Timesys Terms of Service
This Terms of Service was last modified on August 18, 2023
Welcome to our ‘Timesys’ website, (the “Website”) developed, owned and operated by Timesys Incorporation (“Timesys”, “we”, or “us” or “our”). Please read these Terms of Service (“Terms”) carefully before using this Website or accessing any information, content or services through the Website. These Terms create a binding agreement between Timesys and all visitors, users and others (including individuals and entities) who access the Website and/or have subscribed for the Services offered through this Website (“User(s)”, “you”, “your”).
These Terms are intended to provide and govern the terms and conditions for your use of an array of software solutions offered through Website (“Services”).
BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILAR BUTTON) OR BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE OR ACCESS ALL OR ANY PORTION OF THE WEBSITE.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not possess such an authority or do not agree to these Terms, then you must not accept these Terms and may not use the Services.
You may not access this Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
We reserve the right to amend these Terms at any time with a thirty (30) days prior written notice to Users through the Website You may terminate your use of our Services by providing written notice of termination to Timesys within such notice period and immediately cease all access and use of the Services if you do not agree to the change in Terms. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms. Your use of the Website following any such amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access or use the Website, you should read these Terms.
For the purpose of these Terms, Timesys and Users shall be individually referred to as “Party” and collectively shall be referred to as “Parties”.
Please note that we offer many services. Your use of Timesys products and services are pursuant to a separate manually or digitally executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.
1.1 “Documentation” shall mean any accompanying documents, content, data, user guides, online help, release notes, training materials provided to you along with the Services and/or Software.
1.2 “Enhancements” shall mean any modification, update, upgrade or addition to the Services and/or Software that, when made or added to the Services and/or Software and its modules currently being used by you, provides minor functionality or enhancements to the Services and/or Software but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by us to all its users as a part of their subscription to Services and/or Software.
1.3 “Error” shall mean any verifiable and reproducible failure or inability of the Services and/or Software to perform any material functions set forth in the Documentation due to any programming defect in the Services and/or Software when used by you as specified under these Terms or the Documentation. The term “Error” shall not include any failure or inability of the Services and/or Software that (i) results from the misuse or improper use of the Services and/or Software, (ii) does not materially affect the operation and use of the Services and/or Software, (iii) results from any modification to the Services and/or Software that is not a Licensor authorized change, (iv) results from any cause beyond reasonable control of the Licensor including third party cloud environment, hardware, software, firmware, malicious code like virus, trojan or malware.
1.4 “Fixes” shall mean any modification or addition to the Services and/or Software that, when made or added to the solution or modules currently being used by you, corrects Errors but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by Timesys to all its customers.
1.5 “Fees” shall mean the fees payable to Timesys for the Services, as per the plan selected by you from the Website.
1.6 “Services” shall mean the internet accessible service offered by Timesys in a subscription form under which the Software hosted by Timesys on cloud is made available for your use along with the support and maintenance services for the Software.
1.7 “Software” shall mean any client software provided as a part of the Services and as may be selected by you from Website.
2. REGISTRATION OF YOUR ACCOUNT:
2.2 Users may register on the Website through their Accounts with Third Party Platforms (defined below) for availing the Services. As part of the Services, you authorize us to import your login-in credentials, details and personal information dispersed over Third Party Platforms. “Third Party Platforms” would mean including but not limited to social networking platforms, such as Google and other similar platforms.
2.3 In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an Account assigned to you by an administrator, additional terms may apply to your use of the Website. Moreover, your administrator may be able to access or disable your Account without our involvement.
2.4 The User shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under your Account, and you must keep your Account ids and password secure. You may not share or transfer your account with any third-party. If you believe that your Account has been compromised at any time, You agree to immediately notify your administrator and Timesys of any unauthorized use of Your account or any other breach of security of which You become aware. You must use reasonable efforts to stop any unauthorized use of your Account that is known or suspected. You shall be solely responsible for Your acts and omissions. Timesys shall not be liable for any losses caused by any unauthorized use of your Account, loss of data or functionality by the User. We also, at our sole discretion, reserve the right to refuse or cancel registration of any Account which we deem inappropriate.
