Thank you for accessing www.zuken.com ("this Website").

This Website is operated by Zuken Limited, (company number (956340), and its associated companies. This Website contains technical and other information about us and our associated companies, and the products and services we supply ("the Content"). These terms ("these Terms") are designed to help you access and use this information correctly. They apply to you, and, if you use this Website for commercial reasons, they also apply to the company or organization for whom you work. Please read these Terms before using this Website.

In addition, when you use any service offered by us on this Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.

Applicability
By using this Website you signify your acceptance of these Terms in return for which we grant you access to this Website. If at any time you do not wish to accept these Terms then you should not use this Website.

This Website contains links to websites, web pages and services also operated by us or our associated companies ("Zuken Sites"), and your use of each Zuken Site is also subject to these Terms and other any terms and guidelines, contained within each Zuken Site. In the event that any of the terms, conditions, and notices contained herein conflict with the terms and guidelines contained within any particular Zuken Site, then the terms and guidelines for such Zuken Site shall prevail.

From time to time we may change these Terms. Accordingly, please continue to review the Terms whenever accessing or using this Website. If we change these Terms then we will post a notice on this Website drawing the changes to your attention.

NOTE: Please do not confuse these Terms with our terms and conditions of business which govern the terms upon which we will supply goods and services (including maintenance). Please refer to our terms and conditions of business, which are available from our local offices.

Download rights
The Content of this Website is provided for your information and to facilitate your commercial relationship with us. You acquire no rights or licences in or to the Website and/or the Content other than the right to use this Website in accordance with these Terms.

You may use, copy and distribute any of the Content provided that:-

• the integrity of the Content is maintained and we are acknowledged as its source.
• the copyright notice "© Zuken Limited 2007" appears on all copies. Where any third party material appearing in this Website is used, copied or distributed by you, the copyright notice pertaining to that third party material must also appear on all copies.
• if any of the Content is distributed to a third party, such distribution is not for commercial purposes and the third party is made aware that these conditions apply to it and its use of the Content.

You may not offer for sale or sell the Content or any part thereof. You may not use the Website or the Content to construct a database of any kind, store the Website (in its entirety or in any part) in databases for access by you or any third party, or distribute any database websites containing all or part of the Website.

If you want to obtain our permission to use the Website or any of the Content other than as described in these Terms then please contact info@zuken.co.uk

Intellectual property
This Website, including the Content, is protected by copyright and/or other proprietary rights. The Content may include content owned and controlled by third parties and licensed to us. All individual articles, reports and other elements making up this Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained on this Website.

You have no ownership rights or licences in any of our trading names, trademarks (including, without limit, the trademarks CR-5000, VISULA, CADSTAR, CR-5000 Lightning, EM Designer and Theda) or in the Content except for the right to use this Website and to download and use the Content in accordance with these Terms.

You agree to email us at info@zuken.co.uk as soon as you become aware of any unauthorized use of this Website by anybody, or of any claim that this Website or any of the Content infringe any copyright or other rights of any other party.

We may, in appropriate circumstances and at our discretion, remove or disable access to material on this Website that infringes on the rights of others.

Hyperlinks
If you wish to make this Website available as part of another website, whether by hyperlink or otherwise, you must first obtain our prior written consent to do so. If you want to obtain our consent then please contact info@zuken.co.uk

Websites or pages which we have linked to this Website are for your information only, and products and service information on them are the sole responsibility of each individual supplier. We have no responsibility for the content of these websites or pages and we accept no responsibility or liability for any losses or penalties that you may incur as a result of that content. References to any products, software, services, hypertext links to third parties or other information by trade name or otherwise do not necessarily constitute or imply their endorsement by us.

Any dealings between you and any advertisers or merchants found on or via this Website, including the downloading of any software, the payment for and delivery of products or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.

Accuracy of information
While we have endeavored to ensure the accuracy of the information accessed via this Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of such information.

