Last Modified: Oct. 15th, 2021
2. Scope of Terms. Modifications. Translations.
2.1 Application: The Terms apply to all websites where these Terms are posted, displayed, or referenced ("Websites"), whether the sites are sponsored, managed, or hosted by eYs3D or third parties. The Terms also apply to any resources and tools provided through the Websites, including but not limited to developer tools, software, download areas, research areas, community forums, chat rooms, blogs, sharing sites, and product information. Finally, the Terms apply to documents made available on the Websites such as white papers, press releases, datasheets, and specification documents. Hereafter, any and all materials provided by the Websites will be referred to as the "Materials."
2.2 Supplementary Terms for Materials and Sub-Sites: Certain Materials or sub-sites accessible via the Websites may have their own supplementary terms and conditions specific to them. By accessing or using those Materials or sub-sites, you accept and agree to be bound by the applicable supplementary terms and conditions. These Terms will apply and remain in effect with respect to those Materials and sub-sites, provided that, to the extent these Terms conflict with or are superseded by any such supplementary terms and conditions, the supplementary terms and conditions will govern and control.
2.3 Changes and Updates to Terms: eYs3D is entitled to and may, but is not required to, substitute, add to, change, or remove any part of the Terms at any time without notice to you (“Modified Terms”). Modified Terms will be effective when posted by eYs3D, and your use of the Websites or the Materials after the posting of the Modified Terms will be deemed your acceptance of and agreement to be bound by the Modified Terms. If you do not agree to the Modified Terms, you must stop using the Websites and Materials.
2.4 Translations of Terms: Where eYs3D has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that unless otherwise specified by eYs3D the English-language versions of these Terms will govern your relationship with eYs3D.
2.5 Modification of Websites and Materials: eYs3D is entitled to and may, but is not required to, substitute, add to, change, remove, disable, or suspend the Websites, the Materials, or any portion thereof, temporarily or permanently, at any time without notice to you. These changes may include without limitation alterations to the features, functions, specifications, and pricing of any products or services described in or displayed on the Websites or the Materials.
3. Security and Privacy
3.1 Personal Information: Personal information you submit to eYs3D through forms on the Websites or the Materials is governed by eYs3D's Privacy Notice, which describes how eYs3D collects, processes, and discloses your personal information. By accessing and using the Websites, you acknowledge that you have read and understand eYs3D’s Privacy Notice.
4. Use of Websites and Materials
4.1 No Unlawful or Prohibited Use: You agree and promise that you will not use the Websites or the Materials for any purpose that is unlawful or prohibited by the Terms. YOU MUST NOT:
4.1.1 Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
4.1.2 Use the Websites or the Materials to stalk or harass or harm another;
4.1.3 Impersonate any person or entity, including but not limited to an eYs3D official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with eYs3D or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
4.1.4 Upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.1.5 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Websites or the Materials;
4.1.6 Upload, post, email, transmit, or otherwise make available any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of eYs3D or any third party;
4.1.7 Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
4.1.8 Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.9 Use the Websites or the Materials in any manner that could damage, disable, overburden, or impair any eYs3D server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Websites or the Materials, or interfere with any other party's use and enjoyment of the Websites or the Materials;
4.1.10 Circumvent any use-limitation or restricted-access technology used by the Websites or the Materials, or otherwise attempt to gain unauthorized access to the Websites or the Materials, or any other accounts, computer systems, or networks connected to any eYs3D server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or the Materials;
4.1.11 Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any rules of any national or other securities exchange, including without limitation and any regulations having the force of law;
4.1.12 Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization;
4.1.13 Remove any copyright or other proprietary rights notices placed upon the Websites or Materials;
4.1.14 Perform automated searches against eYs3D’s systems (except for non-burdensome federated search services), including using automated "bots," link checkers, or other scripts or web scraping technologies, without the prior written permission of eYs3D;
4.1.15 Use the Websites or the Materials to create products or perform services which compete or interfere with those of eYs3D;
4.1.16 Text mine, data mine, or harvest metadata from the Websites or the Materials; or
4.1.17 Download all or parts of the Websites or the Materials in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Websites or the Materials, in any form.
4.2 Enforcement: Enforcement of this section is solely at eYs3D’s discretion, and failure to enforce this section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this section does not create any reasonable expectation that the Websites or Materials will not contain any content or conduct that is prohibited by this section.
