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| IMPORTANT - PLEASE READ CAREFULLY |
hese Terms and Conditions of Use ("Conditions") constitutes
a valid and binding agreement between Intervest® Bulgaria Limited
(together with its affiliates, successors and assigns "INTERVEST")
and you ("you," or "your") for the use of the
Intervest® Web page, Network and Services, as those terms are
defined below. You must enter into this agreement in order to view,
install and use such Intervest® Web page, subscription services
and/or Software.
BY INSTALLING AND USING THE INTERVEST® WEB PAGE SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT VIEW, INSTALL OR USE
THE INTERVEST® WEB PAGE SERVICES AND APPLICATIONS.
The Intervest® Web page and the Services are not intended for
use by or availability to persons under the age limit of any jurisdiction
which restricts the use of Internet-based applications and services
according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER
THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS
OR SERVICES, YOU MAY NOT VIEW, INSTALL OR USE THE INTERVEST®
WEB PAGE AND YOU MAY NOT ACCESS THE SERVICES. |
| 1. License Grant. |
| Subject to the terms of this Agreement, Intervest®
Bulgaria Limited hereby grants you a limited, non-exclusive, personal,
non-sub licensable, non-assignable license to download, install and
use the Intervest® Web page, including any online or
enclosed documentation, data distributed to your computer for processing
and any future programming fixes, updates and upgrades provided to
you (collectively, the " Intervest® Web page ")
onto a computer for your sole use to install, interact with and utilize
the Intervest® Web page, including the content and
features contained therein and the services and the Network related
thereto ("Services"). The Intervest® Web
page may only be used in connection with the Services. As used herein,
the term "Network" means the universe of computers connected
to the Internet that are operating the Intervest® Web
page. |
| 2. License Restrictions. |
| (a) Notwithstanding anything to the contrary, you
may not: (i) remove any proprietary notices from the Services, Intervest®
Web page or any copy thereof; (ii) cause, permit or authorize the
modification, creation of derivative works, translation, reverse engineering,
de compiling or disassembling or hacking of the Intervest®
Web page, the Services or the Network; (iii) sell, assign, rent, lease,
act as a service bureau, or grant rights in the Intervest®
Web page or Services, including, without limitation, through sublicense,
to any other entity without the prior written consent of Intervest®
Bulgaria Limited; (iv) export or re-export the Intervest®
Web page in violation of Bulgaria export laws; (v) use the Intervest®
Web services or Services for any commercial purpose or the benefit
of any third party or charge any person for the use of the Intervest®
Web page; or (vi) use the Intervest® Web page or Services
to, or in any way that would violate any applicable law, regulation
or ordinance; (vii) collect any information or communication about
the Network or users of the Intervest® Web page or
Services by monitoring, interdicting or intercepting any process of
the Intervest® Web page or the Network; and (viii)
use any type of bot, spider virus, clock, timer, counter, worm, software
lock, drop dead device, packet-sniffer, Trojan-horse routing, trap
door, time bomb or any other codes or instructions that are designed
to be used to provide a means of surreptitious or unauthorized access
or that are designed to distort, delete, damage or disassemble the
Intervest® Web page, the Services or the Network.
Furthermore, you may not use the Intervest® Web services
or Services to develop, generate, transmit or store information that:
(A) infringes any third party's intellectual property or other proprietary
right; (B) is defamatory, harmful, abusive, obscene or hateful; (C)
in any way obstructs or otherwise interferes with the normal performance
of another person's use of the Intervest® Web page
or Services, (D) performs any unsolicited commercial communication
not permitted by applicable law; (E) is harassment or a violation
of privacy or threatens other people or groups of people; and (F)
impersonates any other person, or steals or assumes any person's identity
(whether a real identity or online nickname or alias).
(b) The Intervest®
Web page and Services contain confidential and trade secret information
owned or licensed by Intervest® Bulgaria Limited, and you agree
to take reasonable steps at all times to protect and maintain the
confidentiality of such information.