2.5 Authorized Use: You agree that in using Services and/or Software, You shall not violate any applicable law, regulation or governmental order. You hereby certify that you will not export, or re-export products or technology obtained via Services and/or Software in violation of applicable export regulations.
2.6 You shall comply with all Timesys reasonable security and other procedures and policies governing access to, and use of, Services and/or Software that Timesys notified in writing to You in advance. In case of any discrepancy between Timesys procedures and policies governing access to and use of Services and/or Software and these Terms, these Terms shall control.
2.7 Service Access: You are responsible for obtaining access to Website and that access may involve third party fees (such as ISP charges). In addition, You must provide and are responsible for all equipment necessary to access Website.
2.8 Your Content: Once You have an Account, You may be provided with the ability to store Your customized Linux code, tools, designs, documentation, manifests, workorders, security reports, test reports, and specifications (together with all materials saved, uploaded or otherwise contributed by You to the Website, collectively referred to as “Your Content”). You are solely responsible for collecting and updating all Your Content on the Website, and for ensuring that Your Content shall not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious.
2.9 Modifications and Termination: We reserve the right to modify our Website, Services or Software at any time without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Website, Services or Software at any time.
2.10 Export Compliance: In addition, You hereby certify that You: (a) are not a citizen of, nor located in, any of the countries prohibited from receiving exports from the United States of America (“US”), or prohibited from transacting with US citizens pursuant to US embargo or other sanctions; (b) are not prohibited from receiving US exports by being listed on any export denial list published by the: US State Department – Directorate of Defense Trade Controls, US Treasury Department – Office of Foreign Assets Control, or US Department of Commerce – Bureau of Industry and Security; and, (c) will not export or re-export US-origin products or technology obtained from Timesys in violation of US export regulations.
2.11 Compliance with Laws: You shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You acknowledge that Timesys exercises no control over the content of the information transmitted by you or the permitted Users through the Services and/or Software. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
3. SUBSCRIPTION FEE, OTHER CONSIDERATIONS AND RESTRICTIONS
3.1 Paid Use License:
a) Subject to these Terms, if You purchased a Services and/or Software, upon creation of an Account, Timesys hereby grants You a fixed-term, limited non-exclusive, non-transferable, revocable, license (without the right to sublicense or redistribute) to use the specific Services and/or Software for which You have paid applicable fees solely for Your internal business purposes and solely for the purpose of accessing and using Services and/or Software, in accordance with these Terms. The Services and/or Software may only be accessed by the number of users for which You have paid the applicable fees.
b) The license granted to You in these Terms is contingent upon Your payment to Timesys of the Fees for a specific Services and/or Software, if applicable, in accordance with Timesys pricing policies current as of the date of your order.
c) Timesys reserves the right to charge interest at a rate of 1.5% per month or the highest rate allowable by law on any undisputed past due balances.
d) Any applicable subscription and technical support fees are exclusive of any applicable taxes. You agree that You shall be responsible for the payment of all taxes related to the Services and/or Software, Your Content, and these Terms, other than taxes based upon Timesys’ income.
3.2 Trial Software: If you intend to use Software for evaluation purpose only, then the License granted hereunder is a limited, non-exclusive, non-transferable, revocable license to use Software solely during the License Period for internal review and testing purposes only. This License shall terminate immediately and without further notice upon expiration of the License Period, at which time You should stop using Software and related Documentation. “License Period” means (subject to earlier termination as set forth in these Terms) the period of time beginning with the date of activation and ending upon the earliest occurrence of any of the following events: (i) You purchase a subscription and technical support for Software; or (ii) End date of the mutually agreed upon trial period.
