User shall not, nor permit any person to: (i) reverse engineer, decrypt, disassemble, or otherwise attempt to derive the source code of the site (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the site; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the site; (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the site, or any portion thereof; (v) transfer, use, or export the site in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the site or any system services accessed through the site to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component.
User agrees to maintain the confidentiality of any confidential information. The documentation of the site shall be deemed Hitachi Systems Micro Clinic’s Confidential Information. This section shall not apply to any information that is or becomes publicly available through no breach of this Agreement by the receiving party or is independently developed by the receiving party without access to or use of the Confidential Information of Hitachi Systems Micro Clinic.
Except as provided herein Hitachi Systems Micro Clinic shall be liable to the other for any delay in the performance or any non-performance of any of its obligations and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an Act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactment’s of any kind, import or export regulations, exchange control regulations, fire or accident, flood, earthquake etc. User affected by Force Majeure shall take all necessary steps to mitigate the event of Force Majeure.
If any provision of this documentation is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
The user agrees and undertakes to indemnify Hitachi Systems Micro Clinic for any of the acts or omissions violating the terms and conditions of this Agreement and any claim or consequential loses arising thereof. User further agree to indemnify and undertake to bear the costs and consequences for any loss or damage that is caused to Hitachi Systems Micro Clinic due to negligence, carelessness, rashness by itself or by any of its representatives.
RELATIONSHIP OF PARTIES
The access or use of any part of the site will not establish any relationship of partnership, joint venture, employment, franchise or agency between the user and Hitachi Systems Micro Clinic. User will have no power to bind Hitachi Systems Micro Clinic or incur obligations on Hitachi Systems Micro Clinic’s behalf, without Hitachi Systems Micro Clinic’s prior written consent, except as otherwise expressly provided herein.