1. Acceptance of Terms of Use; Revisions
These Swip Systems Web Site Terms of Use ("Terms of
Use") shall apply to all persons who use or visit a
Swip Systems web site ("Site"). By using or visiting
this Site, you acknowledge that you have read,
understood, and agree to be legally bound by these
Terms of Use both now and in the future. These Terms
of Use constitute a legally binding agreement between
you and Swip Systems. If you are not willing to be
bound by these Terms of Use, do not use this Site.
Swip Systems reserves the right to change or revise
the Terms of Use at any time in its sole discretion.
You will be bound by any such revisions so you should
visit this page periodically to become familiar with
any such revisions.
2. Content Notice; Disclaimer of Warranties
The materials on this site are provided "AS IS" and
without warranty of any kind whatsoever, whether
express, implied or statutory (including, but not
limited to, any implied warranties of merchantability,
fitness for a particular purpose or noninfringement
as well as any which arise from a course of dealing,
course of performance, usage or trade practice).
Swip Systems specifically disclaims all such
warranties to the fullest extent permitted by law.
Swip Systems does not warrant or represent that the
materials on this site are accurate or reliable or
that the materials are free from errors or viruses.
Swip Systems assumes no responsibility for and
disclaims all liability for any errors or omissions
in the materials appearing on the site or in
materials which are referred to within the site or
other web sites which are linked to this site
(including any results arising from the use of this
site). Swip Systems shall have the right to change
this site or any products or services referred to in
it at any time without notice.
3. Rights to Materials Appearing on the Site and
Limited License to Use
a. All materials appearing on this Site are protected
by law, including, but not limited to, United States
Copyright Law and international treaties. All material
appearing on this Site is copyrighted by Swip
Systems or the original creator of the material.
Swip Systems or the original creator reserve all
rights to the materials. Except as may be specifically
stated otherwise in other materials on this Site or
in the limited license set out in paragraph 3 b,
below, you may not copy, reproduce, distribute,
display, download, republish, post or transmit any
materials in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written
permission of Swip Systems or the owner of the
copyright. In addition, you may not create any
derivative works of any materials without
Swip Systems’ prior written consent. Also, you may
not "mirror" any material appearing on this Site on
any other server, without Swip Systems’ written
permission.
b. Swip Systems grants you the limited license to
view, copy, print and distribute the materials on
this Site for personal, non-commercial use only,
provided you do not modify the materials and that
you retain all copyright and other proprietary
notices contained in the materials. Swip Systems
grants you a limited license to use the materials on
this site to operate Swip Systems products, however
you may not transfer the materials to third parties
without Swip Systems’ prior written consent. This
license will terminate automatically if you breach
any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded and
printed materials. Unauthorized use of any material
appearing on this Site may violate intellectual
property rights or other rights of Swip Systems or
others. Some materials may contain other proprietary
notices and copyright information which applies to
those materials.
c. Except as explicitly stated above, nothing on the
Site shall be construed as conferring, by
implication, estoppel or otherwise, any right or
license under any patent, trademark, copyright, moral
right or any other intellectual property right of
Swip Systems or any third party.
d. U.S. Government Restricted Rights. The materials
appearing on this Site are provided with "RESTRICTED
RIGHTS." Use, duplication, or disclosure by the U. S.
Government is subject to any restrictions set forth
in DFARS 252.227-7013, FAR 52.227-14 and FAR
52.227-19 (or the successors thereto) and any other
applicable laws and regulations. By using any of the
materials the U. S. Government acknowledges
Swip Systems’ rights in them.
4. Compliance with Laws
In using or accessing this Site, you agree to comply
with all applicable federal, state and local laws
and regulations. Materials appearing on this Site are
subject to the export control laws and regulations of
the United States and may also be subject to the laws
of the country in which you reside. Swip Systems
specifically prohibits access to the materials on this
Site from locations where it is illegal to obtain
such access. Anyone who accesses this Site from
locations outside the United States does so on their
own initiative and is responsible for compliance with
applicable local laws.
