Through this Website, Melexis provides you with a variety of resources, including software, technical specifications, data sheets and all kind of product information as well as other information and/or services related to Melexis products or services.
2. Website2.1 The Website is open for use to everyone.
2.2 Melexis endeavors to diligently support and maintain the Website. However, Melexis does not warrant or guarantee that the Website is accessible at all times. Melexis also does not warrant or guarantee that the Website is always up to date and that the information on the Website is complete and free from errors at all times. Delays, wording mistakes, omissions and wrong information may occur.
3. User’s Obligations3.1 You may not use the Website in a manner that could damage, disable, overburden or impair any Melexis server and/or server of its affiliates or the network connected to these servers. You may not attempt to gain unauthorized access to any websites, other accounts, computer systems or networks connected to these Servers, through i.e. hacking, password mining or any other means.
3.2 User activities that aim at rendering the Website non-functional or at least obstruct the use of the Website may be prosecuted on the basis of civil and criminal law.
4. User Content4.1 Any information, data, material or other content (hereinafter “User Content”) that you send to the Website will be deemed non-confidential and not protected by law. By sending any User Content to Melexis you grant to Melexis the right - without limitation as to territory, time and scope - to use, reproduce, display, modify, incorporate, license and distribute the User Content or to exploit the User Content in any other way whatsoever.
4.2 In particular, you agree that Melexis may use any ideas, concepts, techniques or other know-how in User Content for any and all commercial and non-commercial purposes.
5. Layout of WebsiteAll elements of the Melexis Website, including layout and arrangement of the information, are protected by trademark law, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Melexis.
6. Content available on this Website6.1 Subject to the limitation of warranty and liability as set out down below, Melexis provides you with product information, including but not limited to documentation, technical specifications, data sheets and any supplements hereto and with other non-product related documents in any form (collectively "Documentation"). Documentation may also include marketing information, order confirmation, volume of orders and order forecasts, delivery information, open accounts and current payments, quality reports and customer complaints, news, special reports and additional information about Melexis which Melexis provides for your convenience.
6.2 The Documentation made available to download are subject to Melexis intellectual and other property rights. Melexis hereby grants the user a non-exclusive, non-transferable, revocable, limited right to download, use and copy (i.e. electronically copy and print hard-copy excerpts) the Documentation for scientific or educational purposes or in order to assess entering into any business with Melexis, provided that
(1) the Melexis copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(3) no modifications to any Documentation is made.
6.3 Any use of the Documentation without the prior written consent of Melexis other than the one set forth in clause 6.2 is expressly forbidden.
7. Forums/Interactive Areas7.1 This Website may include discussion forums or other interactive areas. You agree not to upload to, distribute or otherwise publish through this Website any content which is unlawful, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any national or supranational law. On this Website you shall not, without the express written approval of Melexis, distribute or publish promotions, advertising or solicitations for funds, goods or services.
7.2 You shall remain solely liable for the content of any messages or other information posted by you on this Website, and Melexis takes no responsibility and assumes no liability for the content of posted or uploaded material.
7.3 Melexis may, but is not obligated to, monitor or review (i) any areas on the Website where users transmit or post submissions, including but not limited to discussion forums or other interactive areas and (ii) the substance of any submission. Although it is not Melexis intention to do so, Melexis reserves the right, in its sole discretion, to delete or remove submissions or any other content available through forums or interactive areas and to restrict, suspend, or terminate your access to all or part of this Website, at any time without prior notice or liability. In addition Melexis reserves the right, in its sole discretion, to remove, edit or to block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.
8. HyperlinksThe Website may contain hyperlinks respectively links to websites of third parties. Melexis does not control the content of these websites and is not liable for the content of such websites of third parties. Also, Melexis does not adopt the content of such websites of third parties and disclaims any liability for them. The use of such websites of third parties is at the own risk of the user.
9. Account password and security9.1 Some areas of this Website and the materials, data and information provided thereon require express authorization and account set-up by Melexis before you are allowed to access, download or use. After registration and your successful verification the Melexis site coordinator will decide as it deems fit whether or not your account shall be activated.
9.3 You are not allowed to use an account other than your own account at any time. You agree to inform Melexis immediately of any unauthorized use of your account or any other breach of security. Melexis will not be liable for any loss that you may suffer as a result of someone else using your password or account, either with or without your knowledge.
9.4 However, you could be held liable for losses incurred by Melexis or another party due to someone else using your account or password. You shall ensure that your user data is not accessible by third parties. In addition, you are liable for all downloads, transactions and other activities carried out under your account.
9.5 Without limiting other remedies, Melexis reserves the right to block or restrict access to and use of the Website at any time and for any reason whatsoever in its sole discretion. Upon such termination or suspension, your right to use the limited access Website will immediately cease.
10. Data protection and privacy10.1 When you use the Website, Melexis may track your visit to this Website and the use of services provided thereunder. Melexis may collect certain technical and routing information about your computer to facilitate your use of the Website and its services. Further Melexis Web servers automatically log your login, the IP/Internet address of your computer and record all content that has been downloaded or otherwise transmitted to or from your computer by filename, date and time of download (collectively the "Data").
11. Warranty and liability11.1 This Website (including all Documentation, content, services, functions and other materials or information made available on or accessed through this Website or any external website linked to this Website) are provided ’as is’. Except as expressly warranted in any other applicable license agreement, Melexis disclaims all warranties either express, implied, statutory or otherwise including but not limited to the merchantability, fitness for a particular purpose, title and non-infringement with regard to the content of this Website or that the server that makes this Website available is free of viruses or other components that may infect, harm or cause damages to your computer equipment or data when you access, download form or otherwise use this Website.
11.2 Melexis shall in no event be liable to the user of the Website for indirect, incidental, collateral or consequential damages or losses such as harm to business, loss of revenues, loss of anticipated savings or lost profits, whether or not foreseeable.
12.2 The sole courts that will have jurisdiction for any legal actions related to the use of the Website shall be the commercial courts of Ieper.