Acceptance of Terms of Use
By visiting, using or accessing this Site, You accept these Terms of Use defining respective rights and obligations, and You agree to be bound by them. If You do not understand or accept these Terms of Use, You should not use this Site and You should immediately exit this Site.
By agreeing to these Terms of Use, You, as an individual, represent and warrant that You have authority to act for and on behalf of Your organization (if applicable) as a legal entity and to bound such entity as an authorized legal representative.
Trademarks and Copyright
With the caveat below, the OA Trademarks and Copyright policy which may be found at: enterprise.On Access.com/trademarks forms an integral part of these Terms of Use.
Limited Authorization under Copyright
Notwithstanding anything to the contrary in the OA Trademarks and Copyright policy, software and other copyrighted documents and materials accessible on this Site are protected by copyright laws.
The copyright in these materials is owned by OA or one of its affiliated entities (“OA Materials”) or a third party original creator of the materials (“Third Party Materials”).
Unless for any software and related documentation downloaded from this Site having its own terms and conditions communicated at the time of downloading and which will be governing, the following conditions apply:
- Your use of the OA Materials or of the Third Party Materials must be for informational and non-commercial purposes only;
- You may view, copy and print the OA Materials as long as You do not remove any copyright notice or trademark statement from any copy of the OA Materials;
- You may distribute internally to Your organization copies of the OA Materials but only to the extent such materials do not bear a mention “confidential” or similar;
- You may view the Third Party Materials, but not copy or print them, unless duly authorized in writing by the third party.
All other rights are reserved and other uses prohibited to the extent permissible by law, unless with written consent. Requests for additional rights and/or uses should be sent to the OA Copyright Agent identified below.
For the avoidance of doubt, You have no right to copy the design or layout of this Site or any part of it.
Third Party Copyrights and the Copyright Agent
OA is committed to respecting the intellectual property rights of others, and requires that You do the same. OA may terminate, in its sole discretion, any of Your accounts or access rights if it determines, that You violate the intellectual property rights of OA or of third parties.
If You have good reasons to believe that materials have been used on this Site in a way that constitutes copyright infringement, please provide the following information to the OA Copyright Agent
- A description of the materials and their location on the Site;
- Your name, address, telephone number, and email address; and
- A statement made by You: (i) that You believe in good faith that the use of the materials is not authorized, and (ii) under penalty of perjury, that You are the copyright owner of the materials, or that You are authorized to act on behalf of the copyright owner (and in that case, the name and signature of the copyright owner authorizing You) and the information specified in such statement is accurate.
Privacy Statement
If any information submitted by You on this Site constitutes personally-identifiable information (“Personal Data”), it will be treated as set forth in the OA Data Privacy Policy and forms an integral part of these Terms of Use.
Use of Product Catalog
Any product catalog found on this Site is for informational or planning purposes only, and is not intended to create, modify or supplement any OA’s or its affiliated entities’ specifications or warranties relating to the products or services found in the catalog.
Product Availability
The availability of the products and services described on this Site, and the descriptions of such products and services, may vary from country to country. Consult with Your OA sales representative or Your business partner for specific product and/or service information.
Your Account
Access to certain parts of this Site may be subject to opening of a user account and/or use of a user name and password. In such case, You must comply with the registration process described in this Site or otherwise as instructed by OA to You and, if so requested, choose a password and user name. You are fully responsible and liable for maintaining the confidentiality of Your password and for any and all activities that occur under Your password as well as for any loss or damage incurred by OA or OA’s affiliated entities or any third party due to the use of Your password and/or account by someone else.
You agree to notify OA immediately of any unauthorized use of Your password and/or account or any breach of security.
Links
Although this Site may contain or provide links to third party sites, OA provides these links merely as a convenience to You. In particular, such a link does not mean that OA endorses the content, nor any use You make of the linked site. OA is not responsible or liable for the content or availability of any such third party sites. OA is not responsible for webcasting or any other form of transmission received from any linked sites.
Posting and Submitting of Information
This Site may contain access to and use of forums and/or other message or communication facilities such as but not limited to e-mail function, bulletin board services, blogs, discussion groups, chat area, news group which are designed to enable You to communicate with OA and/or other users of this Site (collectively the “Forums”).
To the extent technically allowed by this Site, You agree to use the Forums only to upload, post, send and receive messages (including feedback and suggestion), files, document, graphics, image, idea and other content or materials (collectively the “Materials”) that are related to the scope of such Forums.
You shall use the Forums exclusively in a non-commercial manner.
Any Material posted or submitted on this Site by You (other than Personal Data) will be considered non-confidential and non-proprietary.
You shall not publish any Material including a promotion, advertising, solicitation to sell or purchase goods or services, to join or become members of any commercial online or offline organization or service, or more generally to use directly or indirectly the Forums for any other commercial matter.
Moreover, when uploading, e-mailing, posting, publishing or otherwise communicating through any Forum, You agree in particular that You will not in whatever manner or form, directly or indirectly:
- use such Forum in connection with or for the purpose of surveys, contests, solicitation of funds, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages;
- upload Materials that contain viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of this Site (or any part of it) or another’s (including but not limited to OA) computer or property;
- defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other;
- transmit or facilitate the transmission, distribution or dissemination of any Material which is (i) false or misleading, (ii) promoting bigotry, racism, hatred or harm against any group or individual, (iii) obscene or indecent;
- infringe another’s rights such as, but not limited to, intellectual property rights; or
- more generally, violate any applicable laws, regulations or code of conduct.
