The Mikulic's Web Site Terms of Use

This Site is Copyright © 1999-2017 Ernest & Julia Mikulic of Livermore CA USA. All rights reserved worldwide.

Welcome

These are the Mikulic's Web Site Terms of Use ("Terms") govern all mikulic.com web pages ("Site").

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.

Your Use of Our Site

When using our Site, you must always comply with the Mikulic's Acceptable Use Policy.

For the purposes of these Terms, "Services" means Site and "You" means you.
    
You must also comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.

Mikulic's Online Privacy Statement, including our Cookie Policy, describes how we will protect your privacy and handle your personal information when using our Site.

By using the Site, you agree that Mikulic's can use such information in accordance with this policy.

Do not use the Site to advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.

In order to access certain services or features of our Site, you may be required to create an account, profile, or download Mikulic's software.

We may also offer access to certain services and features of the Site to you for a fee. In those situations, or when using other Mikulic products and services as part of the Site, additional Mikulic's terms or requirements may apply and those additional terms become part of your agreement with us.

In the event of any conflict between such additional terms and these Terms, the additional terms control.

If you violate these Terms, your access to the Site may be terminated immediately and without notice.

Your Account

If any portion of the Site requires you to open an account or create a user profile, the information you provide must be truthful and accurate.

You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party.

You must notify the Mikulic's immediately of any unauthorized use of your account or of any breach in security.

We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Site, or (iii) cease to provide and maintain the Site, at any time, for any or no reason, with or without prior notice, and without liability.

Upon doing so, we may retain or delete any information or content that you provided.

Our Site Content

Our Site contains content owned, operated, licensed, and/or controlled by the Mikulic's that is protected by copyright, trademark, trade secret, or other proprietary rights ("Site Content").

The Mikulic's or their licensors retain all rights in such Site Content.

The Mikulic's grants you a limited, revocable, nonsublicensable right to view the Site Content solely for your internal use of the Site.

Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides.

These materials may be used under limited circumstances in strict accordance with our Copyright Use Policies and Guidelines, including our Web Use Guidelines.

The trademarks, logos, and service marks ("Marks") displayed on our Site are the property of the Mikulic's.

You are not permitted to use these Marks without the prior written consent of the Mikulic's or any third party that owns the Mark or Copyright.

Software Content

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site.

Mikulic's or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights except where such right are explicity released.

Nothing in these Terms grants any right or license to Software Content.

Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, the Mikulic's's End User License Agreement, the Mikulic's software development licenses (e.g., Mikulic's API, SDK, and Sample Code licenses), and free/open source software licenses, as applicable.

Your Content

We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that you upload or otherwise provide to our Site (collectively, "User Content"). However, you grant to the Mikulic's a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Site and all related services.

You also agree that any other user of this Site may access, view, store, and reproduce your User Content for such user's personal use or otherwise in connection with use of the Site.

You may intend for some of your User Content to be generally available as Software Content on our Site.

In those cases, in addition to the permissions that you grant above, you must also specify a license that provides other users with sufficient rights to use your work as intended, such as an open source or Creative Commons license.

For guidance on how to choose an appropriate free software license, this is a helpful third party resource: https://choosealicense.com/.

You cannot post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account and/or deny access to any user who is alleged to have infringed the copyright or proprietary rights of another.

All User Content is considered nonconfidential and public. Please do not submit any confidential or private information.

If you provide us with any feedback or ideas, you authorize the Mikulic's to use your feedback for any purpose, without any restriction or limitation.

If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
   A description of the copyrighted work or other work that you claim has been infringed
   A description of where the material that you claim is infringing is located on our sites, networks or other repositories
   Your address, telephone number, and email address
   A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our Designated Agent for claims of copyright infringement is:

Office of General Counsel
The Mikulic's General Office
Livermore, CA 94551
Attn: Copyright Agent

Email: DMCAagent@Mikulic.com

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will try to provide notice to the third party of the charge.

If the third party responds, we will provide you with a copy so that you may take any other steps you may consider appropriate.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Mikulic's or any third party.

All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information.

We do not endorse or assume responsibility for user conduct or what users submit to our Site.

Nothing in these Terms requires us to monitor the Site or to modify or remove any materials or information.

Our Site can contain links to third-party sites.

We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information.

The Mikulic's will not be liable for any harm caused by, or related to, the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.

We may change this site, the programs or products mentioned at any time without notice.

Mention of non-Mikulic's products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

Because international information may be provided on our Site, not all products or programs mentioned will be available in your country.

Please contact your local representative for information as to products and services available in your country.

The Site and all information on the Site are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside.

We reserve the right to investigate and take appropriate action against anyone who, in the Mikulic's's sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

Some of the information on our Site may contain projections or other forward-looking statements regarding future events or the future business, financial or other performance and information of the Mikulic's.

Such statements are only predictions and actual events or results may differ materially.

We refer you to the documents the Mikulic's may file as needed from time to time with the local Caifornia goverenment.

These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including but not limited to, dependence on new product development; rapid technological and market change; competitive landscape; supply chain-related risks; cybersecurity and other risks associated with Internet-based systems and infrastructure deployments; global economic and political risks and volatilities.

THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

TO THE EXTENT PERMITTED BY LAW, THE MIKULIC's DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

The Mikulic's SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Mikulic's HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Mikulic's DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THIS SITE IS AT YOUR OWN RISK.

About Our Terms

We reserve the right to change these Terms from time to time at our sole discretion.

Please check this page periodically for any updates.

These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws rules or principles.

If there is any dispute relating to the Site or these Terms, you and the Mikulic's agree to exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

These terms were last updated on 06/05/2017 and are effective immediately.

Thank You for Visiting

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