PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SOFTWARE PROGRAM. THE MIVIA/MICOR APP (THIS “APP”) YOU HAVE DOWNLOADED IS PROVIDED BY MITAC INTERNATIONAL CORPORATION (“MITAC”). REGISTERING, INSTALLING OR USING THIS APP INDICATES THAT YOU ACCEPT THE FOLLOWING TERMS AND ALL TERMS AND CONDITIONS CONTAINED AND/OR REFERENCED HEREIN AND ANY ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THIS APP (THIS "AGREEMENT"). IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE THIS APP.
MiTAC reserves the right to update or modify this Agreement at any time without notice to you. You acknowledge and agree that if you register or use this APP after the date on which this Agreement have changed, MiTAC will treat your registering or continued use as acceptance of the updated Agreement. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of this APP.
GRANT OF LICENSE
Subject to your compliance with this Agreement, this Agreement grants you a personal, revocable, non-exclusive and non-assignable license to use this APP. This APP and all the designs, layouts, formats, contents, products, materials, results or information contained on or available through this APP (the “Content”) are only for your personal and non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials of the Content. You are not permitted to modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell information, software or results obtained from the Content. You agree not to interrupt or attempt to interrupt the operation of this APP in any way.
The Content at this APP is protected by copyright under the relevant copyright laws and international conventions. If you breach any of this Agreement, your authorization to use this APP automatically terminates.
MiTAC reserves the right to make deletions, changes or updates with respect to or in the Content or the format thereof at any time without notice to you. MiTAC reserves the right to terminate or restrict the access to or use of the APP for any reason whatsoever at its sole discretion. The Disclaimer and Limitation of Liability contained in this Agreement shall survive such termination or restriction.
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE CONTENT (INCLUDING ALL SOFTWARE) AND INFORMATION AT THIS APP ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NO RESULT OR INFORMATION PROVIDED BY MITAC SHALL COSTITUTE A WARRANTY, AND YOU SHALL NOT REPLY ON ANY SUCH RESULT OR INFORMATION. MiTAC's obligations with respect to its result and information are governed solely by the agreements under which they are provided and nothing on this APP shall be construed to alter such agreements. MiTAC further does not warrant (i) the accuracy, reliability, timeliness and completeness of the materials, software, result or information at this APP; or (ii) the server that makes this APP available is free of viruses or other components that may infect, harm, or cause damage to your device or any other property when you access, browse, download from or otherwise use this APP. The Content, including but not limited to all software, at this APP may be out of date, and MiTAC makes no commitment to update the Content at this APP. This App is not for diagnosis or medical use. You acknowledge that this APP should be used only for general information purposes and you should not rely on this APP for any life or death situation. You shall ensure that the personal physical information you enter into is accurate and always consult your physician before you begin to set up or modify any goal.
This Disclaimer is an essential condition of this Agreement. To the extent permitted by law, MiTAC excludes all warranties.
LIMITATION OF LIABILITY
IN NO EVENT WILL MITAC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ANY DEFECT IN THIS APP, OR THE RESULTS OF USE OF THIS APP, ANY WEBSITES LINKED TO THIS APP, OR THE MATERIALS OR RESULT OR INFORMATION CONTAINED AT ANY OR ALL SUCH APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MITAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, defend and hold MiTAC and its affiliates harmless from and against any liability, losses, injury (including injuries resulting in death), costs, and expenses (including attorney’s fees) incurred by MiTAC or any of its affiliates in connection with any claim arising out of or in connection with: your use or possession of this APP; your violation of this Agreement; your violation of the rights of any other person or entity.
USE OF PERSONAL INFORMATION
COLLECTION, PROCESSING AND USE OF PERSONAL INFORMATION
Please read carefully the following contents with regard to the protection of your personal information MiTAC collected within the geography of Republic of China and privacy. Providing, entering into or storing your personal information through this Website indicates that you have fully acknowledged and accepted that MiTAC and its subsidiaries, affiliated companies, branches, business partners and third parties on its behalf shall have the right to directly or indirectly collect, process, use or internationally transmit your personal information. Pursuant to the Personal Information Protection Act (R.O.C.), MiTAC hereby requests you to note and understand the following:
- Purpose of Collection: marketing, contract, contract-like or other legal relation matters, consumer, customer management and service, internet shopping and other electronic commerce services, investigation, statistics and research analysis, other consulting and consultant services (Legal Specific Purpose Code 040, 069, 090, 148, 157, 182), other business operation in accordance with the business registration, and delegating other person to handle the related matters.
- Classification of Personal Information:
- Types of Identification C001 to C003
- Types of Characteristic C011 to C013, C023 and C024
- Social Conditions C031, C032, C034, C035, C038 and C039
- Employment C061
- Details Concerning Finance C081
- Other Kinds of Data and Information C131 and C132
- Time Period, Area, Target and Way of Use:
- Time Period: the duration of the specific purposes of collecting personal information, or the time period as stipulated by the laws of Republic of China (for example, Business Entity Accounting Act), or the time period required for MiTAC to carry out the business activities (if the required period is longer than the one stipulated by laws), or the time period provided in an individual contract.
- Target: MiTAC and its subsidiaries, affiliated companies, business partners and third parties on its behalf, judicial authorities, authorities which have investigation rights according to the laws, other recipients of internationally transmitted personal information who are not restricted by the central competent authorities, or any other trading counterparties of MiTAC who have the need to collect, process, use and internationally transmit the relevant personal information.
- Area: the place where the aforesaid person or entity the Personal Information is provided with is located, whether domestically or abroad.
- Method/Way: to collect, process, internationally transmit and use the personal information through automatic machines or by other non-automatic measures (such as the use of the hardcopy, electronic document or other appropriate measures based on then applicable technology) according to the Personal Information Protection Act (R.O.C.) and the relevant laws and regulations.
- Rights you may exercise regarding your personal information: with regard to your personal information provided by you to MiTAC, you may, subject to the relevant provisions of the Personal Information Protection Act (R.O.C.), exercise the rights as follows:
- inquire or request for review or making duplicates of your personal information; a fee may be charged to you by MiTAC according to the relevant laws;
- request to supplement or correct your personal information; however, you shall provide the adequate explanation according to the relevant laws;
- request to discontinue the collection, processing or use of your personal information, or request to delete your personal information; however, MiTAC reserves the right to reject your request if it is necessary for its performance of duty or conduct of business, or required by relevant laws and regulations.
- You may, at your free discretion, decide whether or not to provide your personal information. However, if you decide not to provide your personal information, MiTAC or this Website will not be able to provide you with the products or services, or carry out the necessary business activities, process or other related services for you; MiTAC shall have to right to decide or reject to conduct the transactions, business activities or any other related matters with you.
LINKS TO THIRD-PARTY WEBSITES
Links on this APP to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this APP. MiTAC has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, MiTAC does not endorse or make any representations about them, 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 APP, you do this entirely at your own risk.
This Agreement and any additional terms and conditions accompany with this APP constitute the entire agreement between you and MiTAC with respect to your access or use of this APP. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this APP. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of it, and the remainder of this Agreement shall continue in full force and effect. MiTAC makes no representation that the Content in the APP is appropriate or available for use in any or all locations, and access to them from territories where their content is illegal is prohibited. Your decision and choice to access this APP from any location is on your own initiative and you are responsible for compliance with applicable local laws. This Agreement shall be governed by the laws of Republic of China. All disputes that may arise under or in relation to this Agreement shall be submitted to the court in Taipei, Taiwan.
By downloading or using this APP, you agree to be bound by this Agreement and any of its revisions updated or modified by MiTAC.
Any rights not expressly granted herein are reserved.