Posted on 18. December 2009
The access and use of this website (hereinafter referred to as the "Site") is subject
to the following terms and conditions. By accessing and using the Site you acknowledge
to understand and accept the terms as provided below and to be bound by them. If
you do not agree to all the terms and conditions as set out below, you are not allowed
to access or use the Site.
Please read this disclaimer carefully before you proceed.
1. Access Restrictions
1.1. The products and services as offered and described on this Site are not directed
at or intended for distribution to any person or entity who is a citizen or resident
of or located or established in any jurisdiction where the use of the Site would
be contrary to applicable law or regulation or would subject Anpaco AG, located
in Switzerland (hereinfater referred to as "Anpaco") or any of its business partners
to any registration or licensing requirement in such jurisdiction.
1.2. With accessing and using the Site you are especially certifying
to which the SECO (State Secretariat
for Economic Affairs, http://www.seco.admin.ch) has decided to impose sanctions
1.3. There is no obligation from Anpaco to continue with the Site. You acknowledge
that Anpaco may at any time suspend or terminate your access to the Site at its
to time. If you continue to access and use the Site, you are required to regularly
3. Intellectual Property; Trademarks
3.1. All information, materials and services contained in the Site are protected
by copyrights, trademarks, and further intellectual property and proprietary rights.
With accessing and using the Site, you agree to not copy, republish, download, transmit,
adapt or otherwise distribute the content of the Site or portions thereof, except
as expressly authorized herein.
3.2. All Trademarks, logos and other pictures are property of Anpaco or other third
parties. You are not permitted to use them without prior written consent of Anpaco
or third parties.
4. Links to third parties
The Site may contain different links which lead you to third party websites. You
acknowledge that these links are intended as a convenience only and do not imply
that Anpaco has any control of the linked websites. Therefore, Anpaco does not
assume any responsability for the content of third party websites and you agree
that you access them at your own risk.
5. No Liability of Anpaco
5.1. THE ACCESS AND USE OF THE WEBSITE OR THE DOWNLOAD OF SOFTWARE IS DONE AT YOUR
OWN RISK. ANPACO DOES GUARANTEE THAT THE SITE AND ITS CONTENT OR SOFTWARE WILL
BE - AMONGST OTHERS - SECURE, ACCURATE, REILABLE OR ERROR-FREE.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANCO AND ITS SUPPLIERS
PROVIDE THE WEBSITE and ALL SOFTWARE PRODUCTS AND SUPPORT SERVICES AS IS AND WITH
ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL
WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE
5.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANPACO
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE
OR SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TERMS, EVEN IN THE EVENT
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF ANPACO OR ANY SUPPLIER, AND EVEN IF ANPACO OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4. NOTWITHSTANDING ANY DAMAGES THAT THE CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF ANPACO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION
OF THIS TERMS AND THE CUSTOMER'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ANPACO WITH RESPECT TO ANY BREACH
OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY THE CUSTOMER FOR THE SOFTWARE PRODUCT OR SWISS FRANCS CHF 1. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
6. Applicable Law and Venue
the United Nations Convention on Contracts for the International Sale of Goods (CISG)),
unless expressly prohibited by local law. The exclusive venue for any disputes arising
out of the relationship between Anpaco and Customer is the competent Court in Zurich/Switzerland.