Terms of Use

I. Terms of Use – Valid from: 01.07.2011

The Websites provided under the domain http://www.cellexis.com or pages that are co-branded by “cellexis”, together hereinafter referred to as the “Website”, are owned and operated by atech system solutions Ltd. (hereinafter “atech”).

The use of the Website and of all information, functions, products and services that are provided on and through the Website requires the acceptance of our Terms of Use, Privacy Terms, General Terms and Conditions and License terms. We may modify or change our Terms of Use at any time.

By using our Website, displaying or using any content or information, functions, products and/or services of our Website you indicate and confirm your acknowledgement and acceptance of our Terms of Use. If you do not accept our Terms of Use you are not allowed to use or to display any information or data on this Website.

By using our Website, displaying or using any content or information, functions, products and/or services of our Website you also confirm that you have read, acknowledged, understood and accepted our Privacy Terms, General Terms and Conditions and License Terms.

1. Registration

(1) With and by registration of a customer account you confirm and warrant that you are acting on behalf of the company or organization (“Customer”) that you are registering and that you are authorized to perform such a registration on behalf of the Customer.

(2) With and by registration of a customer account you also confirm that you bind yourself as an individual as well as the Customer that is represented by you to and that both agree to the Terms of Use, Privacy terms, General terms and Conditions and License Terms.

(3) All login credentials that have been provided in connection with the registration of a customer account may be disabled without any time-limit, if the business relation is terminated, if there is any violation or breach of the Terms of Use or abusive or improper use of the Website or any other reasonable cause for immediate blocking of customer or user accounts provided.

2. Additional Terms and Conditions

(1) For specific deliverables or services, e.g. consulting services or license contracts, that are offered and may be purchased through the Website, it may be required to consent to such specific terms and conditions applicable to such deliverables or services (“Additional Terms”) required; without the explicit consent to such Additional Terms you may not be able to purchase such offered deliverables or services.

(2) When you consent to such Additional Terms, the Additional Terms are incorporated by reference into the Terms of Use and General Terms and Conditions.

(3) If there are inconsistencies between Terms of Use and General Terms and Conditions on the one hand and Additional Terms on the other hand, the Additional Terms shall control with respect to the applicable deliverable or service only.

3. Credentials

(1) With registration of a Customer a customer or user account will be provided according to the Terms of Use. Additionally, atech may provide further customer or user accounts for registered users in connection with offered and purchased services and respective transactions in order to make temporarily certain functions available on the Website.

(2) Login credentials are required to get access to customer and user accounts and respective protected areas of the Website and to get access to, to purchase and to use services and products that are bound to the terms of Use, Privacy Terms, General Terms and Conditions and Additional terms. We recommend to independently change login passwords for customer and user accounts periodically, at least every three months, by changing your account settings.

(3) The Customer shall grant only to his permanent employees the access to the protected areas of our Website and the information, functions and services provided therein. The login credentials that are provided to the Customer must be kept confidential by the Customer and shall not be passed to any third party or unauthorized person.

(4) The Customer is obliged to immediately delete customer and user accounts by changing passwords of such accounts, when any employee that had access to aforesaid accounts has left the Customer.

(5) The Customer is not allowed to provide to third parties or unauthorized users or to save on others than his own data processing systems any data, information or functions that are available, generated or exchanged on or via protected areas of our Website or through the use of login credentials.

4. Copyrights and Intellectual Property Rights

(1) Generally, the use of content of our Website is limited to view the information and data provided therein. Reproduction, copying, distribution, forwarding or making available to any third party of such content is explicitly prohibited.

(2) It is also prohibited to use the information and data that are provided on our Website or to use information and data that are received by functions that are provided on our Website for creating your own works or derivative works. Content of our Website shall not be copied to any other webpage or medium.

(3) atech grants you a limited not-exclusive, non-transferable permission to view, use and access ATECH WEBPAGE and herein provided functions solely on your personal computer and for your private and non-commercial use. The prerequisite for the aforesaid permission is that you and the Customer that is represented by you comply with the Terms of Use and the copyright.

