ACCEPTANCE OF TERMS

This website (“website”) is the property of Kimbia, Inc. (“Kimbia”). By using this website and the information offered herein, you indicate your acceptance of these Terms of Use (“Terms”). Kimbia reserves the right to change these terms from time to time at its sole discretion and without notice to you. In the case of any violation of these terms, Kimbia reserves the right to seek any and all remedies available by law and in equity for such violations.

Use of Site

Unless otherwise specified, you will be provided with access to a variety of resources, including product information, download areas, communication forums, etc. (collectively, “Services”). You may not modify, transmit, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Services.

In consideration of your use of this website, you agree to: (a) provide accurate and complete information about you as may be prompted by a registration form on the website; (b) maintain the security of your password and identification; and (c) accept all risks of unauthorized access to information and registration data.

You agree not to upload, post or otherwise transmit via the website content that: (a) is knowingly inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Kimbia or other users of the website; (b) violates or infringes anyone’s intellectual property rights; or (c) contains any computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You agree that you will not use the website to: (a) transmit bulk or unsolicited communications; (b) disguise the origin of any content transmitted through the Services; (c) misrepresent your affiliation with a person or entity; (d) engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law; or (e) collect or store personal data about other users unless specifically authorized by such users.

Intellectual Property Rights

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER APPLICABLE LAWS. All materials on this website including any text, graphics, logos, brands, designs, service marks, trade dress, slogans and other designations Kimbia uses in connection with its products and services are the sole property of Kimbia or designated third parties, and are protected by U.S. and international copyright laws. You may not remove or alter any Kimbia trademarks, or co-brand your own products or materials with Kimbia trademarks, without Kimbia’s prior written consent.

Compliance with Applicable Laws

User access to this website is governed by all applicable federal, state and local laws. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Kimbia products and publications are commercial in nature.

Links to Third Party Sites

This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and Kimbia is not responsible for the accuracy or reliability of any such information, data, or statements made on these sites. Kimbia provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Access to Password-Protected Areas

Access to and use of password-protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to gain access to these areas of the website may be subject to prosecution.

Software License Agreement

Any software which you download from this website is governed in accordance with (a) the license terms accompanying the file; (b) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating; or (c) the license terms pursuant to the Kimbia standard End User License Agreement.

Disclaimer of Warranties

Kimbia makes no warranty that: (a) The website will be free from errors or interruptions; (b) the results to be obtained from use of the website will be accurate or reliable; or (c) the quality of the services, content information, or other materials obtained from the website will meet your expectations or requirements.  The services provided herein are distributed on an “as is, as available” basis. Kimbia makes no warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or non-infringement. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website.

OBTAINING ANY CONTENT FROM THE WEBSITE

Limitation of Liability

To the full extent permitted by law, Kimbia is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders or other economic advantage arising out of or in connection with the website, even if Kimbia has been previously advised of, or could have reasonably foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including with limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute to the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply and shall be limited to the greatest extent permitted by law.

 GENERAL TERMS

The Terms constitute the entire agreement between you and Kimbia 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 officer of Kimbia. You may not assign or otherwise transfer the Terms or any right granted hereunder. You may be subject to additional terms and conditions that may apply when you purchase or use Kimbia or other third party products or services.

These terms shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Austin, Texas, U.S.A., or any other such court of competent jurisdiction selected, in its sole discretion, by Kimbia, regarding any and all disputes relating to these Terms or your use of the website.

If any provision of these Terms is illegal, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms, will be enforced to the fullest extent allowed by law as to effect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions.