The following terms and conditions ("Terms and Conditions") govern your use of Exalogic Consulting Web sites ("these sites"). These Terms and Conditions include supplemental terms and conditions ("Supplemental Terms") that will govern your use of speciﬁc Exalogic Consulting services ("Additional Services").
Please note that the pages on these sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as deﬁned below), software, or other materials (collectively hereinafter referred to as the "Materials") contained on any page within these sites are copyrighted by Exalogic Consulting or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download, or copy the Materials contained in these sites in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify, or make use of the Materials without the express, prior written consent of Exalogic Consulting. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Exalogic Consulting, the Copyright Holder, or any third party referenced in the Materials. Nothing on these sites shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use these sites and the Materials, services, and products on these sites or those accessible via these sites only for lawful purposes. EXALOGIC CONSULTING MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THESE SITES AT ANY TIME.
Except as speciﬁcally provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication, or retransmission of any information contained on these sites without the prior written consent of Exalogic Consulting is strictly prohibited.
Exalogic Consulting respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Exalogic Consulting Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For notice of claims of copyright infringement on or regarding these sites, Exalogic Consulting’s Copyright Agent can be reached as follows:
Attn: Copyright Agent
Suite 1407, Fortune Executive Tower,
T Cluster, PO Box 634321, JLT
Phone: +971 4 391 3570
Fax: +971 4 368 5511
Permission to display, copy and/or download any papers, articles or other works of authorship on these sites (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from these sites is for informational or personal use only, and (c) no modiﬁcations of any Documents are made. Any other use of the Documents is expressly prohibited.
("About Your Security and Privacy") forms a part of these Terms and Conditions. Supplemental terms also contain additional and diﬀerent terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THESE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND EXALOGIC CONSULTING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR ITS CONTENTS. EXALOGIC CONSULTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THESE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND EXALOGIC CONSULTING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR ITS CONTENTS. EXALOGIC CONSULTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT. PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST EXALOGIC CONSULTING DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON-CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THESE SITES MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. EXALOGIC CONSULTING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. EXALOGIC CONSULTING IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
NEITHER EXALOGIC CONSULTING NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SITES OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THESE SITES AND WILL NOT MAKE ANY CLAIM AGAINST EXALOGIC CONSULTING FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Any other Web sites that are accessible via any link on these sites are not under the control of Exalogic Consulting. Exalogic Consulting is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Exalogic Consulting provides the linked sites to you only as a convenience and the inclusions of any such link on these sites does not imply Exalogic Consulting’s endorsement of these sites, the organization operating such sites, nor any products or services of that organization. Your linking to any oﬀ-site pages or other sites is entirely at your own risk.
You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Information published by Exalogic Consulting on these sites may contain references or cross references to Exalogic Consulting products or services that are not announced or available in your country. Such references do not imply that Exalogic Consulting intends to announce such products or services in your country. Please contact Exalogic Consulting team for information regarding the products and services that may be available to you.
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on these sites transmitted by a user of these sites via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on these sites, such information shall be deemed to be non-conﬁdential and Exalogic Consulting shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Exalogic Consulting shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, without limitation, publication on these sites, or other Exalogic Consulting publications, and developing, manufacturing, and marketing products using such information. Exalogic Consulting shall have no obligation to compensate the contributor of such information in any manner.
These Terms and Conditions represent the entire understanding relating to the use of these sites and prevail over any prior or contemporaneous, conﬂicting or additional, communications. Exalogic Consulting shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on these sites. Any use of these sites after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
“Exalogic Consulting”, the “EC” logo, and other Exalogic Consulting logos and titles are registered trademarks or service marks. All other products, company names or other marks appearing on these sites are the trademarks of their respective owners. Nothing contained in these sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on these sites without prior written permission of Exalogic Consulting or other trademark owners.
You agree to defend, indemnify, and hold harmless Exalogic Consulting, its oﬃcers, directors, employees, members, agents, and aﬃliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation. Exalogic Consulting shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Exalogic Consulting may terminate this agreement at any time. Upon termination, you agree to cease all use of these sites. Without limiting the foregoing, Exalogic Consulting shall have the right to immediately terminate your access and use of these sites, or any portion of these sites, in the event of any conduct by you or through your account which Exalogic Consulting, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 9 and 12 shall survive any termination of this agreement.
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