5. Retained Rights. Patents.
5.1 Retained Rights: You acknowledge and agree that eYs3D or its licensors own all legal rights, title, and interest in and to the Websites and the Materials, and that the Websites and Materials are protected by worldwide copyright laws and treaty provisions. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Websites or the Materials. Any unauthorized use of the Websites or the Materials may infringe eYs3D’s or a third party’s copyright rights, trademark rights, or other proprietary rights, may violate laws relating to privacy and publicity, and may result in civil or criminal liability.
5.2 Patents: You may not use or facilitate the use of the Websites or any Materials in connection with any patent or other intellectual property infringement analysis concerning eYs3D products. By your use of the Websites or Materials, you agree to grant to eYs3D (and do hereby grant to eYs3D) a non-exclusive, royalty-free license to any patent claims which include subject matter disclosed in the Websites or the Materials, and agree not to assert against eYs3D any claims for patent infringement based on any such patent claims.
6. Notices Related to Content
6.1 Trademarks: Any trade names, trademarks, service marks, logos, trade dress, and other brand features (“Trademarks”) displayed on or featured in the Websites or the Materials are the property of either eYs3D or third-party licensors. Nothing in these Terms grants you any license rights or other rights to use or display any such Trademarks.
6.2 Third Party Content: The Websites and the Materials may contain third party submitted content. Such content is not reviewed, approved, or endorsed by eYs3D and is provided solely as a convenience to you. Under no circumstances will eYs3D be liable to you or to any third party in any way for any third-party submitted or provided content, including but not limited to any errors or omissions, or damages of any kind. By your use of the Websites, you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such third party content.
6.3 Forward Looking Statements: Statements in the Websites or Materials that refer to plans or expectations are forward-looking statements. These statements are based on current expectations and involve many risks and uncertainties that could cause actual results to differ materially from those expressed or implied in such statements.
7. User Content Submissions
7.1 The Websites may include functionality that allows the user to transmit or submit User Content to eYs3D using the Websites or to post or display User Content on the Websites. You acknowledge and agree as follows with respect to User Content:
7.2 Definition of User Content: “User Content” means any content or materials that a user provides, transmits, or submits to eYs3D using the Websites or posts, uploads, or displays on the Websites. “User Content” includes but is not limited to user registration, participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting user content, including but not limited to graphics, art, software, code, data, text, video, audio, opinions, descriptions, photographs, pictures, etc.
7.3 Treatment of User Content: eYs3D does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and eYs3D expressly disclaims any and all liability in connection with User Content. eYs3D will remove User Content if properly notified that it infringes on another's copyright rights in accordance with the section of these terms titled “DMCA Copyright Infringement Claim.” eYs3D further reserves the right to remove User Content no matter the reason, in its sole discretion, and without prior notice to you or to any third party.
7.4 Ownership of User Content: eYs3D does not claim ownership of any User Content. However, unless otherwise agreed to in writing, eYs3D will be free to use User Content without compensation or payment to you. eYs3D is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized eYs3D representative, User Content you transmit or post to the Websites will be considered non-confidential and non-proprietary. eYs3D will further have the right, but not the obligation, to use any know-how, ideas, or other concepts included or contained in the User Content without compensation or payment to you.
7.5 License to User Content: Unless otherwise specified on the Websites, by posting, displaying, uploading, inputting, providing, or submitting User Content, you grant eYs3D, its sublicensees, and any users of the Websites or the Materials, a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, nonterminable, freely transferrable, and freely sublicensable (through multiple tiers of sublicensees) license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes throughout the world.
7.6 User Submitted Code: To the extent applicable, any user submitted code posted on the Websites is supplied under the license specified by the user submitting such code, and should be used or downloaded only in accordance with any such license terms. eYs3D is not responsible for user submitted code, nor does eYs3D represent or warrant that such user submitted code will operate or perform without errors or defects.
7.7 Representations and Warranties: By posting or submitting User Content you represent and warrant to eYs3D that (a) you own or otherwise control all of the rights to that User Content, including but not limited to all of the rights necessary for you to provide, post, upload, input, or submit the User Content, and to grant the rights granted by you to eYs3D in connection with the User Content, and (b) the User Content does not infringe, violate, or misappropriate the intellectual property rights or other proprietary rights of any third party, including without limitation any third-party publicity rights or privacy rights.
