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The following comprises terms and conditions ("Terms") forming a legal agreement between you and Johnson Controls - Hitachi Air Conditioning (India) Ltd. ("Hitachi"). By accessing, browsing and/or using this Web Site ("Site"), you acknowledge that you have read, understood and agreed without limitation or qualification, to be bound by these Terms. If you do not agree to these Terms, do not use this Site. The communications and materials provided on this Site are protected by law, including, but not limited to, India Copyright Law and international treaties.
This Site is controlled, operated and administered by Hitachi. Hitachi makes no representation or any warranty that the communications and materials in this Site are appropriate or available for use whether within India or in any other locations out of India. Any access to communications and materials from territories where their contents are illegal is prohibited. If you choose to access this Site, you do so on your own initiative and are responsible for compliance with applicable laws.
All communications and materials available on this Site, including but not limited to audio, images, software, text and video clips ("Contents"), are protected by applicable copyright laws and international conventions. The copyright in all Contents provided on this Site is held by Hitachi. Any unauthorized use of the Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Hitachi maintains this Site for your personal information, education, and communication only. Hitachi authorizes you to view and grants you a non-exclusive, non-transferable, limited right to copy, display, distribute and download the Contents at this Site only for your personal, non-commercial use, provided that you do not modify the Contents and retain all copyright and other proprietary notices contained in the Contents. Except as stated herein, none of the Contents shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or used for any public or commercial purposes, without the prior written permission of Hitachi.
For purposes of these Terms, any use of the Contents on any other Web site or networked computer environment for any purpose is prohibited. If you breach any of the aforesaid terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Contents. You also may not, without Hitachi's permission, "duplicate" any Contents contained on this Site on any other server. Notwithstanding anything to the contrary contained in this Site, Hitachi neither warrants nor represents that your use of Contents displayed on this Site will not infringe rights of third parties not owned by or affiliated with Hitachi.
Nothing in this Site is deemed to have granted you any license to utilize the proprietary logos, service marks and trademarks found on this Site. Any use by you of the proprietary logos, service marks and trademarks found in this Site constitutes an infringement of any intellectual property rights of Hitachi or its holding, subsidiary, related, associated or affiliated companies, as the case may be, therein and you hereby agree to indemnify and keep Hitachi or its holding, subsidiary, related, associates or affiliated companies indemnified against all losses, damages, costs and expenses whatsoever arising as a result thereof.
If you download any software from any sub site within this Site ("Software"), use of the Software is subject to the terms in the relevant Software License Agreement that accompanies or is provided with the Software. You shall not download or install the Software until you have read and accepted the terms of the Software License Agreement.
If you send any information, materials or other communications transmitted or posted to this Site by electronic mail or otherwise, including but not limited to any comments, data, questions, suggestions or the like ("Communications"), all such Communications are, and will be treated as, non-confidential and non-proprietary.
Hitachi shall be entitled but not obliged to adapt, broadcast, distribute, change, copy, incorporate, disclose, license, perform, post, publish, sell, transmit or other wise use any Communications including any concepts, ideas, know-how or techniques contained therein, anywhere in the world, at any point of time, in any medium and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such Communications without any compensation to you.
You shall be deemed to have waived any rights of claim pertaining to the use of such Communications including but no limited to right of claiming that such use violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for Communications or ideas, or any other right.
You agree not to post, send, transmit, upload or otherwise publish through this Site, any Communications that (1) interfere with anyone else's use of this Site; (2) are abusive, illegal, indecent, obscene, pornographic, offensive or threatening in any way; (3) are libelous, slanderous or any manner defamatory (4) encourage any conduct that would be considered a criminal offense or give rise to civil liability law; (5) violate anyone's copyright or other property right; (6) interfere with the privacy of any other user; (7) contain a virus or any other harmful component; or (8) contain false or misleading statements of fact or descriptions of the origin of the Communications. Hitachi shall be entitled to fully cooperate with any law enforcement authorities or court order requesting or directing Hitachi to disclose the identity of anyone posting such Communications. Hitachi reserves the right to change, edit or remove any such Communications or any other Communications which are unacceptable or violate Hitachi's policies in any way.
Hitachi may, but is not obligated to, monitor or review any areas on this Site where you transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Accordingly, Hitachi assumes no liability or responsibility in respect of the same.
You understand and acknowledge that Internet transmissions are never completely private or secure and that any Communications transmitted or posted by you to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). You also acknowledge that Hitachi shall have no responsibility whatsoever in respect of such Communications.
This Site may contain links to other third party Internet sites on the World Wide Web. However, these links to such other third party Web sites from this Site are provided solely for your convenience only. At any point of time if you use these links, you shall be deemed to have left this Site. Hitachi has not reviewed all of these third party sites linked to this Site and does not control nor is responsible for any of these sites or their content. Accordingly, Hitachi does not endorse, recommend or make any representations or warranties in respect of these sites or their content including but not limited to any information, software or other products or materials found there, or any results that may be obtained from using them and are not responsible for the same. Your linking to such other third party Websites is solely at your own risk and costs. For the avoidance of doubt, "other third party Internet sites" shall mean any Web site other than this Site.
YOU HAVE USED THIS SITE SOLELY AT YOUR OWN RISK. THIS SITE AND ALL CONTENTS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE ARE PROVIDED ON "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Hitachi makes no representations or warranties about the accuracy, completeness or suitability of the Contents in this Site for any purpose. Neither does Hitachi represents and warrants that your use of the Contents in this Site will not infringe any rights of third parties not owned by or affiliated with Hitachi. The Contents in this Site may be out of date and Hitachi makes no commitment to update the Contents in this Site. Hitachi may make changes to the Contents at this Site, at any time without notice. The Contents published at this Site may refer to products, programs or services that are not available in your country. Please consult your local Hitachi business contact for information regarding the products, programs and services in this Site that may interest you.
UNDER NO CIRCUMSTANCES WHATSOEVER INCLUDING BUT NOT LIMITED TO HITACHI'S NEGLIGENCE, WILL HITACHI, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, ACCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF (1) THE USE, (2) INABILITY TO USE, (3) THE RESULTS OF USE OF THIS SITE AND ANY WEB SITES LINKED TO THIS SITE, (4) THE CONTENTS CONTAINED IN THIS SITE AND ANY WEB SITES LINKED TO THIS SITE, OR (5) ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE AND WHETHER HITACHI, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. IF YOUR USE OF THE CONTENTS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN SOME JURISDICTIONS, THE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Hitachi and all of its agents, directors, officers, employees, information and service providers and licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in Hitachi's defense of any claim. Hitachi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hitachi.
You may not use or export or re-export the Contents posted at this Site or any copy or adaptation thereof in violation of any applicable export control laws or regulations including without limitation INDIA export laws and regulations.
Hitachi may add to, change or remove or otherwise revise any part of these Terms or other terms posted at this Site at any time, without notice. Any changes to these Terms or any other terms posted on this Site shall apply and be effective as soon as they are posted at this Site. Hitachi may add, change, discontinue, remove or suspend any of the Contents posted on this Site, including features and specifications of products described or depicted on this Site, temporarily or permanently, at any time, without notice and without liability. By continuing to use this Site after any of the aforesaid changes are posted, you are indicating your acceptance of those changes.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
You agree to comply with any additional terms which are referred to on this Site or any sub site within this Site.
These Terms together with the other terms posted on this Site constitute the entire agreement between Hitachi and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
These Terms are governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of laws
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