranties of any kind
are made with respect to the Eolss Publishers Co Ltd Site or Eolss Publishers
Co Ltd Information. EOLSS PUBLISHERS CO LTD DO NOT WARRANT THAT THE
DESWARE-ONLINE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THE DESWARE-ONLINE OR THE SERVERS MAKING
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EOLSS
PUBLISHERS CO LTD EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. EOLSS PUBLISHERS CO LTD SHALL NOT BE
RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO
YOUR USE OF THE DESWARE-ONLINE, INCLUDING WITHOUT LIMITATION DATA LOSS OR
CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR
OTHERWISE.
5. Data Export
You agree that your use of
the DESWARE-Online will comply with all applicable laws, rules and regulations
that govern the export of data.
6. Links to Other Sites
Eolss Publishers Co Ltd do
not accept responsibility for the content or availability of other sites that
are accessed via links that may appear from time to time on the DESWARE-Online
site.
7. Destructive Devices
It is your responsibility
to take precautions to ensure that your computer and/or network is protected
from worms, viruses, Trojan horses, or any other devices with destructive
intent. In no event will Eolss Publishers Co Ltd be liable for any direct,
indirect, special, incidental or consequential damages to you from the use of
the DESWARE-Online.
8. Law, Jurisdiction and
Venue
The DESWARE-Online is
operated from our offices in Oxford, England, U.K. This Agreement shall be
governed by and construed in accordance with the laws of the Law Society of
England and Wales, without reference to any conflict of law principles. You
agree that any action at law or in equity arising out of or relating to these
Terms of Use shall be filed only in a court located in Oxford, England, U.K.
You further consent and submit to the personal jurisdiction of these courts for
the purposes of litigating any such action.
9. Compliance with Laws
Eolss Publishers Co Ltd
endeavors to ensure that the DESWARE-Online complies with the requirements of
the Law Society of England and Wales as well as the foreign laws of any country
where it is intended for the DESWARE-Online to be viewed. In the event that a
foreign country's law may not be fully satisfied, then Eolss Publishers Co Ltd
shall be deemed not to be directing the DESWARE-Online to that particular
country.
10. Indemnification
You hereby indemnify,
defend, and hold Eolss Publishers Co Ltd and our affiliates and our officers,
directors, employees, agents and representatives (collectively, the
"Indemnified Parties") harmless from and against any and all liabilities and
costs (including reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of this
Agreement. You shall use your best efforts to cooperate with Eolss Publishers
Co Ltd in the defense of any claim. Eolss Publishers Co Ltd reserve the right,
at their own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EOLSS PUBLISHERS CO LTD BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE DESWARE-ONLINE OR
MATERIALS OR FUNCTIONS ON THE DESWARE-ONLINE, EVEN IF EOLSS PUBLISHERS CO LTD
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE
LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EOLSS PUBLISHERS CO LTD TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY
THE LICENSEE, IF ANY, FOR ACCESSING THE DESWARE-ONLINE.
12. Limitation of Claims
The user must bring any
action on any claim against Eolss Publishers Co Ltd within six (6) months
following the date the claim first accrued, or it shall be deemed waived.
13. General Provisions
If any of these Terms of
Use shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any remaining provisions.
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