We may change the Contents, or the specifications of our products and services, from time to time, or withdraw certain products and services. We will only be contractually bound by any specifications in accordance with our terms and conditions of business.

Information we publish on this Website may contain references or cross references to certain of our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country. You should consult your local Zuken office for information regarding the products, programs and services that may be available to you.

Software
Software that is made available to download from this Website ("Software") is the copyrighted work of Zuken Limited and/or its associated companies or suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.

For any Software not accompanied by a Licence Agreement, we hereby grant to you, the user, a personal, non-transferable, non-exclusive license to use the Software for your own internal, evaluation purposes. You may not use it for commercial gain or for any other purposes whatsoever. In addition, you must keep intact all copyright and other proprietary notices relating to the Software. Other than for back-up purposes, you may not make copies of the Software.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE STATED IN ANY APPLICABLE LICENCE AGREEMENT. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE RELEVANT LICENCE AGREEMENT.

Warranties
THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND ALL WARRANTIES OF ANY KIND ARE EXCLUDED AS FAR AS IS PERMITTED UNDER APPLICABLE LAW INCLUDING (BUT NOT LIMITED TO) THE EXCLUSION OF WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.

We accept no responsibility or liability for functions contained on this Website, and we do not guarantee that this Website will operate uninterrupted or error-free or that defects will be corrected. (Please note that some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you).

We do not guarantee that this Website is compatible with your computer hardware and software, or that this Website or its server is free of errors or viruses, and we are not liable for any damage you may suffer as a result of any such destructive features.

We are also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access this Website, or for Content provided by third parties.

If you are a consumer, these Terms do not affect your statutory rights or your legal rights.

Where this Website refers to "lifetime warranties", "test certificates", "guarantees", "guarantees of quality and customer care" or any other similar guarantees or warranties relating to our goods and services, you should not rely on this Website. You should refer instead to our terms and conditions of business.

Liability
You acknowledge that you use this Website, including the Contents, at your own risk. If you are dissatisfied with this Website, these Terms or any or the Content then your only remedy is to stop using this Website.

EXCEPT FOR FRAUD, PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EXEMPLARY OR LOST PROFITS, OR ANY OTHER DAMAGES OF ANY KIND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF YOU HAVE NOTIFIED US OF THE POSSIBILITY.

(Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages so this limitation or exclusion may not apply to you).

Prohibited access
You access this Website on your own initiative and you are responsible for complying with local laws and regulations. This Website is not meant to be used in any jurisdiction where, for any reason, the publication or availability of this Website is prohibited, and we do not represent that this Website complies with laws in all jurisdictions. You should seek legal advice if you are in doubt, and if necessary you should not access this Website.

Our losses
You agree to indemnify us against any claims, demands or legal proceedings brought against us by a third party if they are a result of your use of this Website or your other actions or omissions. Your "use" of this Website includes any use by a third party where that third party accesses this Website using your computer. You agree to pay us all costs, damages and expenses (including reasonable legal fees) awarded against us or otherwise incurred by us, arising from any such claims, demands or legal proceedings.

Postings by you
This Website contains certain discussion forums, bulletin board services, communities and/or other message or communication facilities (collectively "Communities"). Much of the content of the Communities is provided by, and is the responsibility of, the third party creator of the Community or the person posting it in that Community. We have no responsibility for such content and are merely providing access to it as a service to you.

Permitted uses
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and materials that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

• publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any unlawful material.
• post any material that infringes any legal or proprietary right of any party (including the right of privacy and publicity) of any party ("Rights") unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
• post any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
• advertise or offer to sell any goods or services for any commercial purpose unless you have our specific written permission to do so.
• conduct or forward surveys, contests, pyramid schemes or chain letters other than in Communities intended for such uses.
• download any file Posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels relating to any material contained in a file that is Posted.
• restrict or inhibit any other user from using and enjoying this Website

No obligation to monitor
We do not control the information delivered to the Communities and we have no obligation to monitor the Communities. However, we reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police or governmental request or to edit, refuse to Post or remove any information or materials (in whole or in part) for any reason whatsoever in our sole discretion.

No endorsement
We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk. We specifically disclaim any liability with regard to the Communities and any actions resulting from your participation in any Community. We expect that you will use caution and common sense and exercise proper judgement when using the Communities.

Company's rights
We may in our sole discretion remove or request the removal of any communication on the Website, but we shall have no liability or responsibility for such removal. You acknowledge that some Communities available through this Website are available only through this Website, and others are available both through this Website and other sources over which we have absolutely no control.

Privacy
You acknowledge that all Communities are public and not private communications and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself in any Community. Generally, any communication which you Post to this Website (whether in discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by us as confidential, that fact will be stated on those pages.

License grant
By Posting communications on or through this Website you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform and display any communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy policy
This privacy policy applies to any personal information which is given by you to us ("User Information") via this Website other than that which is Posted in any Community.

When using this Website you will encounter areas such as the Communities or registration forms where you may be asked to enter User Information. Such User Information will only be used for the purposes stated at the collection point or in accordance with this privacy policy. If you choose not to register or provide User Information you can still use parts of this Website. However, you will not be able to access areas that require registration.

We will use the User Information for the following primary purposes:-

• register your information for events
• build databases and mail you with appropriate material
• to make this Website easier for you to use by not having to enter information more than once.
• to help you quickly find software, services or information on this Website.
• to help us create Content most relevant to you.
• to alert you to product upgrades, special offers, updated information and other new services from Zuken.

We will not sell the User Information to unaffiliated third parties without your approval. If applicable, you will have the opportunity to indicate whether you would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from us and/or any third parties.

We reserve the right to perform statistical analyses of user behavior and characteristics in order to measure interest in, and use of, the various areas of this Website. We will provide only aggregated data from these analyses to third parties. We are not responsible for any actions or policies of any third parties who request personal information and you should check the applicable privacy policy of such party.

You should be aware that information and data may be automatically collected through the use of "cookies". "Cookies" are small text files a website can use to recognize repeat users and allow us to observe behavior and compile aggregate data in order to improve this Website and to target its advertising. Cookies do not attach to your system and damage your files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.

You may notify us of any updates, amendments and corrections to previously collected User Information by contacting us at info@zuken.co.uk. In addition, upon your request, we will use commercially reasonable efforts to delete your User Information from our database.

We are aware of, and we will comply with, our obligations under current data protection legislation in the UK.

If you have any questions about our use of your personal details then please contact us at info@zuken.co.uk.

Miscellaneous
Force Majeure
If there is any failure or delay in performance of our obligations resulting from events or circumstances not reasonably within our control, we will not be liable or have any responsibility of any kind for loss or damage incurred by you.

Export control
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, or any of the Content (or any product thereof) directly or indirectly to any countries that are subject to USA export restrictions or otherwise.

Termination
We shall have the right immediately to terminate your use of this Website if we determine, in our sole discretion, that you have breached these Terms, or otherwise been engaged in conduct which we determine, in our sole discretion, to be unacceptable.

Governing law and jurisdiction
These Terms are governed by the laws of England and Wales and you irrevocably agree that the courts of England are to have exclusive jurisdiction in relation to any claim that you may bring against us arising out of a dispute relating to these Terms.

Each provision of these Terms stands alone, and if any provision is or becomes invalid, or contravenes any applicable regulations, the remaining provisions will not be affected.

You acknowledge that in accepting these Terms you have not relied upon (and that we have not made) any statements, promises or given any opinions or recommendations whatsoever that are not expressly contained in these Terms.

Our rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time we waive any breach of any obligation arising under these Terms then that does not mean we have waived any other breach, and we shall subsequently have the right to enforce all obligations.

©Zuken Ltd 2007