This Site is controlled and operated by Swip
Systems from its offices within the United States.
5. Disclaimer and Limitation of Liability
In no event shall Swip Systems be liable for any
direct, indirect, special, consequential or
incidental damages of any kind, including but not
limited to, loss of data or profit, loss of business
opportunity or loss of potential savings, arising out
of the use, the inability to use, or reliance upon any
materials appearing on this Site. This limitation of
liability shall apply even if Swip Systems or any of
its employees, officers, directors or agents has
been advised of the possibility of such damages and
even if any remedy available to you fails of its
essential purpose. This limitation of liability
applies regardless of whether the action is based on
contract or tort (including negligence and strict
liability). Some states do not allow the
exclusion or limitation of incidental or consequential
damages, so the above limitation on such damages may
not apply to you. This Site may refer to certain
non-Swip Systems products or services. Any such
references are for information purposes only and do
not constitute an endorsement or recommendation of
such products or services.
6. Trademarks
The trademarks, service marks, and logos (the
"Trademarks") used and displayed on this Site are
the registered and unregistered Trademarks of
Swip Systems or third parties. Nothing on this Site
should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use
any Trademark displayed on the Site, without the
written permission of Swip Systems or the Trademark
owner.
You may not use the Swip Systems logo or name or
any Swip Systems trademark as a "hot" link unless
you have obtained written permission from
Swip Systems before creating the link.
7. User Feedback
Any feedback, idea or other information
("Information") that you provide or transmit to or
post on this Site by any means will be considered as
non-confidential and non-proprietary.
Swip Systems will have no obligation to protect any
such Information, and Swip Systems may use it or
disseminate it for any purpose whatsoever, including,
but not limited to, the development and
marketing of products or services.
8. Prohibited Uses
You are prohibited from transmitting, uploading, or
posting to or from this Site any information or
material that is profane, obscene, pornographic,
threatening, abusive, libelous, defamatory, or
otherwise illegal or any other material that may
cause any civil liability. You are also prohibited
from transmitting, uploading or posting any
material that contains any virus or similar device.
9. Links to Other Web Sites
This Site may contain links to web sites controlled
or maintained by other persons or companies.
Swip Systems provides these links solely for your
convenience and Swip Systems does not endorse the
linked sites in any manner. Swip Systems will not
be liable or responsible for the accuracy or
reliability of any information appearing on those
web sites.
10. Availability of Products and Services
This Site may contain information regarding products
or services which are not available in your country.
Your local Swip Systems sales representative can
provide you with information regarding which products
and services are available in your country.
11. Confidential Information and Privacy
Notwithstanding the foregoing, all personal data
you provide to Swip Systems through this Site will
be handled in accordance with Swip Systems’ Online
Privacy Policy.
12. Use of Secure Areas of the Site
Certain portions of the Site may be accessible only
through the use of passwords or other security
devices. Only authorized users may access or use
such portions of the Site. Use of such portions of
the Site by unauthorized persons or unauthorized
use by authorized users shall constitute a material
violation of these Terms & Conditions and may
constitute a crime.
13. Software License Terms
If you download any software from the Site, the
software will be governed by the terms of the
software license agreement that is included with the
downloaded software.
14. Remedies
If you violate these Terms of Use, Swip Systems
shall have the right to seek all legal and
equitable remedies available.
15. Applicable Law
This Site is maintained by Swip Systems from its
offices in the U.S.A. Any
claim relating to, and the use of, this Site and the
materials contained herein shall be governed by the
laws of the state of Illinois, USA.
16. International Use
This publication is distributed internationally and
may contain references to Swip Systems
Incorporated products, programs and services that
have not been announced in your country. These
references do not imply that Swip Systems
Incorporated intends to announce such products,
programs or services in your country.
17. Complete Agreement
These Terms of Use and the terms of any documents
linked to herein constitute the entire agreement
between the parties and supersede all prior
discussions, statements, agreements, negotiations or
otherwise regarding the subject matters addressed
herein.
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