NOTE : PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEB SITE. Acceptance
of Contract Terms
The following comprises terms and conditions
("Terms") forming a legal agreement between
you and Hitachi Asia Ltd. ("Hitachi").
By accessing, browsing and/or using this Web Site
("Site"), you acknowledge that you have
read, understood and agreed without limitation or
qualification, to be bound by these Terms. If you
do not agree to these Terms, do not use this Site.
The communications and materials provided on this
Site are protected by law, including, but not limited
to, United States Copyright Law and international
treaties.
This Site is controlled, operated and administered
by Hitachi. Hitachi makes no representation or
any warranty that the communications and materials
in this Site are appropriate or available for
use whether within Singapore or in any other locations
out of Singapore. Any access to communications
and materials from territories where their contents
are illegal is prohibited. If you choose to access
this Site, you do so on your own initiative and
are responsible for compliance with applicable
laws.
Use Restrictions
All communications and materials available on
this Site, including but not limited to audio,
images, software, text and video clips ("Contents"),
are protected by applicable copyright laws and
international conventions. The copyright in all
Contents provided on this Site is held by Hitachi.
Any unauthorized use of the Contents may violate
copyright laws, trademark laws, the laws of privacy
and publicity, and civil and criminal statutes.
Hitachi maintains this Site for your personal
information, education, and communication only.
Hitachi authorizes you to view and grants you
a non-exclusive, non-transferable, limited right
to copy, display, distribute and download the
Contents at this Site only for your personal,
non-commercial use, provided that you do not modify
the Contents and retain all copyright and other
proprietary notices contained in the Contents.
Except as stated herein, none of the Contents
shall be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording,
or otherwise, or used for any public or commercial
purposes, without the prior written permission
of Hitachi.
For purposes of these Terms, any use of the Contents
on any other Web site or networked computer environment
for any purpose is prohibited. If you breach any
of the aforesaid terms, your authorization to
use this Site automatically terminates and you
must immediately destroy any downloaded or printed
Contents. You also may not, without Hitachi's
permission, "duplicate" any Contents
contained on this Site on any other server. Notwithstanding
anything to the contrary contained in this Site,
Hitachi neither warrants nor represents that your
use of Contents displayed on this Site will not
infringe rights of third parties not owned by
or affiliated with Hitachi.
Nothing in this Site is deemed to have granted
you any license to utilize the proprietary logos,
service marks and trademarks found on this Site.
Any use by you of the proprietary logos, service
marks and trademarks found in this Site constitutes
an infringement of any intellectual property rights
of Hitachi or its holding, subsidiary, related,
associated or affiliated companies, as the case
may be, therein and you hereby agree to indemnify
and keep Hitachi or its holding, subsidiary, related,
associates or affiliated companies indemnified
against all losses, damages, costs and expenses
whatsoever arising as a result thereof.
Use of Software
If you download any software from any sub site
within this Site ("Software"), use of
the Software is subject to the terms in the relevant
Software License Agreement that accompanies or
is provided with the Software. You shall not download
or install the Software until you have read and
accepted the terms of the Software License Agreement.
User's Communications
If you send any information, materials or other
communications transmitted or posted to this Site
by electronic mail or otherwise, including but
not limited to any comments, data, questions,
suggestions or the like ("Communications"),
all such Communications are, and will be treated
as, non-confidential and non-proprietary.
Hitachi shall be entitled but not obliged to
adapt, broadcast, distribute, change, copy, incorporate,
disclose, license, perform, post, publish, sell,
transmit or other wise use any Communications
including any concepts, ideas, know-how or techniques
contained therein, anywhere in the world, at any
point of time, in any medium and for any purpose
whatsoever, including but not limited to developing,
manufacturing and marketing products using such
Communications without any compensation to you.
You shall be deemed to have waived any rights
of claim pertaining to the use of such Communications
including but no limited to right of claiming
that such use violates any of your rights including
moral rights, privacy rights, proprietary or other
property rights, publicity rights, rights to credit
for Communications or ideas, or any other right.
You agree not to post, send, transmit, upload
or otherwise publish through this Site, any Communications
that (1) interfere with anyone else's use of this
Site; (2) are abusive, illegal, indecent, obscene,
pornographic, offensive or threatening in any
way; (3) are libelous, slanderous or any manner
defamatory (4) encourage any conduct that would
be considered a criminal offense or give rise
to civil liability law; (5) violate anyone's copyright
or other property right; (6) interfere with the
privacy of any other user; (7) contain a virus
or any other harmful component; or (8) contain
false or misleading statements of fact or descriptions
of the origin of the Communications. Hitachi shall
be entitled to fully cooperate with any law enforcement
authorities or court order requesting or directing
Hitachi to disclose the identity of anyone posting
such Communications. Hitachi reserves the right
to change, edit or remove any such Communications
or any other Communications which are unacceptable
or violate Hitachi's policies in any way.
