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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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