I. Ownership of Rights and Limitation of Use of Content
All content on this Website is owned by Fujitsu America, the Fujitsu affiliate that controls a Subsite, or the owner of the content. The owner holds all copyrights, patents, trademarks, and other intellectual property rights related to that content. The Fujitsu Group authorizes you to copy material published on the Website for use in support of Fujitsu products only, on condition that your use of copied material retains all copyright and other proprietary notices in the same manner as on the original. No other use of contents is authorized and no licenses are granted. No contents on this Website may be otherwise copied, modified, translated, distributed, published, or used without the prior permission of the owner of the contents. All contents on the Website are protected by copyright.
II. Disclaimers of Warranties
THE CONTENTS ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Reasonable efforts will be used to upload accurate and up-to-date information, but otherwise there is no warranty that the contents of the Website or the Subsites are error-free, accurate, complete, or timely. Product specifications are estimated using specific systems, components, and procedures. Differences in design, configuration, and conditions may affect how products actually perform.
III. Disclaimer for Third Party Links
The Website and the Subsites may contain links to third party Internet sites (the “Linked Sites”). Access to Linked Sites is at user’s own risk and the Fujitsu Group is not responsible for contents on Linked Sites and disclaims all liability. Any reference on the Website or on a Subsite to a Linked Site is for convenience and is not an endorsement.
IV. Limitation of Liability
THE FUJITSU GROUP IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE OR THE SUBSITES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
V. Transmitted Materials
VI. Other Prohibited Uses
You are prohibited from using this Website and the Subsites for any purpose that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, misleading, tortious, profane, infringing, damaging or in any manner that could give rise to any civil or criminal liability under the law.
VII. Linking to the Website
IX. Applicable Laws
The Website and the Subsites are controlled from offices within the United States of America. The materials on the Website and the Subsites may not be appropriate or available for use outside the United States of America. You are responsible for compliance with local laws. Access to them from jurisdictions where their content is illegal is prohibited. Any claim relating to this Website and Subsites, their use, and their content is governed by controlling Federal laws and the laws of the State of California without regard to choice of law rules.
You shall defend, indemnify, and hold harmless Fujitsu America, and the affiliates that comprise the Fujitsu Group and their respective officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, and hold them harmless from and against any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your misuse of the Websites or Subsites, your violation of the Terms, or your violation of any rights of another.
You and we agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Fujitsu America, any affiliates of the Fujitsu Group, or any of their respective agents, employees, or directors arising in relation to this Agreement and the products and services purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator in Santa Clara County, California. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that we will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allows for the prevailing party to receive an award of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party.
If any provision(s) of these Terms are held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
XIV. Agent to Receive Notice of Claimed Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, this Website has designated an agent to receive notification of alleged copyright infringement. If you believe that your copyrighted work is being infringed, notify our designated agent who is specified here: DMCA Agent, Global Net Division, Fujitsu America, Inc., 1250 E. Arques Ave. M/S 201, Sunnyvale CA 94085; Phone: 408 746 6111; Fax: 408 746 6311; Email: DMCA_agent@US.Fujitsu.com
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: a physical or electronic signature of the copyright owner or the person authorized to act on its behalf; a description of the copyrighted work claimed to have been infringed; a description of the infringing material and information reasonably sufficient to permit the material to be located; your contact information, including your address, telephone number, and email; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner. Subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA), the Fujitsu Group will remove such infringing material.
© Copyright 2009 FUJITSU
All rights reserved.
Last Modified: November 12th, 2009