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Except to the extent expressly permitted under this Section 2 (License and License Restrictions) above, you shall not: (a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Website or any Content; (b) disrupt servers or networks connected to the Website; (c) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Website; and/or (d) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website. Compliance with the foregoing restrictions is a condition to the license granted to you under this Section 2 (License and License Restrictions).
Ownership
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Content
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Use of Content
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Third Party Open Source Software
Portions of the Website may include third party (including open source) software that are subject to third party terms and conditions ("Third-Party Terms"). The Website will comply with any rightful request you submit to us for exercising your rights under such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms shall prevail in connection with the corresponding third-party software.
The Website enables you to view, access, link to, and use third party Material, which are not owned or controlled by us ("Third-Party Content"), and such Third-Party Content is provided without the Website or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification as to whether such Material is true, complete or accurate. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our third-party business partners and customers. For the avoidance of doubt, all such Third-Party Sources are and shall continue to be the owners of all such Third-Party Content.
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Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
• LIMITATION OF LIABILITY
IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES BE LIABLE FOR:
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THE AGGREGATE COMBINED LIABILITY OF THE WEBSITE AND ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE WEBSITE (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID THE WEBSITE ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, THE WEBSITE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
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If any third party (including, without limitation, a governmental entity) brings any kind of demand, claim, suit, action or proceeding against the Website, our affiliates, and/or any of our respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an "Indemnitee"), which is based upon or arises from:
• your use of the Website;
• any breach by you under these Terms; and/or
• any of your content or content of any third party,
(each of the foregoing, a "Claim") then, upon request by the Website (to be decided at our sole and absolute option), you agree to assume full control of the defense and settlement of the Claim; provided, however, that:
• the Website reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and
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The Website reserves the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Website (or any part thereof), for any reason whatsoever, at any time, and without notice to you, and you agree that the Website will have no liability or obligation to you for any such termination, modification, suspension, or discontinuance. If you object to any term or condition in these Terms or any subsequent changes thereto, or become dissatisfied with the Website in any way, your only recourse is to cease accessing and using the Website. Upon termination of these Terms, your license right under Section 2 (License and License Restrictions) will automatically terminate and you must immediately cease all access to and use of the Website.
Sections 3 (Intellectual Property Rights) through 15 (Miscellaneous), inclusive, as well as any provision of these Terms which by nature ought to survive, shall survive termination of these Terms and your use of or access to the Website.
The Website may assign these Terms (or any of its rights and obligations hereunder) without your consent and without notice to you. You may not assign these Terms (or any of your obligations or rights hereunder) without the Website's express prior written consent. Any prohibited assignment shall be null and void.
The Website reserves the right to make changes to these Terms at any time by posting changes on the Website. Such changes will be effective ten (10) days thereafter, and your continued use of the Website thereafter means that you agree to be bound by the changes. Please check the Website regularly for any changes.
These Terms shall be construed, interpreted and governed by the laws of England and Wales without regard to the conflict of laws provisions. All disputes, disagreements or claims arising under these Terms or in connection with them, including regarding their acceptance, entry into force, interpretation, execution, violation, termination or invalidity, shall be subject to resolution in the Cyprus-Eurasian Center for Dispute Resolution and Arbitration (CEDRAC) in accordance with its CEDRAC Arbitration Rules. The place of arbitration in the case provided for in this provision is Nicosia, Cyprus.
These Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral or written statements, agreements and understandings regarding such subject matter.
If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its legal intent, and the remainder of these Terms shall remain in full force and effect. No right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing, signed by the waiving party, and shall be valid only in the specific instance in which given.
The relationship of the parties is solely that of independent contractors. Nothing in these Terms shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties. Any section or sub-section headings used in these Terms are for convenience only, and shall not be used or relied upon in interpreting any provision herein.
