- YOU acknowledge that some content of the WEBSITE is provided by third parties, and YOU also acknowledge that this WEBSITE may enable access to third parties’ websites. YOU agree to enjoy such websites and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties. YOU also acknowledge and agree that ASUS will be responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.
- YOU acknowledge that any software you downloaded or obtained via the WEBSITE shall be used in compliance with the End User License Agreement (“EULA”) provided or contained therein.
- YOU acknowledge that nothing in the NOTICE gives YOU a right to use any of ASUS’s trademarks, service marks, product or service names, slogans, logos or images unless YOU have agreed otherwise in writing with ASUS.
- YOU acknowledge that ASUS reserves the right to modify this NOTICE at any time, and each such modification shall be effective upon posting on the WEBSITE. YOUR continued use of the WEBSITE following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified NOTICE. It is therefore important that YOU read and visit this WEBSITE on a regular basis to ensure YOU are updated as to the applicable NOTICE. If YOU do not agree to be bound by this NOTICE and to abide by all applicable law, YOU must discontinue using the WEBSITE immediately.
- YOU acknowledge that this NOTICE may reference other guidelines/notices provided by ASUS, and such referenced guidelines/notices shall constitute an integral part of this NOTICE.
2. Intellectual Property Right
- YOU acknowledge that YOU are solely responsible for the information upload, transmit, input or provide to this WEBSITE by YOU, and none of such information represents the opinion of ASUS. For the avoidance of doubt, information includes without limitation to, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Information”).
- When YOU uploaded, transmitted, inputted or provided the Information to this WEBSITE, YOU grant ASUS, its affiliates and subsidiaries, a worldwide, non-exclusive, non-revocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Information in any media formats with any manner, including without limitation to modify, reproduce, public broadcast, public transmission, adapt, distribute, publish, public release, or otherwise use the Information.
- If YOU do not have authorization for the above right, please do not upload, transmit, input or provide Information to this WEBSITE.
- YOU acknowledge that if YOU are found involving in alleged infringements for three times, YOUR access to the WEBSITE may be terminated by ASUS in whole or in part.
- If YOU are aware of any actual or prospective infringement of any content of the WEBSITE, or an infringement notification is required in accordance with applicable laws or regulations, please submit the notification to ASUS Legal Compliance Department with the contact information indicated in this NOTICE, ASUS will proceed corresponding procedure in accordance with applicable laws.
- Upon receipt of an infringement notification from a copyright holder or its agent, ASUS will remove, disable YOUR access to or may take other actions to alleged infringing content or services in accordance with applicable laws. If YOU believe that such content or services were not infringing, YOU may submit a counter notification to ASUS Legal Compliance Department with the contact information indicated in this NOTICE, ASUS will proceed corresponding procedure in accordance with applicable laws.
- YOU are required to provide true, accurate, current and complete information about YOURSELF if prompted and requested by a registration process of ASUS Member. YOU may access and correct YOUR personal information at any time.
- YOU may view and change YOUR registration information by logging in and editing YOUR account settings on WEBSITE. For the security of YOUR account, YOU will be required to sign in with YOUR login ID and password. YOU are solely and entirely responsible for securing the confidentiality of YOUR password and user name and for any and all activities that occur under YOUR account.
- If ASUS knew that the account/password of ASUS Member is used with misappropriation, ASUS may immediately suspend or terminate such ASUS Member's password, account (or any part thereof) or use of this WEBSITE, and remove all the Information related to such ASUS Member from this WEBSITE.
5. License and Restriction
- Subject to the terms of this NOTICE, ASUS hereby grants YOU a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to access or enter the WEBSITE and its services. Except for rights granted expressly herein, YOU acknowledge that t all other rights remain with ASUS. Any and all rights, including without limitation, in the WEBSITE, are and shall remain the exclusive property of ASUS and/or its licensors. Nothing in this NOTICE intends to transfer any such rights, or to vest any such rights to YOU.
- No Removal of Notices: YOU agree that YOU will not remove, obscure, make illegible or alter any notices or indications of any rights and/or ASUS’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
ASUS reserves the right to terminate this WEBSITE at any time, or limit YOUR right of this WEBSITE in whole or in part. YOUR rights to use the WEBSITE will be terminated automatically without notice if YOU fail to comply with the terms and conditions mentioned in this NOTICE. Upon termination of this NOTICE, YOU shall immediately cease all use of this WEBSITE and its copies, in full or in part.
7. Warranty Disclaimer and Limitation of Liability
- YOU acknowledge that the website is provided “as is.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU, INCLUDING BUT NOT LIMITED TO RELATED COST OF ALL NECESSARY SERVICING AND REPAIR. To the extent permitted by law, ASUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO This WEBSITE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS NOTICE OR FOR THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. ASUS ALSO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS SERVICE REMAINS WITH YOU. IN NO EVENT SHALL ASUS, ITS LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS NOTICE OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF ASUS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU agree to defend, indemnify and hold harmless ASUS and its affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.
For further information regarding this NOTICE and referenced guidelines, contact ASUS Legal Compliance Department by registered mail, facsimile, e-mail or phone at:
ASUSTeK Computer Inc.
Legal Affairs Center
Legal Compliance Department
Address: 15, Li-Te Rd., Taipei 112, Taiwan
Telephone: (886) 2 2894 3447
Fax: (886) 2 2890 7674Updated July 25, 2011 by ASUS Legal Affairs Center