Terms Of Use Notice
THIS SERVICE –ASUS WAVI Xtion Family Site (“SERVICE”) - IS HOSTED BY ASUSTEK COMPUTER INC. (“ASUS”). YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE NOTICE (“NOTICE”) AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “ACCEPT” BUTTON AND/OR CONTINUING TO INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING UPDATED VERSION.
1. Acknowledgement
- 1.1 YOU acknowledge that SERVICE will operate only on those hardware and software platforms specified in SERVICE documentation. It is YOUR responsibility to ensure that YOU have the appropriate software, hardware and internet connection to operate the then-current version of SERVICE. ASUS, in our sole discretion, may modify the SERVICE at any time without notice, may discontinue any service through SERVICE at any time without notice, and ASUS also reserve all rights to cease supporting any hardware or software platform at any time without notice.
- 1.2 YOU acknowledge that any content of the SERVICE is provided by third parties, and YOU also acknowledge that this SERVICE may enable access to third parties’ services and websites, YOU agree to enjoy such services and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties. YOU also acknowledge and agree that ASUS will be responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.
- 1.3 YOU acknowledge that nothing in the NOTICE gives YOU a right to use any of ASUS’s trademarks, service marks, product or service names, slogans, logos or images unless YOU have agreed otherwise in writing with ASUS.
- 1.4 YOU acknowledge that if YOU are found involving in alleged infringements for three times, YOUR access to the SERVICE may be terminated by ASUS in whole or in part.
- 1.5 YOU acknowledge that ASUS reserves the right to modify this NOTICE at any time, and each such modification shall be effective upon posting on the SERVICE. YOUR continued use of the SERVICE following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified NOTICE. It is therefore important that YOU read and visit this website at http://asus.lab.eps.tw/wavi/default.aspx on a regular basis to ensure YOU are updated as to the applicable NOTICE. If YOU do not agree to be bound by this NOTICE and to abide by all applicable law, YOU must discontinue using the SERVICE immediately.
- 1.6 YOU acknowledge that this NOTICE may reference other guidelines/notices provided by ASUS, and such referenced guidelines/notices shall constitute an integral part of this NOTICE.
2. Registration
- 2.1 YOU are required to provide true, accurate, current and complete information about YOURSELF if prompted and requested by a registration process. YOU may access and correct YOUR personal information at any time.
- 2.2 YOU may view and change YOUR registration information by logging in and editing YOUR account settings on ASUS website. For the security of YOUR account, YOU will be required to sign in with YOUR login ID and password. YOU are solely and entirely responsible for securing the confidentiality of YOUR password and user name and for any and all activities that occur under YOUR account.
3. License and Restriction
- 3.1 Subject to the terms of this NOTICE, ASUS hereby grants YOU a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to access or subscribe some of the SERVICE. Except for rights granted expressly herein, YOU acknowledge that all other rights remain with ASUS.
- 3.2 Any and all rights, including without limitation, in the SERVICE, are and shall remain the exclusive property of ASUS and/or its licensors. Nothing in this NOTICE intends to transfer any such rights, or to vest any such rights to YOU. With more aspects of protecting intellectual property right, please refer directly to ASUS Copyright Guideline.
- 3.3 No Removal of Notices: YOU agree that YOU will not remove, obscure, make illegible or alter any notices or indications of any rights and/or ASUS’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
4. Third Party Content
- 4.1 All title and intellectual property rights in and to any third party content that is not contained in the SERVICE, but may be accessed through use of the SERVICE, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
- 4.2 If YOU are aware of any actual or prospective infringement of any content of the SERVICE, or an infringement notification is required in accordance with applicable laws or regulations, please submit the notification to ASUS Legal Compliance Department , contact information of which is indicated on the last page of this NOTICE, ASUS will proceed corresponding procedure in accordance with applicable laws.
- 4.3 Upon receipt of an infringement notification from a copyright holder or its agent, ASUS will remove, disable YOUR access to or may take other actions to alleged infringing content or services in accordance with applicable laws. If YOU believe that such content or services were not infringing, YOU may submit a counter notification to ASUS Legal Compliance Department, contact information of which is indicated on the last page of this NOTICE, ASUS will proceed corresponding procedure in accordance with applicable laws.
5. Term and Termination
This NOTICE is effective until terminated by YOU or ASUS. YOUR rights to use the SERVICE will be terminated automatically without notice if YOU fail to comply with the terms and conditions mentioned in this NOTICE. Upon termination of this NOTICE, YOU shall cease all
6. Warranty Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, ASUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SERVICE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS NOTICE OR FOR THIS SERVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS SERVICE REMAINS WITH YOU. IN NO EVENT SHALL ASUS, ITS LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS NOTICE OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF ASUS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnity
YOU agree to defend, indemnify and hold harmless ASUS and its affiliates, SERVICE providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.
8. Privacy Policy
Due to respect to personal information, ASUS is committed to protecting and respecting YOUR privacy with ASUS Privacy Policy.
9. Governing Law
YOU agree that the NOTICE shall be governed by and construed in accordance with the laws and regulations of Republic of China, and ASUS’s various rules for this SERVICE.
For further information regarding this NOTICE and referenced guidelines, contact ASUS Legal Compliance Department by registered mail, facsimile, e-mail or phone at:
ASUSTeK Computer Inc.
Legal Affairs Center
Legal Compliance Department
Address: 15, Li-Te Rd., Taipei 112, Taiwan
Email: LegalCompliance@asus.com
Telephone: (886) 2 2894 3447
Fax: (886) 2 2890 7674
Updated May 31, 2010 by ASUS Legal Affairs Center