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Tungsten Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("Terms"), DO NOT USE THIS WEBSITE

Information about Us: This Website is hosted and operated by Tungsten Network Limited, a limited liability company registered in England and Wales under company number 03958038. Our registered office address is at Tower 42, Level 1, Tower 42, 25 Old Broad Street EC2N 1HQ. Our VAT number is GB6420612757.

References to “Tungsten Network”, “us”, “our” or “we” are references to Tungsten Network Limited, its subsidiaries and associated companies.

References to “you” or “your” means a reference to you as an individual, and, where applicable, the company or other legal entity for which you are accepting these Terms and any other party that you have authorized to use our website (“Website”) and our Tungsten Network portal on your behalf.

Use of Site: We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organization to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors. You may contact us to seek our permission by emailing betty.kim@kofax.com.

Without limiting other remedies, we may immediately issue a warning to you, or suspend or terminate access to or use of our Website: (a) if you breach any of these Terms or the documents incorporated by reference; or (b) if we are unable to verify or authenticate any of your information in any circumstances where you have provided your information; or (c) if we believe that your actions may cause legal liability for you, our users or us.

Software Downloads: The use of any software downloads made available from our Website or our Tungsten Network portal will be subject to the terms and conditions of the end user license agreement associated with such software. By downloading, installing, modifying, copying or by otherwise using such software you indicate your acceptance of the terms and conditions of the associated end user license agreement.

User Information: Any information you provide to us or upload to our Website or our Tungsten Network portal: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not be defamatory, libellous, unlawfully threatening or harassing; (f) shall not be obscene or contain pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate our Website or Tungsten Network portal or any part thereof; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms.

Data Privacy and Data Protection: We process information about you in accordance with our privacy policy (“Privacy Policy”), a copy of which can be found at: Privacy Policy. By using our Website and/or Tungsten Network portal you consent to such processing.

Links to other Websites: Links to third party websites on this Website are provided solely as a convenience to you. If you use these links, you will leave this Website. Tungsten Network has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Tungsten Network does not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.

Linking to Our Website: You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

Social Media: While Tungsten Network has official profiles on a number of social networks, this does not mean that Tungsten Network endorses their products or services. If you cannot access the social network, it is not the responsibility of Tungsten Network.

Forum use: Where you or any other person make use of any feature that allows uploading of content, information or opinions to the Website (“Material”) Tungsten Network does not guarantee the reliability, completeness, accuracy, timeliness or up-to-date-ness of the Material presented on the discussion board. Any Material is published “as is”, and does not represent the official views and opinions of Tungsten Network. By submitting or uploading any Material on the Website you grant Tungsten Network the copyright of the Material.

You are entirely responsible and liable for all Material posted or uploaded to the Website. Listed below are some, though not all, violations which may result in Tungsten Network deleting Material. You agree not to do any of the following actions while posting to Tungsten Network: (a) harass, threaten, embarrass or slander any person or entity; (b) transmit via Tungsten Network any information, data, text, files, links, software, chat, communication or other materials that Tungsten Network considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; (c) impersonate any business or person, living or dead, famous or not yet so; (d) disrupt the normal flow of dialogue in the discussion board or otherwise act in a manner that negatively affects other users; (e) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and (f) intentionally or unintentionally violate any laws. Tungsten Network shall have the right, but not the responsibility, to remove any Material which is deemed in Tungsten Network’s sole discretion harmful, offensive, or otherwise in violation of any laws. You will indemnify us for any breach of this provision.

Disclaimer: THE MATERIALS AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Tungsten Network further does not warrant the accuracy and completeness of the materials or services at this Website. Tungsten Network may make changes to the materials and services at this Website, or to the products and prices described in them, at any time without notice. The materials and services at this Website may be out of date and Tungsten Network makes no commitment to update the materials and services at this Website. Information published at this Website may refer to products, programs or services that are not available in your country. Consult your local Tungsten Network business contact for information regarding the products, programs and services that may be available to you.

Limitation of Liability: IN NO EVENT WILL TUNGSTEN NETWORK, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. NOTHING IN THIS AGREEMENT SHALL EXCLUDE THE LIABILITY OF TUNGSTEN NETWORK FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FROM THAT OF ITS SERVANTS, AGENTS OR EMPLOYEES OR FOR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH IT IS PROHIBITED FROM EXCLUDING BY LAW. TO THE EXTENT THAT TUNGSTEN NETWORK MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF TUNGSTEN NETWORK’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

No Agency: You and Tungsten Network are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Admissibility in Legal Proceedings: A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Applicable Laws: This Website and the Tungsten Network portal are administered by Tungsten Network from its registered office which is in the United Kingdom. Tungsten Network makes no representation that materials or services at this Website are appropriate or available for use outside the United Kingdom. If you choose to access this Website and/or the Tungsten Network portal from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms and the Privacy Policy will be governed by and construed in accordance with laws of England and Wales and, by accessing this Website, you hereby submit to the exclusive jurisdiction of the courts of England and Wales.

General: Tungsten Network may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.