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Terms of Use

By using the web site, you agree to be bound by these terms of use. Please read carefully.

  1. Terms of Use
  2. Descriptions of Products and Services
  3. Scope of Use
  4. Disclaimer
  5. Limitation of Liability
  6. Links
  7. Privacy and Email
  8. Employment Opportunities
  9. Location
  10. Proprietary Rights
  11. Rules of Conduct
  12. User Submissions
  13. Usage Monitoring
  14. Password Protected Areas
  15. Software
  16. Demonstration Functionality
  17. Miscellaneous
  18. Applicable Law and Jurisdiction

1. Terms of Use

The following terms of use ("Terms of Use") apply to all current and future users (each, a "User") of this ProLabs Limited ("ProLabs") web site (the "Web Site"). Each User accepts the Terms of Use by accessing this Web Site. If a prospective User does not agree to these Terms of Use, such User should not use this Web Site. ProLabs reserves the right to revise the Terms of Use from time to time, at its sole discretion; therefore, Users should periodically review this page for any revisions. A User's continued use of this Web Site following the posting of changes to the Terms of Use constitutes acceptance of the revisions. ProLabs reserves the right to seek all remedies available under relevant law for a User's violation of the Terms of Use including, without limitation, suspending or blocking such User's access to the Web Site.


2. Descriptions of Products and Services

At its sole discretion, ProLabs reserves the right to modify, update, or discontinue at any time without notice, any of its products, services, and/or specifications for products and/or services described on this Web Site, including the availability of such products and services. Products or services described on this Web Site may not be available in all geographic areas. The information on this Web Site does not constitute an offer to sell any products or services.


3. Scope of Use

ProLabs invites a User to view, use and download sample portions of content including, without limitation, text, graphics, software, pictures, data, product descriptions, and audio and video files on this Web Site ("Content") for a User's informational, non-commercial use; provided, however, that all copyright, trademark and other proprietary rights notices are left intact. Please note that such download and use of Content to evaluate whether to purchase products or services from ProLabs or otherwise enter into a business relationship with ProLabs shall not constitute commercial use. A User may not store, modify, display, perform, reproduce, transmit or distribute a significant portion of the content on this Web Site, or the design or layout of the Web Site or individual sections thereof, in any form or media. The commercial use, reproduction, duplication, copying, selling, reselling, transmission, distribution or other exploitation of any Materials (as defined in the paragraph below) without the prior written consent of ProLabs is strictly prohibited.


4. Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE LICENSE OR PURCHASE AGREEMENT WITH ProLabs, IF ANY, THIS WEB SITE, ANY SOFTWARE, CONTENT, INFORMATION, PRODUCTS, DATA AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE, INCLUDING FICTITIOUS DATA FOR DEMONSTRATION PURPOSES ONLY (COLLECTIVELY, "MATERIALS"), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR QUIET ENJOYMENT. NEITHER ProLabs NOR ANY PERSON OR COMPANY CONNECTED WITH ProLabs MAKES ANY WARRANTY THAT (A) THE MATERIALS ARE ERROR FREE, COMPLETE, RELIABLE OR CURRENT, (B) USE OF THE MATERIALS WILL BE UNINTERRUPTED, (C) DEFECTS WILL BE CORRECTED, (D) THE MATERIALS OR THE ProLabs SERVERS WILL BE COMPLETELY SECURE, AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL DEVICES OR (E) THE RESULTS OBTAINED BY THE USE OF THE DEMONSTRATION COMPONENTS OF THIS WEB SITE WILL REFLECT THE ACTUAL RESULTS OBTAINED BY THE USE OF ProLabs's PRODUCTS AND/OR SERVICES. THE FOREGOING DISCLAIMERS ARE SUBJECT TO APPLICABLE LAW AND MAY NOT APPLY IN THEIR ENTIRETY BUT SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.


5. Limitation of Liability

ProLabs AND ALL PERSONS AND COMPANIES CONNECTED WITH ProLabs SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS, EVEN IF ProLabs OR ANY PERSON OR COMPANY CONNECTED WITH ProLabs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, RELIANCE BY ANY USER OR PERSON ON THE MATERIALS, MISTAKES, DELAYS OR INTERRUPTIONS IN THE USE OF THE WEB SITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE OR THE MATERIALS) SAVE THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE ProLabs'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. USE OF THIS WEB SITE AND THE MATERIALS IS AT A User's OWN RISK. THE FOREGOING LIMITATIONS ARE SUBJECT TO APPLICABLE LAW AND MAY NOT APPLY IN THEIR ENTIRETY BUT SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ProLabs HAS NO CONTROL OVER, AND SHALL HAVE NO LEGAL LIABILITY FOR, ANY DAMAGES RESULTING FROM THE USE OF ANY INFORMATION THAT A USER CHOOSES TO MAKE PUBLICLY AVAILABLE, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM REPUBLICATION, BY ANY THIRD PARTY OF INFORMATION VOLUNTARILY MADE PUBLIC BY A USER. IF A USER HAS ANY PROBLEMS WITH THIS WEB SITE, ITS SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THIS WEB SITE.