Hitachi may, but is not obligated to, monitor
or review any areas on this Site where you transmit
or post Communications or communicate solely with
each other, including but not limited to chat
rooms, bulletin boards or other user forums, and
the content of any such Communications. Accordingly,
Hitachi assumes no liability or responsibility
in respect of the same.
Transmitted Communications
You understand and acknowledge that Internet transmissions
are never completely private or secure and that
any Communications transmitted or posted by you
to this Site may be read or intercepted by others
unless there is a special notice that a particular
message (for example, credit card information)
is encrypted (send in code). You also acknowledge
that Hitachi shall have no responsibility whatsoever
in respect of such Communications.
Links to Other Web Sites
This Site may contain links to other third party
Internet sites on the World Wide Web. However,
these links to such other third party Web sites
from this Site are provided solely for your convenience
only. At any point of time if you use these links,
you shall be deemed to have left this Site. Hitachi
has not reviewed all of these third party sites
linked to this Site and does not control nor is
responsible for any of these sites or their content.
Accordingly, Hitachi does not endorse, recommend
or make any representations or warranties in respect
of these sites or their content including but
not limited to any information, software or other
products or materials found there, or any results
that may be obtained from using them and are not
responsible for the same. Your linking to such
other third party Websites is solely at your own
risk and costs. For the avoidance of doubt, "other
third party Internet sites" shall mean any
Web site other than this Site.
Disclaimer
YOU HAVE USED THIS SITE SOLELY AT YOUR OWN RISK.
THIS SITE AND ALL CONTENTS MADE AVAILABLE ON OR
ACCESSED THROUGH THIS SITE ARE PROVIDED ON "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. Hitachi makes no representations
or warranties about the accuracy, completeness
or suitability of the Contents in this Site for
any purpose. Neither does Hitachi represents and
warrants that your use of the Contents in this
Site will not infringe any rights of third parties
not owned by or affiliated with Hitachi. The Contents
in this Site may be out of date and Hitachi makes
no commitment to update the Contents in this Site.
Hitachi may make changes to the Contents at this
Site, at any time without notice. The Contents
published at this Site may refer to products,
programs or services that are not available in
your country. Please consult your local Hitachi
business contact for information regarding the
products, programs and services in this Site that
may interest you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER INCLUDING BUT
NOT LIMITED TO HITACHI'S NEGLIGENCE, WILL HITACHI,
ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, ACCIDENTAL, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF
DATA OR PROFIT, ARISING OUT OF (1) THE USE, (2)
INABILITY TO USE, (3) THE RESULTS OF USE OF THIS
SITE AND ANY WEB SITES LINKED TO THIS SITE, (4)
THE CONTENTS CONTAINED IN THIS SITE AND ANY WEB
SITES LINKED TO THIS SITE, OR (5) ERRORS OR OMISSIONS
IN THE CONTENTS OF THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR OTHERWISE AND WHETHER
HITACHI, ITS SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED AT THIS SITE OR THEIR RESPECTIVE AUTHORIZED
REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR NOT. IF YOUR USE OF THE CONTENTS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU
ASSUME ALL COSTS THEREOF. IN SOME JURISDICTIONS,
THE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold Hitachi
and all of its agents, directors, officers, employees,
information and service providers and licensors
and licensees (collectively, "Indemnified
Parties") harmless from and against any and
all liability and costs (including, without limitation,
attorneys' fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out
of any breach by you of these Terms or the foregoing
representations, warranties and covenants. You
shall cooperate as fully as reasonably required
in Hitachi's defense of any claim. Hitachi reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you and you shall not in
any event settle any matter without the written
consent of Hitachi.
EXPORT CONTROL
You may not use or export or re-export the Contents
posted at this Site or any copy or adaptation
thereof in violation of any applicable export
control laws or regulations including without
limitation U.S. export laws and regulations.
CHANGE OF THESE TERMS OR CONTENTS OF THIS
SITE
Hitachi may add to, change or remove or otherwise
revise any part of these Terms or other terms
posted at this Site at any time, without notice.
Any changes to these Terms or any other terms
posted on this Site shall apply and be effective
as soon as they are posted at this Site. Hitachi
may add, change, discontinue, remove or suspend
any of the Contents posted on this Site, including
features and specifications of products described
or depicted on this Site, temporarily or permanently,
at any time, without notice and without liability.
By continuing to use this Site after any of the
aforesaid changes are posted, you are indicating
your acceptance of those changes.
Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms
located on particular pages at this Site.
You agree to comply with any additional terms
which are referred to on this Site or any sub
site within this Site.
These Terms together with the other terms posted
on this Site constitute the entire agreement between
Hitachi and you with respect to your use of this
Site. Any cause of action you may have with respect
to your use of this Site must be commenced within
(1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction
finds any provision of these Terms, or portion
thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible
so as to effect the intent of these Terms, and
the remainder of these Terms shall continue in
full force and effect.
Applicable Laws
These Terms are governed by and construed
in accordance with the laws of Singapore, without
giving effect to any principles of conflicts of
laws.
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