User Agreement for Access to the Photovoltaic-software.com World Wide Website.
www.photovoltaic-software.com, referred to as "THE PUBLISHER", require that any visitor ("User") to its World Wide Website ("Site") adhere to the following rules and regulations. By accessing the Site, User indicates User's acceptance of and agreement to these terms and conditions, as amended from time to time by THE PUBLISHER.
This Site, including all software, functions, materials, and information, and any products or services made available through this Site, are provided "as is" without warranties of any kind, either express or implied, unless otherwise expressly stated herein. THE PUBLISHER disclaims all warranties express or implied, including but not limited to warranties of quiet enjoyment and non-infringement, as well as any implied warranties of merchantability or fitness for a particular purpose as to any computer programs, or the design or informational content of the Site.
Prices of products are given for reference only as they are public catalog prices from manufacturers. All prices given on photovoltaic-software.com are subject to change without notice. THE PUBLISHER does not warrant or make any representations regarding operation of the Site. THE PUBLISHER does not warrant or make any representation regarding the validity, accuracy, or reliability of the results of the use of the materials on the Site or any other World Wide Web resource or site linked to this Site. The materials on this Site may be out of date, and THE PUBLISHER makes no commitment to update the materials on this Site.
THE PUBLISHER does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. THE PUBLISHER does not warrant that the Site, software, materials, products, or service will be uninterrupted or error free or that any defects in the Site or any element thereof will be corrected. Applicable law may not allow the disclaiming of implied warranties, so the above disclaimer may not apply to individual Users as it relates to implied warranties.
In no event shall THE PUBLISHER, its agents or affiliates, or any third parties mentioned within the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or arising out of the use or inability to use the Site and the materials contained therein; all whether based on contract, tort, or any other legal theory, and whether or not THE PUBLISHER is advised of the possibility of such damages.
On the Site, THE PUBLISHER may include links to World Wide Websites or resources for User convenience which are not created or controlled by THE PUBLISHER ("Linked sites"). THE PUBLISHER does not endorse or accept responsibility for any such Linked site or resource User may access through THE PUBLISHER's Site. Linked sites are wholly independent from THE PUBLISHER; as a result, THE PUBLISHER has no control over any products, services, materials, or other information contained in or available through these third-party websites. The quality and dependability of these third-party websites may vary as they are updated or altered. Therefore, access to any third-party websites through THE PUBLISHER's Site, regardless of whether the third-party site is a Linked site or not, is entirely at the User's own risk.
User agrees to indemnify and hold THE PUBLISHER, its agents, affiliates, and assigns, harmless from and against any and all claims, losses, liability, cost, or expense (including but not limited to reasonable attorney's fees) relating to or arising from: 1) the violation or breach of these Terms and Conditions; 2) violation or infringement of any third-party's rights, including but not limited to copyrights and proprietary and privacy rights, resulting from User's breach of these Terms and Conditions; or 3) any violation of applicable federal, state, or local law, regulation, or ordinance resulting from User's breach of these Terms and Conditions.
THE PUBLISHER's trademarks may be used or reproduced publicly only with permission from THE PUBLISHER. Fair use of THE PUBLISHER's trademarks in advertising or promotion of THE PUBLISHER products requires proper acknowledgement. All other brands are the property of their respective owners. Copyright and Ownership of Materials
Except where otherwise noted, all materials, software, and information on the Site, as well as any unique visual or functional elements of the Site, are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, uploaded, posted, transmitted, or distributed in any way, in whole or in part, without THE PUBLISHER's prior permission. Additional General Terms
This Site was created, and is maintained, in France. THE PUBLISHER makes no claims that the materials contained on the Site are appropriate or may be downloaded outside of France. Access to the Site and the materials therein (including software) may not be legal by certain persons or in certain countries. If User accesses this Site from outside France, that access is made at User's own risk. User is responsible for compliance with the laws of User's jurisdiction.
Use of the Site, the Terms and Conditions of use, and all other aspects of the operation and functionality of the Site shall be governed by and construed under the laws of France, without giving effect to its rules regarding conflicts of laws. THE PUBLISHER and User hereby irrevocably consent to the jurisdiction of the courts located in France for any action, claim, or cause arising out of or related to the use of the Site and any products or services obtained through the Site. If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not impair the validity of the remaining Terms and Conditions. No waiver of any provision of the Terms and Conditions shall be deemed a further waiver of any other provision thereof.