ATESE reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the ATESE Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms, together with any additional terms to which you agree when using particular elements of the ATESE Websites, constitute the entire and exclusive and final statement of the agreement between you and ATESE with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ATESE with respect to such subject matter. These Terms and the relationship between you and ATESE shall be governed by the Greek laws as applied to agreements made, entered into and performed entirely in Greece by Greek residents, notwithstanding your actual place of residence. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ATESE Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or ATESE. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ATESE without restriction.
Use of Software
To the extent that ATESE provides for the download of proprietary ATESE software or open source software from ATESE’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either ATESE or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
ATESE reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of ATESE will be collectively referred to as “ATESE Marks.”
The ATESE Marks are highly valued intellectual property, and therefore ATESE will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to ATESE Marks or which are likely to cause confusion with ATESE Marks.
No employee or other representative of ATESE is authorized to grant permission to use ATESE Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to ATESE Marks by a ATESE employee in the absence of a formal written agreement cannot be relied upon.
ATESE does not object to the use of the ATESE Marks (other than logos) to refer specifically to the products of ATESE. However, a purely referential use or nominative fair use of the ATESE Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
Linking To ATESE Websites
Linking to the ATESE Websites (including an internal or subsidiary page of any website comprising a part of the ATESE Websites) must be approved in writing by ATESE, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of an ATESE Website;
- does not utilize an ATESE logo;
- does not use framing of an ATESE Website;
- does not misrepresent an affiliation or other relationship with ATESE;
- does not misrepresent any possible endorsement by ATESE;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by ATESE.
Except where otherwise specified, the contents of the ATESE Websites are copyright (c) 1998-2011 ATESE S.A., Syggrou ave. 80-88, Athens, PC 11741,Greece. All rights reserved.
The contents of the ATESE Websites are subject to protection under Greek, EU and foreign copyright laws. You may not copy or distribute any portion of the ATESE Websites, except as necessary to view the ATESE Websites.
Please direct any questions or comments to ATESE
Links to Third Party Sites
Links on the ATESE Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the ATESE Websites. ATESE does not endorse or make any representations about such third party websites, and ATESE is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. ATESE does not control those websites, and ATESE is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
ATESE protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of ATESE software without permission from ATESE is software piracy. ATESE distributes and sells its product through a channel network of distributors and resellers worldwide. ATESE does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained ATESE software through one of these avenues, you likely will find yourself with pirated software. Please contact ATESE here for assistance with your own or another’s unauthorized use of ATESE software.
ATESE also understands that some customers may have challenges with managing their software licenses. In these instances, ATESE’s License Compliance team may assist by reviewing deployment records and reconciling them with ATESE’s internal entitlement records. The goal of this program is to educate ATESE’s customers on the terms of their licenses with ATESE and to bring the entitlement records in line with usage. Please contact ATESE’s License Compliance team with questions or issues about your company’s usage at firstname.lastname@example.org.
You agree to indemnify, defend and hold harmless ATESE, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the ATESE Websites or violation of these Terms. ATESE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ATESE’s defense of such claim, and in no event may you agree to any settlement affecting ATESE without ATESE’s written consent.
When you visit the ATESE Websites or send e-mails to ATESE, you are communicating with ATESE electronically. We may respond to you by e-mail or by posting notices on the ATESE Websites. You agree that all such notices, disclosures and other communications that ATESE provides to you electronically satisfy any legal requirement that such communications be in writing.
Information on the ATESE Websites is not promised or guaranteed to be correct, current or complete, and the ATESE Websites may contain technical inaccuracies or typographical errors. ATESE assumes no responsibility (and expressly disclaims responsibility) for updating the ATESE Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ATESE Websites. ATESE provides no assurances that any reported problems will be resolved by ATESE, even if ATESE elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE ATESE WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ATESE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ATESE MAKES NO WARRANTY THAT THE ATESE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE ATESE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL ATESE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ATESE WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ATESE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.