Use of ECARTOOL Websites
Except as set forth in "Other agreements; software, services or access", below, ECARTOOL authorizes you to use the ECARTOOL Websites only for your own personal, non-commercial purposes. Use of the ECARTOOL Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and ECARTOOL, ECARTOOL owns the ECARTOOL Websites. The ECARTOOL Websites is protected under Taiwan and international copyright laws. Any unauthorized use of the ECARTOOL Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the ECARTOOL Websites and for paying all charges related thereto. When you register to open an account anywhere on the ECARTOOL Websites, or when you contact ECARTOOL through the ECARTOOL Websites for the purpose of receiving products or services, ECARTOOL may collect certain personal information about you. ECARTOOL 's use of such information is governed by the provisions of the ECARTOOL Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your ECARTOOL Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your ECARTOOL Websites password and you are solely responsible for all activities that occur under your password. You agree to notify ECARTOOL immediately of any unauthorized use of your password or any other breach of security related to the ECARTOOL Websites. ECARTOOL reserves the right to require you to change your password if ECARTOOL believes that your password no longer is secure. Access to ECARTOOL Websites granted under other separately executed agreements by ECARTOOL and You shall supersede the terms contained in this Section.
You agree not to use the ECARTOOL Websites (including, without limitation, any Materials or Services you may obtain through your use of the ECARTOOL Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the ECARTOOL Websites or servers or networks connected to the ECARTOOL Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the ECARTOOL Websites; or (y) attempt to gain unauthorized access to any portion of the ECARTOOL Websites or any other accounts, computer systems, or networks connected to the ECARTOOL Websites, whether through hacking, password mining, or any other means.
Except as set forth in "Other agreements; software, services or access", below, ECARTOOL may terminate, suspend, or modify your registration with, or access to, all or part of the ECARTOOL Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the ECARTOOL Websites at any time. If you breach any of these Terms, your authorization to use the ECARTOOL Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Exclusions and limitations
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. To the extent that any ECARTOOL Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the ECARTOOL Party's liability shall be the minimum permitted under such applicable law.
When you visit the Site or send e-mails to ECARTOOL, you are communicating with ECARTOOL electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that ECARTOOL provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the ECARTOOL Websites, constitute the entire and exclusive and final statement of the agreement between you and ECARTOOL with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ECARTOOL with respect to such subject matter. The ECARTOOL Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and ECARTOOL shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the ECARTOOL Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ECARTOOL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ECARTOOL and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ECARTOOL Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or ECARTOOL. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ECARTOOL without restriction.