(c) The Intervest® Web page and Services may be incorporated into,
and may incorporate, technology, software and services owned and controlled
by third parties. Use of such third party software or services is
subject to the terms and conditions of the applicable third party
license agreements, and you agree to look solely to the applicable
third party and not to Intervest® Bulgaria Limited to enforce
any of your rights. All modifications or enhancements to the Intervest®
Web page and Services remain the sole property of Intervest® Bulgaria
Limited. You understand that Intervest® Bulgaria Limited, in its
sole discretion, may modify or discontinue or suspend your right to
access any of its Services or use any of the Intervest® Web page
at any time, and may at any time suspend or terminate any license
hereunder and disable any Intervest® Web page you may already
have accessed or installed without prior notice. Intervest® Bulgaria
Limited reserves the right to add additional features or functions
to the Intervest® Web page. When installed on your computer,
the Intervest® Web page periodically communicates with Intervest®
Bulgaria Limited servers. You acknowledge and agree that Intervest®
Bulgaria Limited has no obligation to make available to you any subsequent
versions of its software applications. |
| 3. Permission to Utilize. |
In order to receive the benefits provided by the
Intervest® Web page, you hereby grant permission for the Intervest®
Web page to utilize the processor and bandwidth of your computer
for the limited purpose of facilitating the communication between
other Intervest® Web page users.
You understand that the Intervest® Web page will protect the privacy
and integrity of your computer resources and communication and ensure
the unobtrusive utilization of your computer resources to the greatest
extent possible. |
| 4. Proprietary Rights. |
| The Intervest® Web page and Services contain
proprietary and confidential information of Intervest® Bulgaria
Limited, including copyrights, trade secrets and trademarks contained
therein, which are protected by international copyright laws. Title
to and ownership of the Intervest® Web page, including without
limitation all intellectual property rights therein and thereto, are
and shall remain the exclusive property of Intervest® Bulgaria
Limited and its suppliers, and except for the limited license granted
to you, Intervest® Bulgaria Limited reserves all right, title
and interest in and to the Intervest® Web page. You shall not
take any action to jeopardize, limit or interfere with Intervest®
Bulgaria Limited 's ownership of and rights with respect to the Intervest®
Web page and Services. You acknowledge that any unauthorized copying
or unauthorized use of the Intervest® Web page or Services is
a violation of this Agreement and copyright laws and is strictly prohibited. |
| 5. Termination. |
| (a) This Agreement will be effective as of the date
you accept this Agreement, thereby expressly agreeing to the terms
and conditions set forth herein, and will remain effective until terminated
by either party as set forth below. (b) You may terminate this
Agreement at any time provided you cease all use of the Intervest®
Web page and Services AND destroy or remove from all hard drives,
networks, and other storage media all copies of the Intervest®
Web page in your possession. Intervest® Bulgaria Limited may
terminate this Agreement at any time, with or without cause, by
providing notice to you and/or preventing your access to the Intervest®
Web page and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses
and rights to use the Intervest® Web applications and the Services
shall terminate and you must remove the Intervest® Web applications
from your computer equipment and dispose of all originals and copies
of the Intervest® Web applications in your possession, and (ii)
Sections 2, 4, 5(b), and 7 through 13 shall survive such termination. |
| 6. Payment. |
| You acknowledge that certain functions in the Intervest®
Web page are only available to paid subscribers after a free 60 days/
200 entries/ trial period of the Intervest® Web page and Services
(the "Free Trial Period") ends. After the Free Trial Period
ends, you will be presented with the option to subscribe to the Subscription
Services. If you do not wish to subscribe, you acknowledge that you
can not access functions and services only available to paid subscribers.
