Laser Diode Selection Terms and Conditions of Use
Kokyo Inc. ("Kokyo") offers this web site, Laser Diode Selection (the "Site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Site. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Kokyo may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. Kokyo reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.
The information provided by Kokyo on this Site is provided for informational purposes only. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to Kokyo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
As between you and Kokyo, Kokyo retains full copyright ownership, rights and protection in all material contained on the Site (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of Kokyo.
You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Kokyo.
All content of the Site is Copyright © 2013-2019 Kokyo Inc. All Rights Reserved.
You may not use the Kokyo logo, Kokyo company and product name, other company name, logo and product names in the Site without prior written consent of Kokyo or the third party owner of such logo or name. Your unauthorized use of such logos or names may constitute infringement, which would subject you to substantial legal sanction.
The Site links to other web sites may be operated by third parties. The inclusion of any link to such sites does not imply endorsement by Kokyo of the site, but is for your reference and convenience only. Kokyo has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does Kokyo recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any hyper-linked site.
7.Password Disclosure; Password Protected Areas
If, at any time, you learn or suspect that your user identification number or password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify Kokyo via e-mail or in writing. Upon receiving such notice, Kokyo will assign a new user identification number and/or password to you within a reasonable period of time. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
8.Disclaimer of Warranties
Neither Kokyo nor its employees, agents, partners, or licensors warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Kokyo is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Kokyo.
Kokyo does not assume any liability for the contents of any material provided on this Site. Reliance on any information presented on the Site is at your own risk. No agent or representative has the authority to create any warranty regarding the Site or products or services provided through the Site on behalf of Kokyo. Kokyo reserves the right to change or discontinue any aspect or feature of the Site, or any products or services mentioned on this Site, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.
Kokyo does not assume any liability for the data delay, unsent, cutoff, corruption or any other data-related trouble for use of the Site caused by failure of communication equipment such as provider.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. KOKYO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR KOKYO PRODUCTS OR SERVICES.
IF YOU HAVE ENTERED INTO OTHER TERMS AND CONDITIONS WITH KOKYO IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM KOKYO (THROUGH THE ON-LINE STORE, CATALOG OR OTHERWISE), PLEASE NOTE THAT SUCH TERMS AND CONDITIONS CONTAIN PROVISIONS DISCLAIMING WARRANTIES AND LIMITING LIABILITIES WITH RESPECT TO THE PRODUCTS SUBJECT THERETO, AND SUCH PROVISIONS ARE NOT SUPERCEDED BY THESE TERMS AND CONDITIONS.
9.Limitation of Liability
IN NO EVENT SHALL KOKYO BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE OR SECURITY AND PRIVACY BREACHES RELATED TO THE OBLIGATIONS OF KOKYO, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KOKYO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall agree to defend, and hold Kokyo, their officers, directors, employees and business partners harmless from and against any claims, actions or demands, liabilities and settlements. Kokyo shall not be liable for any damages or losses occurred to third party by your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions.
Kokyo makes no representation that materials on this Site are appropriate or available for use in locations outside of Japan, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from locations outside t of Japan do so at their own risk and are responsible for compliance with local laws. You shall further agree that you will not use, import, export or re-export the materials of this Site, any software or technical data downloaded from this Site or products purchased from this Site, or any copy or adaptation, in violation of any applicable laws or regulations.
12.Intellectual Property Rights Protection
Kokyo respects the intellectual property rights of others in connection with the Site.
You shall agree that Kokyo may immediately terminate your use of the Site if Kokyo reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Kokyo or any third party, or for any reason with or without notice to you. You shall agree that Kokyo may modify or discontinue the Site, with or without notice to you. You shall agree that Kokyo will not be liable to you or any third party as a result of such modification or discontinuation.
14.Choice of Law and Forum
These Terms and Conditions shall be governed by the laws of Japan. The Kyoto District Court of Japan shall be the exclusive jurisdiction with respect to any dispute arising in connection with the Site.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Kokyo with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Kokyo with respect to the Site and the subject matter of these Terms and Conditions.
The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Choice of Law," and "General Provisions" will survive termination of these Terms and Conditions.