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These Terms and Conditions of Use (the “TOUs”) set forth the terms and conditions for your use of the Ergon IV website (the “Site”) and your use of the reader software (including any associated documentation and any updates to that software) and the digital content that we make available for download from the Site ("Licensed Content" also known as "Products"). These TOUs also apply to any of the services accessible through our Site (the “Services”), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Site and the Products are operated by Ergon IV (“Ergon IV,” also “we,” “our,” and “us”).
You agree with and accept these TOUs as a condition of your use of the Site and Products. If you do not agree with the terms of these TOUs, do not access or use the Site or Products. We reserve the right to change these TOUs from time to time. Users of the Site are advised to please refer back to these TOUs periodically to review any changes we may make from time to time. Users of Products will be notified with the TOUs being displayed on-screen or with a link to the updated TOUs when you next start the Software or download new Licensed Content, although no such changes will apply retrospectively. You warrant to us that you have the authority to enter into an agreement with us on the terms of these TOUs.
These TOUs were last updated on March16, 2019.
We grant you a limited, non-exclusive, non-transferable license to access the Site and any Product for your personal use only. Any commercial use, use in violation of these TOUs, or use for data collection and/or profit is not allowed.
You may retrieve and display content from the Site or any Product on a computer or other device, print and copy individual pages and, subject to the next section, store such pages in electronic form on that device. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link ("Other Terms").
You must only use the Site or Product and anything available from the Site or a Product for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
Products may only be downloaded, accessed and used on a computer or other device owned or controlled by you and running the relevant operating system for which the Product concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Product you wish to download and to access and use each downloaded Product.
You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to download any Product to that device. You accept responsibility, in accordance with these TOUs, for all access to, and use of, any Product by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for any mobile device to which you download, or on which you access or use, any Product may charge for internet access on that device.
We may, from time to time, restrict access to certain features, parts or content of the Site or a Product, or the entire Site or Product, to users who have registered with us. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date. You agree that Ergon IV may, at any time and with or without prior notice, remove Licensed Content from the Service or Site if we determine, in our sole discretion, that we do not possess the appropriate or necessary rights to provide you with access to such Licensed Content.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these TOUs or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Site, Services or any Product or that any Site or Product content will respond at a certain speed (since this depends on a number of factors outside our control). Specific service level agreements between Ergon IV and an institution or other business entity may be a part of another agreement, and such an SLA would not be bound by this paragraph.
We reserve the right to withdraw or suspend the operation of any Product or the Site, with or without notice to you, if we need to do so for security or legal reasons.
Payment for all orders must be made by credit or debit card via the checkout page. We use a reputable third party payment services provider to take payment. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
The relevant download will be made available immediately when payment is authorized and you acknowledge that this is the case and that, therefore, you will have no right to change your mind (sometimes known as a ‘cooling off’ right) once the download has started.
Where you pay to download any paid-for Licensed Content, we warrant that it will, when downloaded, substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
What you are not allowed to do
All rights granted to you under these TOUs will terminate immediately in the event that you are in breach of any of them.
To do anything with any Product that is not expressly permitted by these TOUs, you will need a separate license from us. Please contact us, using the Contacting us details at the end of these TOUs.
Use of your personal data submitted to us (via our Site or any Product) is governed by our Privacy Policy and Cookies Notice, which is expressly made part of these TOUs. If you have not already read our Privacy Policy and Cookies Notice, you should do so now.
We license, but do not sell, to you any Product you download. We or the licensors of the Licensed Content remain the owners of all Products at all times.
All intellectual property rights in any content of the Site, the Licensed Content, and in each Product and its content (including text, graphics, photographs and other materials, images, videos and audio) (collectively, “Content”), other than Your Content, are owned by Ergon IV or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Site or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these TOUs gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Site or any Product or any of its content.
In the event you print off, copy or store pages from the Site (only as permitted by the “License and Use” section of these TOUs), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Content
We may change the format and Content of the Site from time to time without notice. We reserve the right to change the design, features and/or functionality of any Product or Service by making the updated Product or Service available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Product or Service, but we may cease to provide and/or update content to prior versions of any Product or Service and, depending on the nature of the update, in some circumstances you may not be able to continue using a Product or Service until you have downloaded the updated version.
Since electronic services are subject to interruption and breakdown, you agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. You also agree that downloading, accessing and use of any Product or Service is on an 'as is' and 'as available' basis and at your sole risk.
We may, but are not obliged to, make updates available to any Product or Service or its content and we may cease to make such updates available at any time, with or without notice to you.
Parts of the Site, Product or Service may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate inquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content on the Site or in a Product or Service.
Neither we nor our licensors can guarantee that any content of the Site or any Product or Service and its content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Site, Products or Service will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Site, any Product or Service.
Ergon IV makes available Products for download by you through the Site. Prices are displayed with the applicable Product. Prices and availability of all Products are subject to change at any time without notice before we accept your order. Prices may or may not be inclusive of applicable sales, use, or other taxes; however, such taxes shall be identified, calculated and collected at the point of sale. A confirmation email will be provided after the checkout for each order. We are not responsible for any interruption to or failure in any communication or process, howsoever caused, which results in an order, or in any payment or payment details not being received or processed by us. A payment will be regarded as received when we are able to credit or transfer the amount required into our designated bank account. Products and their download are subject to these TOUs.
You must be 13 years of age or older to download any product from the Site. While individuals under the age of 13 may use any product, they may do so only with the involvement, supervision, and approval of their parent or legal guardian or at the direction of their school instructors and administrators.
The Site and certain Products may, from time to time, include links to external sites or applications owned, operated or produced by third-party organizations independent of us, which may include links to third party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.
Certain tools, devices, software programs or other features available on or through the Site or Products may be provided by third parties. These tools are provided or made available as a convenience to you. These tools are not owned or operated by us and we are not responsible for examining the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these tools.
Nothing in these TOUs is intended to limit or exclude our liability to you or the liability of our licensors to you:
Subject to the above (including Your Consumer Rights), in no event shall we or our licensors be liable to you for:
If you suffer any loss in connection with the Site or Product, you must take all reasonable steps to minimize your loss, including notifying us without delay if there are steps we can take to help minimize your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Product in respect of which the liability arises.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ERGON IV AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE ERGON IV PRODUCT. IN ALL EVENTS, ERGON IV'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR REPAIR OF THE MEDIA ON WHICH THE ERGON IV PRODUCT IS PROVIDED OR A REFUND OF THE PURCHASE PRICE PAID FOR THE ERGON IV PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
EXCEPT AS SET FORTH HEREIN, THE ERGON IV PRODUCTS ARE FURNISHED BY ERGON IV TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED BY ERGON IV AND ITS LICENSORS. NO REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE VST PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.
You may not transfer or assign any or all of your rights or obligations under these TOUs.
All notices given by you to us must be given in writing to the address set out at the end of these TOUs.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these TOUs is found to be unenforceable, all other provisions shall remain unaffected.
These TOUs may not be varied except with our express written consent.
These TOUs and the Other Terms represent the entire agreement between you and us in relation to their subject matter.
These TOUs shall be governed by the laws of Greece, and you agree that the courts of Greece (and courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these TOUs. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court of competent jurisdiction.
We may terminate, disable, lock, block or suspend your access to the Site or any Product if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of the TOUs. In the event of such termination, you must cease all use of the Site and/or Product, and Ergon IV may immediately revoke your access to the Site and/or Product.
All provisions which by their nature survive termination will survive the termination of these TOUs.