3.3 Pre-Release Software: Software has not yet been made generally available for licensing by the public (“Pre-Release Software”), then the license granted hereunder is a limited, non-exclusive, non-transferable, revocable license to use the Pre-Release Software solely during the License Period for internal review and testing of the Pre-Release Software. This license grant shall terminate immediately and without further notice upon expiration of the License Period, at which time You shall stop using Pre-Release Software and related Documentation. “License Period” means (subject to earlier termination as set forth in these Terms) the period of time beginning with the date upon which You first access the Pre-Release Software and ending upon the earliest occurrence of any of the following events: (i) the Pre-Release Software is released and made generally available for licensing to the public; or (ii) Timesys notifies You of its intent to terminate the use of such Pre-Release Software (in which case the License Period will end thirty (30) days after such notification).
3.4 Restrictions: Timesys grants you any of these licenses as set forth in these Terms, provided that: (i) you will not copy, distribute, lease, assign, sublicense, otherwise transfer access or disclose in whole or any part of Services and/or Software in any medium; (ii) you will not alter or modify any part of the Services and/or Software other than as may be reasonably necessary to use the Services and/or Services for its intended purpose; (iii) you agree not to sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services and/or Software and (iv) you will otherwise comply with these Terms. Nothing herein contained shall be construed as granted to the User any intellectual property right, which includes copyrights, regarding the Website and/or Services and/or Software except as expressly provided for hereunder. Timesys reserves all rights not expressly granted herein. Use of the Website for any purpose not expressly permitted by these Terms is strictly prohibited.
3.5 Additional Consideration – Publicity: In further consideration of Paid Use License granted hereunder, You agree to permit Timesys to use Your name and trademarks to identify You as a Timesys customer on Timesys Website, in Timesys marketing materials, and in other sales and marketing activities. Timesys agrees to cooperate with You in reasonable publicity efforts involving Services and/or Software, such as, for example, media releases and marketing materials in accordance with Your reasonable request.
3.6 Marks: You hereby grant to Timesys the non-transferable, non-assignable, revocable right and license to use your name and trademarks (“Marks”) solely in fulfillment of obligations and exercise of rights under these Terms.
3.7 General: All rights not expressly granted herein are expressly reserved.
4.1 “Confidential Information” means information disclosed by one Party to the other which includes all non-public or proprietary information treated as confidential by a Party, including, without limitation, any and all Software, Documentation, Enhancement, financial, business, technical, marketing, commercial, legal or other information of whatever nature, business plans, methods, processes, inventions, techniques, designs, data, know-how, ideas, concepts, strategies, trade secrets, and Services and such other information irrespective of whether such information has been or will be disclosed in writing, verbally or in any other form, disclosed to the other party under these Terms.
4.2 Regardless of the above, the term Confidential Information shall not include any information which the party receiving the information can clearly establish by documented evidence (i) was at the time of disclosure to it, in the public domain; (ii) was after disclosure of it, published or otherwise becomes part of the public domain through no fault or breach of the receiving party; (iii) was known to the receiving party prior to such disclosure, without any undertaking towards a third party to keep such information confidential; (iv) was provided to it from a third party who had a lawful right to disclose such information to it and which was disclosed by such third party without any obligation for the receiving party to keep such information confidential; or (v) was independently developed by the receiving party without use of the Confidential Information of the disclosing party.
4.3 Receiving party shall be entitled to disclose Confidential Information in response to a valid order of a court or any other governmental body having jurisdiction over the respective Parties or these Terms or if such disclosure is otherwise required by law, provided that the receiving party shall first, to the extent possible, notify the disclosing party of the required disclosure and make reasonable efforts to reduce any damage to the other party resulting from such disclosure.
4.4 The receiving party shall only use the Confidential Information for the purpose it is disclosed for. Furthermore, the receiving party shall keep Confidential Information and data received from disclosing party in strict confidence and shall not disclose to any third parties except to a limited group of receiving party’s directors, officers, agents, authorized representatives on a need-to-know basis. Receiving party shall ensure that any person to whom the receiving party gives access to Confidential Information of the disclosing party will comply with the confidentiality requirements set out in these Terms. The receiving party shall be responsible for any breach of such confidentiality requirements by such persons.
4.5 The receiving party agrees that any violation of the confidentiality obligations will cause irreparable injury to the disclosing party, entitling the disclosing party to obtain injunctive relief in addition to all legal remedies.
