TERMS OF USE

Last Updated: 5th August 2011
By accessing this Website or using these services by Katotec Private Limited (“Katotec”, “Us”, “We”, “Our”), you, as a user of this Website, hereby accept and agree to abide by our Terms of Use ("Terms of Use," "Terms," or "Agreement"). Please read these Terms of Use carefully before accessing this Site or using these services.

If you do not agree with any of the above, please discontinue your use of the Site immediately and, in future, refrain from accessing this Website or using these Services.

Katotec reserves the right to change, modify, add or remove portions of these Terms of Use, at its own discretion at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will indicate that you accept and agree to comply with the modified Terms. These Terms, together with Katotec's Privacy Policy, will create a binding agreement between yourself and Katotec. It is therefore highly recommended that you bookmark this page and refer to it to ensure you are in compliance therewith.

Users under the age of 16 should obtain parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Use.

This Site is owned by Katotec. You may access the Site, use the Services and view the material. You may purchase and download the materials on any single computer for your personal and non-commercial use only, provided you keep all copyright and other proprietary notices intact. You may not distribute (in whole or in part) the resources made available to you on this website. Unless otherwise expressly provided, the contents of this Site are the property of Katotec and its providers and are protected, without limitation, pursuant to copyright and trademark laws. No material from Katotec may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as expressly provided herein. Modification or use of the materials for any other purpose is a violation of Katotec's copyright, trademark, and trade secret rights and others' proprietary rights as well as a breach of this Agreement. The use of any such material on any other website or networked computer environment is prohibited. At any time, Katotec may add, edit, terminate, remove or suspend any portion of the Site or the Services without prior notice.

ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY KATOTEC AND ITS PROVIDERS.

Account Security

If you choose to create an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account and password, and that you will not sell, transfer or assign your account to others. You are responsible for maintaining the confidentiality of your username and password so that others may not access any members-only portions of this Site using your account or identity. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Katotec of any unauthorized use of your account.

Content

While using this Site, you may not:
  • engage in unlawful conduct;
  • distribute or publish through this Site any Content which is libelous, defamatory, obscene, sexually explicit, threatening, intentionally misleading, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, that would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any law;
  • distribute or publish any material that infringes any copyright, trademark, patent, or trade secrets;
  • distribute or publish any advertisements, commercial messages or public announcement;
  • collect or use email addresses via this Site;
  • distribute viruses, Trojan horses, or other computer programming routines or engines that are intended to damage, interfere with, surreptitiously intercept or misappropriate any system, data or information;
  • employ any data-mining or data-extraction tools;
  • employ misleading or false email addresses, through identifiers, to disguise the origin of content transmitted through this Site;
  • access data not intended for you or log onto a server or network or breach security to authentication measures without proper authorization.
Please be aware that any Content you post on, upload or distribute through a message board, or any similar feature will be accessible by other users of this Site. Be sure that such information is Content you are comfortable sharing with the public.

You are solely responsible for any Content you post, publish or transmit on this Site. Katotec is not responsible for the Content or accuracy of any information published or transmitted through this Site by you. You acknowledge and agree that Katotec may remove or edit, in whole or in part, any piece of Content at any time for any reason, at Katotec's sole discretion.

Any informational Content provided on this Site, including without limitation, the opinions and/or recommendations of any other users, are not intended to substitute any professional advice. Without limitation of the Disclaimer paragraphs set forth below, Katotec makes no representations or warranties regarding, and expressly disclaims any and all liability concerning any action by any person following the information offered or provided within or through this Site. If you have concerns or a situation in which you require professional advice, then you should consult a qualified professional in the relevant field.

Software

When a Product supplied by us includes software (“Software”), the license of the Software belongs to us or by the relevant licensor. This Software will be subject to the agreement (“Agreement”) as stated:
  • License Grant: A non-exclusive, non-transferable and limited license of the Software is granted to you for your non-profit use by Katotec. You are allowed to install and use the Software on your computer. You are allowed to make only one copy of the Software solely for backup purposes, provided that both the original and backup copies are kept in your possession.
  • Restrictions:
    You will have no right to:

