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Idiom Software Terms and Conditions

ENGLISH

IDIOM LIMITED

Terms and Conditions for Use of the IDIOM ‘Registered User’ Website [“Website”]

PLEASE READ THESE TERMS AND CONDITIONS [“AGREEMENT”] CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE.

  1. Intellectual Property.Title and intellectual property rights in and to any content displayed by or accessed through the Website belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to such content.

  2. Use of Data.You agree that IDIOM, its affiliates, parents and its subsidiaries may collect and use your personal data. By agreeing to register for the Website you are also agreeing to be joined to one or more IDIOM mailing lists and expressly permit IDIOM, its affiliates, parents or subsidiaries to send you emails. This process is done automatically when you register. Only IDIOM, its affiliates, parents or subsidiaries is permitted to send email to these lists. You further agree that any email to you from IDIOM, its affiliates, parents or subsidiaries shall not be deemed to be “spam”.

  3. Services.This registration may from time to time enable access to IDIOM services which offers downloads of content for sale and other services (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services may require you to accept additional terms of service, which will be presented to you before you can use such Services.

    Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that IDIOM is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. IDIOM does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that IDIOM is not in any way responsible for any such use by you.

    You agree that the Services, including but not limited to graphics, video clips, and editorial content, contain proprietary information that is owned by IDIOM and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to by trespass.

    IDIOM and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will IDIOM be liable for the removal of or disabling of access to any such Services. IDIOM may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  4. Termination.This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from IDIOM if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Website.

  5. Disclaimer of Warranties.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ANY INFORMATION PROVIDED THEREIN IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IDIOM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IDIOM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IDIOM OR AN IDIOM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  6. Limitation of Liability.TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IDIOM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IDIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    In no event shall IDIOM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  7. Controlling Law and Severability.This Agreement will be governed by and construed in accordance with the laws of the New Zealand.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. IDIOM makes no representation that information contained in the Website is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who download or otherwise acquire the Website do so on their own initiative and are responsible for compliance with all applicable laws.

  8. Complete Agreement; Governing Language.This Agreement constitutes the entire agreement between the parties with respect to the use of the Website licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by IDIOM. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.


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