7.8 Moderation or Pre-Screening: You acknowledge that eYs3D may or may not moderate or pre-screen User Content. eYs3D and its designees retain the right, at eYs3D's sole discretion, to pre-screen, refuse, or remove any User Content from the Websites or the Materials. eYs3D, however, will have no liability related to User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, eYs3D will have the right to remove any User Content at any time and for any reason in eYs3D’s sole discretion.
7.9 Security of Your Submissions: Because internet transmissions are never completely private or secure, you acknowledge and agree that any User Content submitted or transmitted to or through the Websites may be accessed or intercepted by third parties.
7.10 Unsolicited Idea Submission Policy: IT IS EYS3D’S POLICY THAT NEITHER EYS3D NOR ITS EMPLOYEES WILL ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EYS3D'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EYS3D. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EYS3D OR ANYONE AT EYS3D. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EYS3D MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
8. Notices Specific to EYs3D Documents
8.1 Permission to Use: Permission to use any eYs3D-owned press releases, datasheets, FAQs, etc. ("Documents") made available as Materials via the Websites is granted, provided that (a) the copyright notice at the bottom of these Terms and this permission notice appear in all copies, (b) you may use Documents only for your informational and non-commercial personal use, (c) the Documents will not be copied or posted on any network computer or broadcast in any media, (d) no modifications of any Documents are made, and (e) you are otherwise in compliance with all of the Terms. Any other uses require the express written permission of eYs3D, which may be withheld in eYs3D’s sole discretion.
9. Notices Specific to eYs3D Software
9.1 License Terms: Any eYs3D software that is made available for download from the Websites ("Software") is the copyrighted work of eYs3D or its licensors. Use of the Software is governed by the terms of the applicable end user license agreement which accompanies or is included with the Software ("License Agreement"). By downloading or using the Software, you agree to be bound by the terms of the License Agreement. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. If no License Agreement accompanies or is included with the Software, then conditioned on your compliance with these Terms, eYs3D grants you a limited, nonexclusive, nontransferable, revocable, worldwide, fully paid-up license, without the right to sublicense, under eYs3D’s copyrights (subject to any third party licensing requirements), in each case solely within your premises and only for your internal demonstration, evaluation, testing, validation, and development of your eYs3D-based products, to (i) prepare derivative works (as defined in 17 U.S.C. § 101 et seq.) (“Derivatives”) of the Software, if provided or otherwise made available by eYs3D in source code form, and reproduce the Software, including Derivatives; (ii) display and perform an object code representation of the Software including your Derivatives to your customers or partners, with a need to know, only for demonstration and when integrated with and executed by your eYs3D-based product or eYs3D hardware provided by eYs3D and subject to your customers or partners entering a written confidentiality agreement that protects the confidentiality of the Software for at least 5 years; and (iii) have the rights in subparts (i) and (ii) performed by contractors working on your behalf or at your behest, provided that you remain fully liable to eYs3D for the actions and inactions of those contractors.
9.2 Restrictions: Except as permitted by these Terms or the License Agreement accompanying the Software, you must not, and must not allow any third party to, (a) use, copy, distribute, sell, or offer to sell the Software or associated documentation; (b) modify, adapt, enhance, disassemble, decompile, reverse engineer, or create derivative works from the Software except and only to the extent as specifically required by mandatory applicable laws or any applicable third party license terms accompanying the Software; (iii) make the Software available for the use or benefit of third parties; (iv) use the Software on your products other than those that include the eYs3D silicon product(s), platform(s), or software identified in the Software; or (v) publish or provide any Software benchmark or comparison test results. Violators will be prosecuted to the maximum extent possible.
9.3 Reproduction and Redistribution: WITHOUT LIMITING THE FOREGOING, THE COPYING OR REPRODUCTION OF EYS3D SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
9.4 Software Warranty Limitations: THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT PROVIDED BY EYS3D, EYS3D HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.
9.5 Software Tools and Utilities: FOR YOUR CONVENIENCE, EYS3D MAY MAKE TOOLS AND UTILITIES AVAILABLE FOR USE AND DOWNLOAD AS PART OF THE WEBSITES OR THE SOFTWARE. EYS3D DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF RESULTS OR OUTPUT DERIVED FROM USE OF ANY SUCH TOOLS OR UTILITIES. PLEASE RESPECT THE EYS3D LECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITES OR AS PART OF THE SOFTWARE.