4.6 Upon request by the disclosing Party, the receiving Party shall immediately return to the disclosing Party, all Confidential Information disclosed by the disclosing party and all copies thereof. All such information shall be and shall remain the sole property of the disclosing party. The obligations in this Section 4 shall apply for the duration of these Terms and for a period of three (3) years thereafter.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 General: Timesys holds and retains all right, title and interest in and to Website, Services, Software, Documentation, Enhancements, the related source code, any and all modifications to or derivatives of Software, and branding thereof any and all associated patents, copyrights, and other intellectual property rights such as copyrights, trademarks, service marks therein. Any rights not expressly and unequivocally granted to the User are reserved.
5.2 Your Content: You hold and retain all right, title and interest in and to Your Content, the related source code, any and all modifications to or derivatives of Your Content, and any and all associated patents, copyrights, and other intellectual property rights. All software related to Your Content is your Confidential Information. Timesys’ Services and/or Software are separate and distinct from your Content. Timesys obtains no rights in or to your Content except to the extent necessary for Timesys to provide Services and/or Software to You, including without limitation for purposes of security and system operations, maintenance and Enhancements of Services and/or Software.
5.3 Third Party: While availing Services and/or Software, you may allow access to websites that are owned and/or operated by third parties and are not under Timesys control (“Third Party Websites”). You acknowledge and agree that Timesys provides such links to Third Party Websites only as a convenience and the existence of any link does not imply endorsement by Timesys of any Third Party Website or any part of its content or any products or services available through such site.
5.4 Services and/or Software and Your Content: Services and/or Software are separate and distinct from Your Content. Timesys obtains no rights in or to Your Content except to the extent necessary for Timesys to provide Services and/or Software to You, including without limitation for purposes of security and system operations, maintenance and enhancements of Services and/or Software.
5.5 Open Programs: These Terms do not apply to the Linux kernel or any other software tools, drivers or other components identified as subject to an opensource license in the relevant notice, license and/or copyright files included with the programs (collectively the “Open Programs”). Open Programs may be supplied in the same electronic file transmission as proprietary software but are separate and distinct programs.
5.6 Injunctive Relief: You hereby acknowledge and agree that Services and/or Software and related source code are proprietary and confidential to Timesys and that Software and/or Services and related source code contain valuable Timesys trade secrets, the disclosure of which would cause Timesys irreparable harm for which monetary compensation would be inadequate. You therefore further agree that if You breach Your obligations under these Terms, Timesys shall be entitled to injunctive relief from a court of competent jurisdiction without the need to post any bond or demonstrate actual damages.
6. YOUR WARRANTIES
You warrant that You will not use the Services and/or Software to:
6.1 Your Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
6.2 publish Your Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;
6.3 publish Your Content or any other material that contains software viruses or any other computer code that interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment;
6.4 publish Your Content or any other material that is unlawful, fraudulent, harassing, libelous or obscene;
6.5 interfere with or attempt to interfere with the proper working of Services and/or Software
6.6 take any action which imposes an unreasonable or disproportionately large load on Services and/or Software;
6.7 Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or order.
7. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Timesys respects the intellectual property of others, and we ask our users to do the same. Timesys may, when acting reasonably and in good faith, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who may be infringing on the intellectual property of others with Your Content on the Timesys Service. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Timesys Copyright Agent the following information:
7.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
7.2 a description of the copyrighted work or other intellectual property that You claim has been infringed;
7.3 a description of where the material that You claim is infringing is located;
7.4 your address, telephone number, and email address;
7.5 a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7.6 a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You acknowledge and agree that, third-party’s may upload certain codes on the Website, but in no event Timesys will be responsible for any claims arising out of content or code displayed on the Website by any third party.
For Notice of claims of copyright or other intellectual property infringement can be reached at firstname.lastname@example.org or by written notice to Timesys Corporation, 1905 Blvd. of the Allies, Pittsburgh, Pennsylvania 15219 USA.