Collection of information about others that are contained in the Forums (including e-mail addresses) is strictly prohibited. In addition, You shall not restrict or inhibit any other user of this Site from accessing and using the Forums.
Material removal. OA has no obligation under these Terms of Use to monitor the Forums. However, OA reserves the right to review any Material uploaded, posted or sent by Forums’ users and to remove any of such Material in OA’s sole discretion. Furthermore, OA may be required by law to remove certain information or certain materials in certain countries.
Rights granted to OA on users’ Materials : OA does not claim title to or ownership of the Materials. However, by uploading, posting, sending or otherwise transmitting any Material to any Forum or submitting any Material to OA:
(a) You (and/or Your organization) grant OA, its affiliated companies and any sub-licensees elected by OA or its affiliated company a perpetual, worldwide, royalty/compensation free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Material (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights. In addition, at OA’s, its affiliated companies’ or its sub-licensees’ option, You agree to have Your name published in connection with Your Material or You agree to waive such right;
(b) You warrant and represent that You (and/or Your organization) own, control or have all the necessary rights to the Materials including but not limited to the rights necessary to upload, post, send or otherwise transmit the Materials and to grant licenses and sublicenses as per the provisions above.
Termination of Use
OA may, at its option, and, as of right, terminate, without notice and with or without cause, Your access to the Site and any of Your account. OA may in addition claim indemnification of damages for breach by You of these Terms of Use.
Warranty Disclaimer
ANY AND ALL THE INFORMATION (INCLUDING ANY OA MATERIALS AND THIRD PARTY MATERIALS IF ANY) PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING WORKMANLIKE EFFORTS, LACK OF NEGLIGENCE OR NON-INFRINGEMENT.
OA MAKES NO WARRANTY THAT (A) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY TOOLS OR SERVICES AVAILABLE OR OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE OR (B) THE QUALITY OF ANY PRODUCTS OR SERVICES DESCRIBED IN THIS SITE WILL MEET YOUR EXPECTATIONS.
THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. OA DOES NOT WARRANT THAT THE ELECTRONIC FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THIS SITE.
IN THE FUTURE CHANGES MAY BE ADDED TO THE INFORMATION HEREIN BUT THERE WILL BE NO DUTY TO UPDATE THIS SITE.
OA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR PROGRAM(S) DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OA NOR ITS AFFILIATED COMPANIES NOR ANY OTHER THIRD PARTY (INCLUDING ITS SUPPLIERS HAVING BEEN INVOLVED IN THE CREATION, IMPLEMENTATION OR OPERATION OF THIS SITE) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF REPUTATION, OR ANY ECONOMIC LOSS AND THE LIKE), HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT OR NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OR ACCESS OR INABILITY TO USE THIS SITE OR ANY PART OF IT OR ACCESS TO IT, INCLUDING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE, OR RELIANCE OF ANY OF THE INFORMATION PROVIDED AND/OR MATERIAL CONTAINED IN THIS SITE, EVEN IF OA OR THE THIRD PARTY ABOVE MENTIONNED HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF OA OR THE THIRD PARTY ABOVE MENTIONED SHALL, UNDER THESE TERMS OF USE, WHICHEVER THE NUMBER OF CLAIMS, BE LIMITED IN THE AGGREGATE TO THE AMOUNT OF ONE HUNDRED EUROS.
Export Laws
The export control laws of France, the United States and other countries in which OA and/or its affiliated companies conducts business prohibit the export and/or re-export of certain technical data and software to certain countries and/or territories
No content from this Site may be downloaded or copied and transmitted in violation of the applicable countries export control laws or regulations.
You and Your organization agree to comply with all export laws and restrictions and regulations of France, the United States or of any other relevant foreign agency or authority, and not to directly or indirectly provide or otherwise make available the OA information provided through this Site including but not limited to the OA Materials and Third Party Materials in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, You and/or Your organization shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the use of such information outside the territory of France and the United States. The information made available by OA through this Site (including the OA Materials and Third Party Materials) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to France and/or the United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to person listed by the United State Treasury Department as “Specially Designated Nationals and Blocked Persons” or by the United States Commerce Department's in its “Table of Denial Orders”. By agreeing to these Terms of Use, You represent and warrant that You and Your organization (if applicable) are not (i) located in, under the control of, or a national or resident of any such country or (ii) a person on any such list.
User Indemnity to OA
You and Your organization agree to defend, indemnify and hold OA, its affiliated companies, directors, employees or representatives harmless from and against any and all damages, expenses (including attorneys reasonable fees), losses or liabilities arising out of or in connection with Your access to or use of this Site (including the Forums).
Dispute Resolution
Any dispute relating to Your visit or to Your access to this Site shall be submitted to the exclusive jurisdiction of the courts of Paris, France and You and Your Organization irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient.
Language
To the extent permitted by law, the English version of these Terms of Use is binding and other translations are for convenience only.
Modification of Terms of Use
These Terms of Use were last updated on this year.
OA reserves the right to change these Terms of Use at any time without prior notice. If You do not agree to the modified Terms of Use, You should discontinue Your use of this Site immediately.
