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GemX ("GemX") makes information available on this Web site (this "Site"), subject to the following terms and conditions. By accessing this Site, you agree to these terms and conditions. GemX reserves the right to change these terms and conditions at any time without notice. GemX reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved by GemX. These terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting or additional communications.

Copyright

The materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. You may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by GemX in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without GemX's prior written permission.

Copyright Notice

Use of Software

The software and accompanying documentation available for download from this Site are the copyrighted work of GemX and/or third parties. Use of the software is governed by the terms of the end-user license agreement which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement which accompanied the original product being updated will govern. Such software is made available for download solely for use by end-users according to such end-user license agreement. You will not be able or permitted to use, download or install any software unless you agree to the terms of such end-user license agreement.

Use of Site Materials and Information

Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions:

(a) The documents may be used solely for informational, personal, non-commercial purposes;
(b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;
(c) the documents may not be modified in any way; and
(d) GemX reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from GemX.

Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.

Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by GemX.

Submissions, Comments and Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Linking to Site

GemX permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:

May link to, but not replicate, content contained in this Site;
Must not create a frames or border environment or browser around content contained in this Site;
Must not present misleading or false information about GemX's services or products;
Must not misrepresent GemX's relationship with the linker;
Must not imply that GemX is endorsing or sponsoring the linker or the linker's services or products;
Must not use GemX's logos or trade dress without prior written permission from GemX;
Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
Must not contain materials that would violate any laws;
Must agree that the link may be removed at any time upon GemX's request pursuant to GemX's reserved rights to rescind its consent to allow the link.

Links to Other Sites

This Site may provide links to third-party Web sites, which are not under the control of GemX. We make no representations about any other Web site, that you may access through this one. When you access a non-GemX Web site please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to a non-GemX Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site.

Viruses and Destructive Code

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Third-party Products and Services

This Site mentions third-party products and services for informational purposes. GemX makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by GemX "as is", without warranty of any kind, either express or implied.

Disclaimer, Limitation of Liability and Indemnification

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND GEMX, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.

GemX MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT WILL GemX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PREESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF GemX EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD GemX HARMLESS FROM, AND YOU COVENANT NOT TO SUE GemX FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, GemX MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

General

Products and Services Availability

This Site can be accessed from countries around the world and may contain references to GemX services, programs, and products that have not been announced in such country. These references do not imply that GemX intends to announce such services, programs, or products in such country.

Governing Law and Forum

The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the The Netherlands, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of The Netherlands, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.

International Use

GemX controls and operates this Site from its headquarters located in the The Netherlands. We make no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of Dutch export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.

Export Control Laws

Software available on this Site is subject to Dutch export controls. No software from this Site may be downloaded or otherwise exported or re-exported: into any country to which The Netherlands has embargoed goods;

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with The Netherlands export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Registrant Removal

In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.

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