9.6 US Government Restricted Rights: Any Software is provided with "RESTRICTED RIGHTS." Use of any Software by the any government constitutes acknowledgment of eYs3D's proprietary rights in and to the Software.
10. Notices Specific to eYs3D Products
The Websites and the Materials may contain information regarding eYs3D products. With regard to all eYs3D products, you acknowledge and agree that:
10.1 Limitations: EXCEPT AS PROVIDED IN EYS3D'S TERMS AND CONDITIONS OF SALE FOR ITS PRODUCTS, EYS3D ASSUMES NO LIABILITY WHATSOEVER, AND EYS3D DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE SALE OR USE OF EYS3D PRODUCTS, INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER EYS3DLECTUAL PROPERTY RIGHT.
10.2 Use of EYs3D Products: If you integrate eYs3D products into your overall system, you are responsible for the safety of the overall system that includes the eYs3D products, including compliance with applicable safety-related requirements or standards.
10.3 Changes to Specifications: eYs3D may make changes to product specifications and product descriptions at any time, without notice to you. Designers must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined." eYs3D reserves these for future definition and will have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Websites or the Materials is subject to change without notice to you. Do not finalize a design using this information.
10.4 Defects and Errata: The products described in the Websites or the Materials may contain design defects or errors known as errata which may cause the products to deviate from published specifications. Current characterized errata are available on request.
10.5 Availability: Just because a product is displayed on the Websites or in the Materials does not mean that the product is available for purchase in all countries, jurisdictions, or localities. Contact eYs3D sales officer at email@example.com or its designated distributor to learn the availability of products in your geographic area.
11. DMCA Copyright Infringement Claim
11.1 Notice of Claimed Infringement: Notifications of claimed copyright infringement should be sent to eYs3D’s Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
12. Links to Other Materials or Sites
The Websites and/or the Materials may contain links to other Internet sites. eYs3D is not responsible for the content of any linked site or any link contained in a linked site. eYs3D reserves the right to terminate any link or linking program at any time. If you decide to access or use linked sites, you do so entirely at your own risk.
13. Exclusion of Warranty. Limitation of Liability. Indemnification
13.1 Exclusion of Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13.2 UNLESS OTHERWISE EXPRESSLY STATED IN THE MATERIALS THEMSELVES OR PURSUANT TO ANY LICENSE TERMS OR PERMISSIONS FOR THE MATERIALS, THE WEBSITES AND THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EYS3D AND EACH OF ITS SUPPLIERS OR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, TITLE, OR NON-INFRINGEMENT. ACCORDINGLY, YOUR USE OF THE WEBSITES AND THE MATERIALS IS AT YOUR SOLE RISK.
13.3 EYS3D DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITES AND AS SUCH YOUR USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MATERIALS.
13.4 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EYS3D, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR:
13.5 ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE WEBSITES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
13.6 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE WEBSITES, THE MATERIALS, OR THE DOCUMENTS, ANY CHANGES MADE BY EYS3D THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY EYS3D IN THE PROVISION THEREOF,
13.7 THE FOREGOING LIMITATIONS ON EYS3D'S LIABILITY WILL APPLY WHETHER OR NOT EYS3D KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITES OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
13.8 Indemnification: You agree to indemnify, at eYs3D’s election defend, and hold eYs3D and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of the Terms or any content you make available through the Websites or Materials. You acknowledge and agree that eYs3D may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to eYs3D hereunder, and you agree to fully cooperate with eYs3D, at eYs3D’s reasonable request, in connection with eYs3D’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without eYs3D’s prior written consent, which eYs3D may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
14.1 The Websites and the Materials are controlled or made available from eYs3D’s offices located in Taiwan. eYs3D makes no warranties that the Websites or the Materials are appropriate for use in other locations. Those who choose to access the Websites or the Materials from other locations are responsible for compliance with applicable local laws. Materials available on the Websites are subject to applicable export control laws.
14.2 The Terms constitute the entire agreement between you and eYs3D and govern your use of the Websites and the Materials. Any claim or action relating to the Websites and/or the Materials will be governed by the laws of Taiwan, without regard to its conflict of law principles and each party will submit to the personal and exclusive jurisdiction of the courts located in Taiwan. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.
eYs3D Corporation, 2F., No. 22, Ln. 35, Jihu Rd., Neihu Dist., Taipei City 114, Taiwan