YOU MUST HAVE TO AGREE WITH ALL TERMS & POLICIES
BEFORE USING ATIKOTEK SITES IN ANYWAY. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE THIS WEBSITE.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between
You and
Atikotek relating to their
subject matter, and cancel and supersede any prior versions of the Terms.
No modification to the Terms will be binding, unless in writing and signed
by an authorized Atikotek representative. You must not assign or otherwise
transfer the Terms or any right granted hereunder. You also may be subject
to additional terms and conditions that may apply when You use Atikotek or
third-party products or services.
14.2 You agree that any
material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result
in irreparable harm to Atikotek for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies otherwise
available at law, Atikotek will be entitled to equitable relief, including
both a preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other security
if Atikotek seeks such an injunction.
14.3 California law and controlling U.S. federal law govern any action
related to the Terms and/or Your use of the Website. Choice of law rules
of any jurisdiction and the United Nations Convention on Contracts for
the International Sale of Goods will not apply to any dispute under the
Terms. You and Atikotek agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Los Angeles,
California, U.S.A. If our Terms and/or Policy changes, it will be
reflected in this document.
14.4 Services, Content, and product derived or obtained from our Websites
may be subject to the U.S. export laws and the export or import laws of
other countries. You agree to comply
strictly with all such laws and, in particular, shall: (a) obtain any export,
reexport, or import authorizations required by U.S. or your local laws;
(b) not use Services, Content, or direct product from our Websites to
design, develop or produce weaponry (missile, chemical/biological, or
nuclear); and (c) not provide Services, Content, or direct product from
this Website to prohibited countries and entities identified in the U.S.
export regulations.
14.5 Rights and obligations under the Terms which by their nature should
survive will remain in full effect after termination or expiration of the
Terms.
14.6 The Website may contain forward-looking statements within the meaning
of the Private Securities Litigation Reform Act of 1995. Such forward-looking
statements may include statements regarding market expectations and
opportunities, expectations about financials, research and development and
strategies, statements concerning Atikotek's roadmaps, market growth, and
product and service development and introduction, and our continuous evaluation
of the competitiveness of our product and service offerings. These forward-looking
statements are just predictions and involve risks and uncertainties. Actual
results may differ materially from results discussed in the forward-looking
statements. Factors that may cause such a difference include risks related to
adverse changes in general economic conditions, failure to reduce costs, lack of
success in technical advancements, the timely development, production and
acceptance of new products and services, and Atikotek's ability to compete
in a highly competitive and rapidly changing marketplace. For a detailed listing
of the potential factors affecting Atikotek's business and these forward-looking
statements, please refer to Atikotek's periodic reports.
14.7 Any express waiver or failure to exercise promptly any right under
the Terms will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any
law or regulation of any government, or by any court or arbitrator,
the parties agree that such provision will be replaced with a new
provision that accomplishes the original business purpose, and the
other provisions of the Terms will remain in full force and effect.
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