    • Remove or change any copyright notices on any of our Software.
    • Copy, modify, adapt nor merge the Software with another program, except as stated in part (a).
    • Decompile, disassemble, reverse engineer or make any attempt to obtain the source code of any such Software.
    • Upload or place the Software onto a server in such a manner that makes it accessible on a public network such as the Internet.
    • Distribute, rent, lease or sublicense any portion of the Software.
  • Limitation of Liability: To the maximum extent legally permitted, whether or not we were made aware or advised of the possibility of harm, and whether or not the limited remedies provided herein fail of their essential purpose, Katotec shall in no circumstance be held liable for your inability to use the Software. We will also not be liable for any loss of data or for any incidental, indirect, or consequential damages, lost profits, revenue, or cost of cover.
  • Ownership & Reserved Rights: Katotec will remain the title-holder of all rights and interest of the Software, including and without limitation, all copyrights, patents and intellectual property rights to the Software.
  • Termination: This Agreement takes effect upon your use of the Software, up until the time you terminate. Katotec reserves the right to terminate your use of the Software if your fail to comply with this Agreement. Upon termination, you will have to discontinue use of the Software and destroy all copies in your possession.
  • General: This Agreement is an exclusive agreement between Katotec and yourself, concerning the Software. You will have no right to transfer this Agreement or any of its obligations to any third party. This Agreement may not be modified or amended, except in writing, with Katotec’s expressed consent.
Any Software downloaded may not be copied, translated, adapted, made available, circulated, varied, customized, disassembled, reverse engineered or combined with any other software, except in the following situations:
  • that it is permissible in this Agreement, or
  • applicable law explicitly consents such a right
With the exception of us providing otherwise in writing and under the Agreement, the Software is provided 'as is' and without any warranties, terms or conditions, or communication with description. No warranties or guarantees are provided in relation to the installation and configuration of the Software.

Third Party Interactions

Your interactions with third parties including without limitation, advertisers that you encounter via this Site are solely between you and such entity. You agree that Katotec is not responsible for any dispute, loss or damage of any sort incurred as a result of any such dealings. You acknowledge that Katotec does not endorse or verify any third party advertisements, products or services and does not confirm the identity of each user of this Site. It is your sole responsibility to research and verify the legitimacy of any organization or individual on this Site. You are solely responsible for your decision to correspond with any third party.

Termination

Katotec reserves its right, in its sole discretion and without notice to you, to restrict your access to all or part of this Site for any reason, including without limitation for extended periods of inactivity.

These Terms of Use are effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from this Site or Katotec, and all related documentation and all copies and installments thereof whether made under the Terms of Use or otherwise.

This Agreement will terminate immediately without notice from this Site, if in Katotec's sole discretion:
  • you fail to comply with any term or provision in these Terms of Use;
  • you repeatedly infringe any third party's rights; or
  • you engage in conduct that is illegal, or that interferes with the technological operation of this Site or that is otherwise objectionable.
Upon termination, you must destroy all materials obtained from this Site, or Katotec, and all copies thereof, whether made under the Terms of Use or otherwise.

Katotec “As-Is”

Katotec makes no representations or warranties with respect to the services or its contents, which are all provided for use “As-is” and “As-available”. Katotec disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose and the implied warranty of non-infringement with respect to this Site and any website with which it is linked. Katotec does not warrant the functions, information or links contained on this Site or that its contents will meet your requirements, that this Site, or its contents are fit for any particular purpose or that the operation of this Site or its contents, will be uninterrupted or error-free, that defects will be corrected or that this Site or the server that makes it available are free of viruses, trojan horses, or other harmful components. Katotec does not warrant or make any representations regarding the use or the results of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Katotec) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not follow the exclusion of implied warranties, so the above exclusion may not apply to you.

You hereby acknowledge and agree that by accessing this Site, that under no circumstances, including, but not limited to, negligence, shall Katotec be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this Site, even if Katotec or a Katotec authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Katotec’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.

By using this Site, you agree to indemnify, defend and hold harmless Katotec, from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including without limitation reasonable attorneys' and other legal fees and costs) arising out of or relating to:
  • your violation of these Terms of Use or law, rule or regulation;
  • a claim that is based on your use of any Content on this Site; or
  • any Content uploaded by you or through your computer to this Site or otherwise sent by you to this Site.
You will co-operate fully as required by Katotec in the defense of any claim. Katotec reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and you will not in any event settle any claim without the prior written consent of Katotec.

Katotec’s Brand

You may only link to the home page of this Site and the link must be in plain text, unless otherwise approved in writing by Katotec. Any such link must not damage the goodwill associated with Katotec and/or any intellectual property. Any such link must not create the false appearance or impression that your website and/or organization is sponsored, affiliated or associated with Katotec. You may not link this Site from any website that is unlawful, abusive, obscene, that promotes illegal acts or that is inappropriate in Katotec’s sole discretion. Katotec reserves the right, in its sole discretion, to terminate any link from any website.

Copyright

Katotec respects the intellectual property of others. If you believe that your work has been copied in a way that your intellectual property rights have been infringed, please provide Katotec the following information:
  • a description of the intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing can be found on this Website;
  • your name, your address, telephone number and email address;
  • a statutory declaration, stating:

    • that in good faith you believe that an act which constitutes an infringement of the intellectual property rights in question was carried out on the Website;
    • the grounds for your belief; and
    • any other information you may think is useful.
Claims of intellectual property infringement should be sent to the Legal Department of Katotec.

Katotec Pte. Ltd. (Singapore)
21 Serangoon North Ave 5,
#07-06, Ban Teck Han Building,
Singapore 554864

E-mail: legaldept@katotechnology.com

Miscellaneous

The use of the Website, and/or Services, and any question or dispute arising from the use shall be construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore Courts.