6. Links

This Web Site may have links to web sites operated by third parties. ProLabs provides third party links as a convenience, and Users accessing any Internet web site linked to this Web Site do so at their own risk. Because linked sites are not under ProLabs's control, ProLabs is not liable for the accuracy or reliability of any information, data, opinions, advice, security protocols, statements, or other products, information, or services made on third party web sites. Such links do not constitute or imply ProLabs's endorsement, sponsorship, or approval for any content on third party web sites or locations and ProLabs disclaims all liability with regard to a User's access to such linked web sites.

NO PERSON MAY LINK TO THIS WEB SITE WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORISED REPRESENTATIVE OF ProLabs.


7. Privacy and Email

Please refer to our privacy statement for details of how ProLabs may collect and use a User's personal data.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing or providing any personal or confidential information.


8. Employment Opportunities

ProLabs is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to any status protected by applicable law.


9. Location

This Web Site is operated by ProLabs from its offices in England. ProLabs makes no representation that the information and content in this Web Site is appropriate or available for use in other locations, and access to the Web Site from territories where the content of this Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.


10. Proprietary Rights

All of the content on this Web Site including, without limitation, all Materials and all intellectual property rights therein are the property of ProLabs or its licensors, and are protected by U.K. and international copyright laws. The ProLabs logo is a trademark of ProLabs. No rights or licenses are granted or implied herein to use any trademarks of ProLabs. Except as expressly provided under the "Scope of Use" section above, a User may not use, reproduce, modify, transmit, distribute, publicly perform or display any of the Materials or ProLabs's trademarks without prior written permission of ProLabs. All other corporate logos and product marks represented on this Web Site are registered trademarks of their respective companies. All of the Materials on this Web Site and downloads are Copyright © 2006, ProLabs Limited or its licensors.


11. Rules of Conduct

Certain areas of this Web Site may permit Users to upload or post Content (such as messages and feedback) or to otherwise interact with the Web Site and its participants. It is a violation of these Terms of Use for any User, when using this Web Site, to:


Each User of the Web Site


12. User Submissions

By submitting Content to the Web Site (such as feedback or postings), each User grants ProLabs a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable (through multiple tiers) license to use, reproduce, cache, store, edit, modify, publicly perform, publicly display, distribute and transmit such Content for any purpose, and waives any moral rights and publicity rights in such Content.


13. Usage Monitoring

ProLabs does not pre-screen the Content that Users submit to the Web Site, and ProLabs shall not be responsible for policing, monitoring or editing such Content. ProLabs shall have the right, but not the obligation, to monitor User-provided Content and use of this Web Site to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies and procedures of ProLabs. ProLabs shall have the right in its sole discretion to refuse to post or to remove any Content on the Web Site that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to a User. ProLabs will look into possible violations when information that is sufficient to warrant an investigation is brought to ProLabs's attention.


14. Password Protected Areas

Access to and use of password protected or other secured areas of this Web Site is restricted solely to authorised Users. Each such authorised User shall ensure that any username and password issued to them is kept safe, secure and protected from unauthorised copying and disclosure and that this Web Site is protected from unauthorised access via the User's username and password. Each authorised User shall immediately notify ProLabs of any unauthorised use or breach of security in relation to their username and password as soon as they become aware of the same. Users shall not enter any password protected or other secured areas of this Web Site via any username other than their own.


15. Software

Any software downloaded from this Web Site shall be subject to the applicable license agreement between ProLabs and the User for such software.


16. Demonstration Functionality

Parts of or links available through this Web Site are provided for demonstration purposes only and permit Users to use the fictitious data presented in such demonstration components as a resource for learning about the products and services that ProLabs and its related companies provide. Any resemblance of such Content to reality, including, without limitation, the names of companies is entirely coincidental and no association with reality is intended or should be inferred. ProLabs shall not be liable for any such resemblance, or for any reliance by the User on such Content. ProLabs may make improvements and/or changes to the features, functionality or Content of the Web Site at any time including, without limitation, improvements and/or changes to any demonstration components accessible through this Web Site and any fictitious data provided as part of such components.


17. Miscellaneous

These Terms of Use and the documents referred to herein represent the entire understanding, and constitute the whole agreement, in respect to their subject matter and supersede any previous agreement between the parties with respect thereto.

The waiver by ProLabs of a breach or default of any of the provision of these Terms of Use by a User shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of ProLabs to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by a User.

If any provision of the Terms of Use is determined under applicable law to be unlawful, invalid, or unenforceable, the validity and enforceability of any other provision shall not be affected.


18. Applicable Law and Jurisdiction

These Terms of Use will be governed by the laws of England and, notwithstanding the jurisdiction where a User may be based, each User agrees to submit to the non-exclusive jurisdiction of the English Courts over any claim or matter arising under or in connection with these Terms of Use.

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