(4) If you fail to comply to the Terms of Use, we will automatically revoke the aforesaid permission and we will commit you to immediately destroy and delete all information, data and copies of our Website that are in your possession. Any use of our content and data beyond your personal non-commercial use requires our explicit written consent.

5. Confidentiality

(1) Generally, we do not want to receive any kid of confidential or proprietary information and data from any entity through forms, email addresses or other channels that are provided on our Website.

(2) If you send information or data through our Website or forms, email addresses or any other channels provided therein, we will always regard the information and data received as non-confidential and non-proprietary and will process them as such, even if the information and data received is marked explicitly as confidential.

(3) With submitting any kind of data, information or works via our Website the sender grants automatically and irrevocably the unrestricted right and cost-free license to freely use the submitted data, information and works. The granted rights and license shall further comprise to copy, reproduce, publish, distribute, change and modify, or to create derivative works from it or to exploit and use in any other commercial manner. The aforesaid irrevocably unrestricted rights and cost-free licenses will also be granted, if the submitted information and data are ideas, concepts, know-how, processes or technical works.

6. Hyperlinks

(1) While we have made every effort to ensure that information is free from error, we do not warrant accuracy, adequacy or completeness of content on this Website (see also Section “Liability”).

(2) All content of hyperlinked external webpages of third parties are the responsibility of and given by the third party webpage provider. The content on external third party webpages do not reflect the opinion of the directors or employees or the complete company of atech, but may be provided for information purposes and illustration of contexts.

(3) For all hyperlinks that are linked to our Website, the explicit written consent of atech is required. Generally, we give revocable consent only, if the use of such hyperlinks and the respective display of the Website will not result in a visual and/or functional change of our Website or its content and if the context through which the hyperlinks are used does not present the business relationship to atech in a misleading way or results in a damage of our Website or atech’s name, reputation or enterprise value.

7. Liability and Warranties

(1) We do not make any warranties or representations for hyperlinks to webpages of third party providers or other sources regarding the content, accuracy, completeness or actuality of such third party webpages.

(2) For hyperlinks hat are referring to commercial content or offers of third party webpage providers or companies or any other commercial contractor, we do not make any warranties or representations or assume any liability for products or services that are related directly or indirectly to any hyperlink, webpage, content or third party provider. We do not receive any payment for hyperlinks that are provided on our Website, nor any payments or commission or amenities for clicking on hyperlinks.

(3) When using our Website or information, data and functions provided therein you are acting at your own risk. With the use of our Website you assume the sole liability for potential damages and losses, which may result from the use of our Website, including loss of data and damages of your computer system.

(4) atech assumes no liability and warranties for the information and data, its merchantability or fitness or commercial applicability for any specific purpose or non-infringement of any third party’s intellectual property rights. We also do not assume liability or warranties that the Website and its information, data or functions will be available uninterruptedly, in-time or free from defects.

(5) atech assumes no liability for direct, indirect or any other damages and losses that may be related with information, data or functions of the Website, its access, displaying or use. We also are not liable for any other third party webpage that refers by hyperlinking to our Website or any information, data or function that is provided on our Website.

(6) Subject to any responsibilities implied by law and which cannot be excluded, no member of atech is liable to you for any direct, indirect, incidental, special, exemplary, consequential losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever arising out of or referable to the Website or its information, data or functions, the use of our Webpage, or to any third party webpages or third party webpage information, data or functions, whether in contract, tort including negligence, statute or otherwise.

8. Change of Control

(7) You and the Customer agree, that If the ownership of all or substantially all of the Website or the information, data and functions provided therein were to change, your personal and Customer data as well as existing contracts may be transferred to the new owner so the new owner can continue operations of the Website cellexis.com and its information, data, functions and services provided therein; the transfer of personal and Customer data may be performed without prior notice to you.

(8) In any such transfer of information, your user and Customer data would remain subject to the provisions of any of the current Privacy Terms.