To subscribe to the Subscription Services you must agree to the terms
and conditions of the Subscription Services. |
| 7. Your Representations and Warranties. |
| (a) You represent and warrant that (i) you possess
the legal right and ability to enter into this Agreement and to comply
with its terms, (ii) you will use the Intervest® Web page and
Services for lawful purposes only and in accordance with this Agreement
and all applicable laws, regulations and policies, (iii) you will
not attempt to decompile, reverse engineer or hack the Intervest®
Web page or the Network or to defeat or overcome any encryption and/or
other technical protection methods implemented by Intervest® Bulgaria
Limited with respect to the Intervest® Web page and/or data transmitted,
processed or stored by Intervest® Bulgaria Limited or other users
of the Intervest® Web page, (iv) you will not take any steps to
interfere with or in any manner compromise any of Intervest® Bulgaria
Limited security measures, any other individual's or entity's computer
on the Network and/or otherwise sharing Services, (v) you will always
provide and maintain true, accurate, current and complete information
as requested by Intervest® Bulgaria Limited, and (vi) you will
only use the Intervest® Web page and Services on a computer on
which such use is authorized by the computer's owner. (b) You agree
that you will not use any automatic or manual device or process
to interfere or attempt to interfere with the proper working of
the Intervest® Web page, Network or Services, except to remove
the Intervest® Web page and related applications from a computer
of which you are an owner or authorized user in a manner permitted
by this Agreement. You may not violate or attempt to violate the
security of the Intervest® Web page, Network or Services. Intervest®
Bulgaria Limited reserves the right to investigate occurrences which
may involve such violations, and may involve, and cooperate with,
law enforcement authorities in prosecuting users who have participated
in such violations.
(c) If Intervest® Bulgaria Limited has reasonable grounds to suspect
that your representations, warranties or promises are inaccurate or
breached, Intervest® Bulgaria Limited may terminate this license,
deny any or all use of the Intervest® Web page and/or Services,
and pursue any appropriate legal remedies. |
| 8. Indemnity. |
| You agree to indemnify, hold harmless and defend
Intervest® Bulgaria Limited and its affiliates, parent companies,
subsidiaries, officers, directors, employees, agents and network service
providers at your expense, against any and all third-party claims,
actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without
limitation, reasonable attorneys' fees and other dispute resolution
expenses) incurred by Intervest® Bulgaria Limited arising out
of or relating to your (a) violation or breach of any term of this
Agreement or any policy or guidelines referenced herein, or (b) use
or misuse of the Intervest® Web page and/or Services. |
| 9. Disclaimer of Warranties. |
(a) THE INTERVEST® WEB PAGE AND SERVICES ARE
PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR
REPRESENTATIONS MADE BY INTERVEST® BULGARIA LIMITED, EITHER
EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE INTERVEST®
WEB PAGE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,
NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE
OF PERFORMANCE, OR TRADE USAGE. INTERVEST® BULGARIA LIMITED
FURTHER DOES NOT REPRESENT OR WARRANT THAT THE INTERVEST® WEB
PAGE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE
WITHOUT PACKET LOSS, NOR DOES INTERVEST® BULGARIA LIMITED WARRANT
ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY
OF CALLS MADE THROUGH THE INTERVEST® WEB PAGE OR THE SERVICES.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE INTERVEST® WEB PAGE AND SERVICES REMAINS WITH
YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE INTERVEST® WEB APPLICATIONS IS UTILIZED AND DISTRIBUTED
BY THIRD PARTIES WHICH ARE UNRELATED TO INTERVEST® BULGARIA
LIMITED. YOU ACKNOWLEDGE THAT VISITING AND/OR INSTALLATION OF THE
INTERVEST® WEB APPLICATIONS WILL ALLOW THIRD PARTIES WHO ARE
NOT AFFILIATED WITH INTERVEST® BULGARIA LIMITED THE ABILITY
TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES").
