Terms and Conditions of Use
By using or downloading information from this Web site, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, IN WHOLE OR IN PART, PLEASE DO NOT CONTINUE TO USE THIS WEB SITE.
- Changes to Terms and Conditions of Use. MicroVision, Inc. (“MicroVision”, “us” or “we”) may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Web site following the posting of changes will indicate your acceptance of those changes.
These Terms and Conditions of Use were last updated on March 31, 2005.
- Copyright and Restrictions on Use. The materials on this Web site (“Materials”) as well as their organization and design are the property of MicroVision or its suppliers and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of this Web site for lawful and legitimate purposes as intended by MicroVision. Except for the purpose of page caching and as otherwise explicitly set forth in these Terms and Conditions of Use or in another agreement between you and MicroVision, you may not copy, distribute, republish, modify, display, or use the Materials in any manner, without our prior written consent. You also may not reverse engineer, disassemble or decompile any software contained on or accessed through this Web site. If MicroVision makes software available on this Web site for download, but such software does not have a separate license agreement, MicroVision provides the software to you “AS IS” without any warranty.
- Intellectual Property Notice. Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of MicroVision, its suppliers or any other party. “Nomad”, “MicroHUD”, “Flic”, “Flicprint” and “Flicware” and the related logos displayed throughout this Web site are the trademarks of MicroVision. You may not display, use as a link, or otherwise use any of the trademarks, trade names, service marks or logos of MicroVision or its suppliers without the prior written consent of the respective owner.
- Compliance with Law. MicroVision makes no representation that the Materials are appropriate or available for use in all locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Web site.
- Other Businesses and Links. Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, logo or otherwise does not constitute or imply endorsement by MicroVision. This Web site may contain links to Web sites or be linked to Web sites not under the control of MicroVision. MicroVision does not endorse the companies, products or Web sites that are linked to this Web site. Accordingly, MicroVision does not assume any responsibility or liability for the actions, products or content of linked Web sites. If you decide to access any of the third party Web sites linked to this Web site, you do so entirely at your own risk.
- Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MICROVISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, MICROVISION DOES NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS: (A) ARE COMPLETELY ERROR FREE; (B) WILL OPERATE WITHOUT INTERRUPTION; (C) ARE CURRENT, ACCURATE OR COMPLETE; (D) ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (E) ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; OR (F) WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degree to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“Problems”). We have taken reasonable steps so that Problems will not materially affect our business, but do not guarantee that our Web site is immune to Problems. It is your responsibility to protect yourself from Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to Problems include using firewalls, password protection, and antivirus programs.
- Limitation on Liability. IN NO EVENT SHALL MICROVISION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) ARISING OUT OF OR RELATED TO: (A) YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE MATERIALS; (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEB SITE; OR (C) ANY GOODS OR SERVICES ADVERTISED ON, OR LINKED TO, THIS WEB SITE, EVEN IF MICROVISION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
- Restriction, Suspension and Termination. If MicroVision determines, in its sole discretion, that you are using or have used any portion of the Web site or the Materials in a manner inconsistent with any of these Terms and Conditions of Use, MicroVision shall have the right to take appropriate action without prior notice to you including, without limitation, limiting, restricting, suspending and/or terminating your access to, and use of, the Web Site, Materials or any portion thereof and seeking any remedies available at law or in equity.
- Indemnification. You shall indemnify and hold MicroVision, its suppliers, its affiliates, and their respective directors, officers, employees, owners, members, agents, representatives, licensors, licensees, and investors (collectively, the “Indemnified Parties”), harmless from and against any and all claims, legal actions, demands, controversies, disputes, liabilities, losses, expenses, costs and/or damages including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) arising out of or related to any breach by you of any of the Terms and Conditions of Use or otherwise relating or arising from your access or use of the Web site or the Materials. You shall cooperate, at your expense, as reasonably requested by MicroVision in the defense of all Claims.
- Waiver. No failure or delay on the part of MicroVision to exercise any right, power or remedy under these Terms and Conditions of Use shall operate as a waiver; nor shall any single or partial exercise by MicroVision of any right, power or remedy under these Terms and Conditions of Use preclude any other or further exercise of any right, power or remedy.
- Severability. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Governing Law, Venue and Dispute Resolution. These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the state of Washington, USA, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this Web site and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Such arbitration shall be held in King County, Washington, USA before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. An award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, MICROVISION MAY SEEK INJUNCTIVE RELIEF FOR ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR SUCH ACTION.