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TERMS OF USE FOR THE MY.MICROVISION.EU - CUSTOMER AREA

These Terms and Conditions of Use were last updated on June 15, 2023.

I. Scope of Application

These terms of use for the https://my.microvision.eu/ customer area (“Terms of Use”) govern the access to and use of the password- secured customerarea and download portal at the website https://my.microvision.eu/ and any services provided via that portal (together the “Portal”) by thecustomer who accesses the Portal (“User”) in relation (i) to MicroVision GmbH (“MicroVision”) to the extent the User concluded a respectivecontractual agreement with MicroVision (or the applicable MicroVision affiliate specified on the applicable order form), and (ii) in relation to anyauthorized distributor of MicroVision to the extent the User concluded a respective contractual agreement with such authorized distributor (each a “Distributor”).

By using or downloading information from this Portal, you represent that you have read and understand these Terms of Use and agree to be bound by them. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DO NOT CONTINUE TO USE THIS PORTAL.

 

II. Distributor Customers

To the extent the User concluded a contractual agreement with a Distributor on the provision of Software Products and/or Software Services (as defined in Section IV. below), any services provided by MicroVision via the Portal are provided by MicroVision solely on behalf of that Distributor.

 

III. Authorized Users; Log-in Details

  1. Only Users (i) that have concluded a valid contractual agreement with MicroVision or with a Distributor, and (ii) that have been provided withcorresponding log-in details for the Portal either by MicroVision or by a Distributor, are allowed to access the Portal. In case the term of theUser’s contractual agreement referred to in (i) above expires (regardless of the legal grounds for such expiry), authorization of the User toaccess the Portal will also expire and the User’s access to the Portal may be blocked.
  2. The User must keep all information relating to its log-in details confidential. At no time may the User disclose any log-­‐in details to any third party.
  3. The User has to notify MicroVision immediately if the User becomes aware of (i) any unauthorized use of its log-­‐in details or any other breachof security; or (ii) any hacking tools being used or that might be used in relation to the Portal.
 

IV. Portal Content

  1. he User’s rights to download and use any of the MicroVision proprietary Software Products and/or Software Services are strictly subject to the terms of the User’s respective contractual agreement with MicroVision or with the respective Distributor. Unless expressly agreed otherwise, MicroVision and MicroVision’s suppliers retain in relation to the User all rights of ownership to MicroVision’s registered trademarks, to the Software Products, to the corresponding documentation, to all respective Updates, Upgrades and to other work results, as well as to all intellectual property rights contained in or related to the aforementioned elements. All rights which are not expressly licensed pursuant to a contractual agreement are reserved.
  2. In addition, several third party open source software components (“OS Components”), which may be required to use MicroVision’s proprietary Software Products, are provided as a download via the Portal. Download and usage of those OS Components is strictly subject to the open source license terms and conditions applicable to the respective OS Component. It lies within the responsibility of the User to verify whether the User’s intended use of the OS Components is covered by the applicable open source license terms and conditions.
  3. The materials on this Portal as well as their organization and design are the property of MicroVision or its suppliers and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of this Portal for lawful and legitimate purposes as intended by MicroVision. Except for the purpose of page caching and as otherwise explicitly set forth in these terms of use or in another agreement between you and MicroVision, you may not copy, distribute, republish, modify, display, or use the Materials in any manner, without our prior written consent. You also may not reverse engineer, disassemble or decompile any software contained on or accessed through this Website. If MicroVision makes software available on this Portal for download, but such software does not have a separate license agreement, MicroVision provides the software to you “AS IS” without any warranty.
 

V. Intellectual Property Notice

Nothing contained in these terms of use shall be construed as conferring any license or right to any trademark or other intellectual property right of MicroVision, its suppliers or any other party. MicroVision, MAVIN, MOSAIK, and MOVIA are trademarks of MicroVision in the United States and other countries, and the related logos displayed throughout this Portal are the trademarks of MicroVision. You may not display, use as a link, or otherwise use any of the trademarks, trade names, service marks or logos of MicroVision or its suppliers without the prior written consent of the respective owner.

 

VI. Compliance with Law

MicroVision makes no representation that the Materials are appropriate or available for use in all locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Portal.

 

VII. Other Businesses and Links

Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, logo or otherwise does not constitute or imply endorsement by MicroVision. This Portal may contain links to Websites or be linked to Websites not under the control of MicroVision. MicroVision does not endorse the companies, products or Websites that are linked to this Website. Accordingly, MicroVision does not assume any responsibility or liability for the actions, products or content of linked Websites. If you decide to access any of the third party Websites linked to this Portal, you do so entirely at your own risk.

 

VIII. Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS PORTAL AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.MICROVISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, MICROVISION DOES NOT WARRANT THAT THIS PORTAL OR THE MATERIALS: (A) ARE COMPLETELY ERROR FREE; (B) WILL OPERATE WITHOUT INTERRUPTION; (C) ARE CURRENT, ACCURATE OR COMPLETE; (D) ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (E) ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; OR (F) WILL OTHERWISE MEET YOUR NEEDS. Computer systems are vulnerable in varying degree to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“Problems”). We have taken reasonable steps so that Problems will not materially affect our business, but do not guarantee that our Website is immune to Problems. It is your responsibility to protect yourself from Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to Problems include using firewalls, password protection, and antivirus programs.

 

IX. Limitation on Liability

IN NO EVENT SHALL MICROVISION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) ARISING OUT OF OR RELATED TO: (A) YOUR USE OF, OR INABILITY TO USE, THIS PORTAL OR THE MATERIALS; (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS PORTAL; OR (C) ANY GOODS OR SERVICES ADVERTISED ON, OR LINKED TO, THIS PORTAL, EVEN IF MICROVISION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

 

X. Restriction, Suspension and Termination

If MicroVision determines, in its sole discretion, that you are using or have used any portion of the Portal or the Materials in a manner inconsistent with any of these terms of use, MicroVision shall have the right to take appropriate action without prior notice to you including, without limitation, limiting, restricting, suspending and/or terminating your access to, and use of, the Portal, Materials or any portion thereof and seeking any remedies available at law or in equity.

 

XI. Privacy Policy

Any collection or use of personally identifiable information collected from you through this Portal is governed by our Privacy Policy, which forms a part of these terms of use.

 

XII. Indemnification

You shall indemnify and hold MicroVision, its suppliers, its affiliates, and their respective directors, officers, employees, owners, members, agents, representatives, licensors, licensees, and investors (collectively, the “Indemnified Parties”), harmless from and against any and all claims, legal actions, demands, controversies, disputes, liabilities, losses, expenses, costs and/or damages including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) arising out of or related to any breach by you of any of the terms of use or otherwise relating or arising from your access or use of the Portal or the Materials. You shall cooperate, at your expense, as reasonably requested by MicroVision in the defense of all Claims.

 

XIII. Entire Agreement and Amendment

These Terms of Use, including the Privacy Policy, constitute the entire agreement between MicroVision and you with respect to the subject matter hereof. Any and all portions of the Terms of Use may be modified at any time and from time to time at the sole discretion of the MicroVision.

 

XIV. Waiver

No failure or delay on the part of MicroVision to exercise any right, power or remedy under these Terms of Use shall operate as a waiver; nor shall any single or partial exercise by MicroVision of any right, power or remedy under these Terms of Use preclude any other or further exercise of any right, power or remedy.

 

XV. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

XVI. Miscellaneous

Unless specified otherwise, these Terms of Use shall be governed by German law, excluding International Private Law and excluding the United Nations Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes arising, directly or indirectly, from these Terms of Use shall be Hamburg, Germany.