YOU AGREE THAT INTERVEST® BULGARIA LIMITED WILL NOT BE LIABLE
FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING
BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES AS STATED IN PARAGRAPH 9(a) ABOVE, RESULTING FROM ANY ACTIONS
OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set
forth in this Section 9, some of these exclusions may not apply to
you. |
| 10. Limitation of Liability. |
| (a) IN NO EVENT SHALL INTERVEST® BULGARIA LIMITED,
ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY),
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER
FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO
USE THE INTERVEST® WEB PAGE OR THE SERVICES, EVEN IF INTERVEST®
BULGARIA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION
WITH THE INTERVEST® WEB PAGE APPLICATIONS AND/OR SERVICES IS
TO DELETE AND CEASE USE OF SUCH INTERVEST® WEB PAGE APPLICATIONS
AND SERVICES.
(c) As some jurisdictions do not allow some of the exclusions set
forth in this Section 10, some of these exclusions may not apply to
you. |
| 11. Emergency Calls. |
| BY ACCEPTING THE TERMS OF THIS END USER LICENSE AGREEMENT
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERVEST® WEB PAGE
AND THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY
CALLS TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL
CARE UNITS OR ANY TYPE OF EMERGENCY SERVICES OF ANY KIND AND THAT
INTERVEST® BULGARIA LIMITED, ITS AFFILIATES, PARENT COMPANIES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND NETWORK SERVICE
PROVIDERS ARE NOT NOR SHALL BE LIABLE IN ANY MANNER FOR SUCH CALLS. |
| 12. Electronic Signatures and Agreements. |
| You acknowledge and agree that by clicking on the
button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT"
or such similar links as may be designated by Intervest® Bulgaria
Limited to view, use and/or download the Intervest® Web page applications
and services to accept the terms and conditions of this Agreement,
you are submitting a legally binding electronic signature and are
entering into a legally binding contract. You acknowledge that your
electronic submissions constitute your agreement and intent to be
bound by this Agreement. Pursuant to any applicable statutes, regulations,
rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED THROUGH THE INTERVEST® WEB PAGE APPLICATIONS OR SERVICES.
Further, you hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records. |
| 13. General Provisions. |
Intervest® Bulgaria Limited reserves
all rights not expressly granted herein. Intervest®
Bulgaria Limited may modify this Agreement at any time by providing
such revised Agreement to you or posting the revised Agreement on
its web site located at www.invest-bg.com. Your continued
use of the Intervest® Web page and/or Services shall
constitute your acceptance of such revised Agreement. You may not
assign this Agreement or any rights hereunder. Nothing in this Agreement
shall constitute a partnership or joint venture between you and
Intervest® Bulgaria Limited. Should any term or provision
hereof be deemed invalid, void or unenforceable either in its entirety
or in a particular application, the remainder of this Agreement
shall nonetheless remain in full force and effect. The failure of
Intervest® Bulgaria Limited at any time or times
to require performance of any provision hereof shall in no manner
affect its right at a later time to enforce the same unless the
same is waived in writing. This Agreement shall be governed by and
construed in accordance with the laws of Bulgaria without regard
to its conflict of law rules. Any legal proceeding arising out or
relating to this Agreement will be subject to the exclusive jurisdiction
of any court of Bulgaria sitting in Sofia and you irrevocably consent
to the jurisdiction of such courts. The terms set forth in this
Agreement and any related service agreements constitute the final,
complete and exclusive agreement with respect to the Intervest®
Web page and Services and may not be contradicted, explained or
supplemented by evidence of any prior agreement, any contemporaneous
oral agreement or any consistent additional terms. Intervest®
Bulgaria Limited may at its sole discretion assign this Agreement
to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY
CONTINUING TO USE THE INTERVEST® WEB PAGE, SUBSCRIPTION SERVICES
AND APPLICATIONS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND
CONDITIONS AND GRANT TO INTERVEST® BULGARIA LIMITED THE RIGHTS
SET FORTH HEREIN. |
8 November 2003 |
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