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Terms and Conditions of Use
Terms & Conditions
PLEASE READ THESE CUSTOMER PORTAL TERMS OF USE CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE PHOSEON TECHNOLOGY, INC. TERMS OF USE ("TERMS") AND THE ADDITIONAL TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND/OR THESE CUSTOMER PORTAL TERMS OF USE, DO NOT USE THE PHOSEON WEBSITE OR THIS CUSTOMER PORTAL. TERMS These Customer Portal Terms of Use ("Customer Portal Terms") and the Terms apply to your access to, and use of, the Secure Website of Phoseon Technology, Inc. ("Phoseon"), located at www.phoseon-support.com (the "Customer Portal"). These Customer Portal Terms do not alter the terms or conditions of any other agreement you may have with Phoseon or its subsidiaries or affiliates, including the Terms and any non-disclosure agreement. To the extent these Customer Portal Terms conflict with any provision of an existing non-disclosure agreement, these Customer Portal Terms will control your use of and access to Confidential Information (defined below). If you are using the Customer Portal on behalf of any entity, you represent and warrant that you are authorized to accept these Customer Portal Terms on such entity's behalf, and that such entity agrees to indemnify Phoseon for violations of these Customer Portal Terms. Phoseon reserves the right to change or modify any of the terms and conditions contained in the Customer Portal Terms at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Customer Portal, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Secured Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Customer Portal Terms and applicable policies to understand the terms and conditions that apply to your use of the Customer Portal. If you do not agree to the amended terms, you must stop using the Customer Portal. 1. Eligibility, Registration and Account The Customer Portal is not targeted or intended for use by anyone under the age of 18. By accessing or using the Customer Portal, you represent and warrant that you are 18 years of age or older. You also represent and warrant that you are not a competitor of Phoseon, a director, officer or employee of a competitor of Phoseon, or a parent company, affiliate company, subsidiary, agent, professional advisor, or family member of a competitor of Phoseon. You also agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Phoseon if you discover or otherwise suspect any security breaches related to the Customer Portal; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. 2. Confidentiality The Customer Portal may contain the confidential information of Phoseon, including trade secrets, know how, ideas, concepts, designs, methods, processes, techniques and information related to: (a) technology; (b) inventions, whether or not patentable; (c) past, present or proposed research or development; (d) existing or proposed products or services, including product specifications and plans for new product plans; (e) suppliers; (f) manufacturing; (g) markets, marketing activities, marketing plans, distribution channels, customers and prospective customers; (h) costs, expenses, pricing, discounts, revenues, profits and financial affairs; (i) personnel, personnel policies and compensation of employees; (j) facilities and physical resources; (k) intellectual property; (l) software source code; or (m) business plans, business strategies and forecasts (collectively, "Confidential Information"). The Confidential Information may be contained, conveyed or disclosed in any form or manner on the Customer Portal, including in documents, text, data, records, drawings, photographs, pictures, charts, graphics, or samples. You may not use any Confidential Information for any purpose other than further learning and education of Phoseon’s products and services. You will hold all Confidential Information in strict confidence and will not disclose any Confidential Information to any person; provided, however, that if you are using the Customer Portal on behalf of an entity, you may disclose the Confidential Information to affiliates, directors, officers, employees, agents, consultants, advisors and other representatives of the entity ("Representatives") who: (a) need to know such Confidential Information for the purpose set forth above; (b) have been advised by you of the confidential and proprietary nature of the Confidential Information; and (c) are bound by non-use and confidentiality obligations that are at least as restrictive as those described in this Agreement. You will protect all Confidential Information by using the same degree of care regarding the Confidential Information that you would exercise regarding your own confidential information, but not less than reasonable care. The obligations described above will not apply to any Confidential Information that you can prove: (a) became generally available to the public without breach of these Customer Portal Terms or through your acts or omissions; (b) you independently developed without reference to Confidential Information; (c) you received from a third party that did not violate any agreement, duty or applicable law in disclosing the information to you; or (d) is legally required to be disclosed. 3. No Intellectual Property Rights You will not acquire any intellectual property rights of Phoseon in connection with your access of the Customer Portal. Nothing in these Customer Portal Terms grants you any right to use any Confidential Information for any purpose other than those stated in Section 2 above. 4. Copying Unless otherwise permitted by the Customer Portal, you may not copy any materials from the Secure Website without Phoseon's prior written consent. 5. Term These Customer Portal Terms will remain in effect until such a time as the Confidential Information no longer qualifies as Confidential Information.
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