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| Your use of Compass E-Commerce will constitute your acceptance of the following terms. Please read these
terms carefully prior to your use of Compass E-Commerce.
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1. Limitation on Use: Customer will have a non-exclusive right to use Westcon's Compass E-Commerce and the
information contained on Compass E-Commerce ("Information") for Customer's business purposes, without charge.
This right may be terminated at anytime by Customer or Westcon. Customer acknowledges that Customer does not
own and is not entitled to sell, transfer or assign Compass E-Commerce or the Information. Customer is entitled to
download one copy of the Information.
2. Compliance with Law: Customer acknowledges and agrees that Compass E-Commerce and the Information may be
covered by laws and regulations concerning copyrights, patents and export restrictions and Customer agrees to abide
by all applicable laws and regulations. Reproduction and use of any portion of the Information supplied on this
database is permitted solely for authorized resellers in the promotion of Westcon and the OEM's products and services.
All sales are subject to Westcon's "Terms and Conditions of Sale".
3. Revisions: The Information and Terms of Use may be changed at anytime without notice to Customer and Customer
agrees to be bound by the most current Terms of Use. Prices quoted do not include shipping and insurance charges
and applicable taxes.
4. Disclaimer: Customer's use of Compass E-Commerce and the Information is at Customer's sole risk.
Westcon DOES NOT WARRANT THAT THE INFORMATION IS ACCURATE, COMPLETE OR CURRENT. Westcon WILL NOT BE
RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS REGARDING THE PRICES OR OTHER INFORMATION
SUPPLIED ON THIS DATABASE. Prices are subject to change without notice. Westcon makes no representation
as to the contents of any websites that are linked to E-Commerce. THE INFORMATION IS PROVIDED "AS IS" AND
"AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. LIMITATION OF LIABILITY: IN NO EVENT WILL Westcon, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS
AND EMPLOYEES HAVE ANY LIABILITY TO CUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, COMPENSATORY,
INCIDENTAL, EXEMPLARY, PUNITIVE,SPECIAL OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR BUSINESS FOR ANY CLAIM OR LOSSES CAUSED BY ANY ACT, ERROR, DELAY OR OMISSION OF
Westcon, REGARDLESS OF THE THEORY OF LIABILITY ALLEGED OR WHETHER THE CLAIM IS BASED UPON CONTRACT, TORT,
BREACH OF STATUTORY DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE.
6. Trademarks: All brand and product names are trademarks or registered trademarks of their respective companies.
7. Non-Disclosure. Customer agrees that during the term of this Agreement and for a period of three (3) years
thereafter, Customer will not disclose, and Customer will use reasonable care to prevent the disclosure of, the
Information provided to Customer hereunder. Customer will not sell, assign, transfer, release or otherwise disclose the
Information without the prior written consent of Westcon. Customer agrees to use the Information only in the manner
described in the Compass E-Commerce website. Customer agrees to provide the Information only to Customer's
employees on a need to know basis. Customer's obligations hereunder will not apply to Information that is generally
known to the public.
8. Indemnity. Customer agrees to indemnify, defend and hold Westcon harmless from any loss caused by Customer's
breach of this Agreement.
9. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of New
York, other than conflicts.
9. All sales are subject to
Terms and Conditions of Sale.
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