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Ownership of Site; Agreement to Terms of Use These Terms and Conditions of Use (the "Terms of Use") apply to the Wizcomtech website located at www.wizcomtech.com, and all associated sites linked to it by Wizcomtech, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Wizcomtech Ltd. ("Wizcom") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Wizcomtech reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes prior to each visit to or use of this Site and your continued use of the Site means that you accept and agree to any changes to the Terms of Use. As long as you comply with these Terms of Use, Wizcomtech grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Content
All information, text, photographs, picture images, graphics, user interfaces, links, visual interfaces, audio and video clips, trademarks, logos, sounds, music, format, layouts and data structure, computer code and any other content on this site (collectively, "Content"), including but not limited to the design and "look and feel" of such Content, contained on the Site is owned, controlled or licensed by or to Wizcomtech. The images or pictures of Wizcomtech products, people or places are either property of, or used with permission by, Wizcomtech. The Content is protected in different countries by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws and proprietary rights laws. No part of the Site and no Content may be copied, reproduced, publicly displayed, encoded or distributed in any way to any other computer, server, Website or other medium, without Wizcom's express prior written consent. Unauthorized use of the materials displayed on this Site may violate copyright, trademark, privacy, publicity and/or communications laws and regulations. Trademarks
Wizcomtech InfoScanTM, QuickLink-Pen®, Quicktionary®, ReadingPen®, Wizcomtech SuperPen and other Wizcomtech product names, logos, commercial symbols, trade names and slogans are trademarks of Wizcomtech and/or its related companies and are protected by local and international trademark laws. You are prohibited from using any of the marks appearing on this Site without the express prior written consent of Wizcomtech, except as permitted by applicable laws. The other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with Wizcomtech and/or its related companies and are the property of their respective companies. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Site without the written permission of Wizcomtech or the third party that may own the trademark, service mark or trade name at issue. Wizcomtech prohibits, without prior Wizcomtech written consent, the use of any Wizcomtech logo or mark as a hyperlink to this Site or any other Wizcomtech Website. Your Use of the Site You may not use any means, manual or other, not purposely made available through the Site, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way obtain any materials, or information from the Site. Wizcomtech reserves the right to bar any such activity. You may not breach the security or authentication measures, attempt to gain unauthorized access by any illegitimate means, to any part of the Site, or any other systems or networks connected to the Site or to any Wizcomtech server, or to any of the services offered on the Site. You may not trace any information connected to the Site or its visitors, or exploit the Site or any service or information made in connection to it. You agree that you will not take any action or to use any means to interfere or attempt to interfere with the proper working of the Site. You may not by any means manipulate identifiers in order to disguise the origin of any message or transmittal you send to Wizcomtech on or through the Site. You may not impersonate or represent any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wizcomtech or others. Purchases; Other Terms and Conditions Additional terms and conditions or policies may apply to the use of the Site and to purchases of goods or services and to specific portions or features of the Site, including promotions or other features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall prevail with respect to your use of that portion of the Site or the specific service. Wizcom's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Wizcomtech may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Wizcomtech makes no commitment to update the materials on the Site with respect to such products and services. Accounts, Passwords and Security Certain features or services offered on or through the Site may require you to open an account (including setting up a Wizcomtech ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Wizcomtech immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Wizcomtech or any other user of or visitor to the Site due to someone else using your Wizcomtech ID, password or account. You may not use anyone else's Wizcomtech ID, password or account at any time without the express permission and consent of the holder of that Wizcomtech ID, password or account. Wizcomtech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Privacy Wizcom's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Wizcom's Privacy Policy, please Press here. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Links to Other Sites and to the Wizcomtech Site This Site may contain links to other independent third-party Websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Wizcom's control, and Wizcomtech is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Disclaimers THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. Wizcomtech DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Wizcomtech CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Wizcomtech DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Wizcomtech DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Wizcomtech SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Wizcomtech FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused among others by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Wizcomtech reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Limitation of Liability Except where prohibited by law, in no event will Wizcomtech be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Wizcomtech has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Wizcomtech is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Wizcom's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Wizcomtech (but not including the purchase price for any Wizcomtech hardware or software products), or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. Indemnity You agree to indemnify and hold Wizcomtech, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Wizcomtech by any third party due to or arising out of or in connection with your use of the Site. Violation of These Terms of Use Wizcomtech may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with Wizcom's rights or property, or the rights or property of users of the Site, including Wizcom's customers. Wizcomtech reserves the right at all times to disclose any information that Wizcomtech deems necessary to comply with any applicable law, regulation, legal process or governmental request or when Wizcomtech determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Wizcomtech may preserve any communication made by you with Wizcomtech through the Site or any service offered on the Site, and may also disclose such data if required to do so by law or if Wizcomtech determines that such disclosure is reasonably necessary to comply with legal process and any claim of violation of rights, enforce these Terms of Use, or protect the rights, property or personal safety of Wizcomtech, its employees, users of the Site, and the public. You agree that Wizcomtech may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or any other policy or guidelines connected to your use of the Site. You also agree that any of the said violations by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Wizcomtech, for which monetary damages would be inadequate, and you consent to Wizcomtech obtaining any injunctive or equitable relief that Wizcomtech deems necessary in such circumstances. These remedies are in addition to any other remedies Wizcomtech may have at law or in equity. If Wizcomtech does take any legal action against you as a result of your violation of these Terms of Use, Wizcomtech will be entitled to recover from you, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Wizcomtech. You agree that Wizcomtech will not be liable to you or to any third party for termination of your access to the Site as above described. You agree that Wizcomtech may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, discontinuance or material modification of the Site or any service offered on or through the Site, or unexpected technical issues or problems. Governing Law; Dispute Resolution This License shall be governed by and construed in accordance with the substantive laws of the state of Israel, notwithstanding your actual place of residence. The exclusive venue for all litigation regarding or arising out of this License shall be in Israel and you agree to submit to the jurisdiction of the competent courts in Tel Aviv Israel for such litigation. The United Nations Convention on the International Sale of Goods does not apply to this License. Miscellaneous You may not use or export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation any export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Wizcomtech with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Wizcomtech with respect to such use are hereby superseded and cancelled. Wizcom's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Wizcomtech of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Wizcomtech and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Wizcomtech shall be free to use such information on an unrestricted basis. The information contained in this website is subject to change without notice.
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