THIS SECTION 7 IS SUBJECT TO SECTION 12 AND STATES THE ENTIRE LIABILITY OF TIMESYS AND ITS LICENSORS AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY ALLEGED OR ACTUAL PATENT OR COPYRIGHT INFRINGEMENT OR TRADE SECRET MISAPPROPRIATION BY ANY TIMESYS SERVICES AND/OR SOFTWARE LICENSED UNDER THIS AGREEMENT.
8. TECHNICAL SUPPORT
Timesys Service Technical Support consists of the support described at https://linuxlink.timesys.com/about/support/. Timesys will endeavor to provide Fixes to any Errors reported by you.
9. NO WARRANTY
9.1 Timesys shall use reasonable efforts in its quality assurance processes to ensure that Services and/or Software are free from any Errors. However, Timesys does not warrant that Services and/or Software shall be entirely free from Errors, currently known or unknown.
9.2 Timesys provides storage of your Content solely for purposes of assisting you with your development. You are solely responsible for separate storage and back-up of any content that you store or otherwise contribute to Services and/or Software. Any such content is stored at your own risk and Timesys expressly disclaims responsibilities for any loss of data that results from the storage of any such material, regardless of how the loss occurs.
9.3 Pre-Release Software may not be fully tested, debugged, or otherwise readied for production use. Any information provided by Timesys regarding the development status of Pre-Release Software is for informational purposes only.
9.4 THE SERVICES AND/OR SOFTWARE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR COVENANTS WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS, STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, OR ARISING OTHERWISE IN LAW OR EQUITY OR COVENANT BASED ON A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. TIMESYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES AND/OR SOFTWARE WILL BE UNINTERRUPTED OR THE SERVICES AND/OR SOFTWARE WILL OPERATE IN COMBINATION WITH YOUR CONTENT, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY US.
10. TERM AND TERMINATION
10.1 These Terms shall become effective upon logging into the Website and shall remain in full force and effect until terminated under this Section 11.
10.2 Timesys may terminate your Account with respect to the Services and/or Software (including Your access to LinuxLInk) without cause by providing thirty (30) days’ prior written notice to you.
10.3 Timesys may terminate Your Account with respect to the Services and/or Software (including Your access to LinuxLInk) in the event that You materially violate these Terms, and such violation is incurable or in case of a curable violation, with written notice from Timesys to You, if such violation has not been cured to Timesys reasonable satisfaction within thirty (30) days after such written notice. You may terminate these Terms by providing notice to Timesys at any time. Upon termination for any reason, You shall immediately cease use of the Services and/or Software. The parties hereby agree that the terms and conditions of the present contract shall survive the termination to the extent necessary for the enforcement of the parties rights and obligations.
10.4 Upon termination of these Terms by You or Timesys for any reason or no reason, Timesys shall cease to use and delete (except from backup) all of Your Content stored on Website. You hereby release and hold Timesys harmless for any loss of data You may suffer as a result of the deletion of Your Content pursuant to this Section 10.
You agree to indemnify, defend, and hold Timesys harmless from and against any and all claims, suits, damages, costs, and expenses arising from –
i. Your breach of or violation of applicable laws and regulations;
ii. Use of Services and/or Software other than as permitted under this Agreement;
iii. A third party claim made against Timesys for infringement or misappropriation based upon following conduct –
● Your use of Services and/or Software;
● Your Content infringes any patent, copyright or trademark or misappropriates any trade secret.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law and notwithstanding the failure of any remedy to fulfill its essential purpose: in no event shall Timesys, Timesys officers, directors, employees, agents, or distributors be liable to You (or to any third party claiming under or through you) for any direct, indirect, special, incidental, consequential or exemplary loss or damages or legal fees arising from or related to the use of Services and/or Software, howsoever arising, or any damages related to these Terms in excess of the amount of Subscription Fees paid by you to Timesys hereunder in the twelve (12) months preceding the event giving rise to the claim. Notwithstanding the foregoing, in no event shall Timesys, Timesys officers, directors, employees, agents, or distributors be liable for any indirect, special, punitive, or consequential damages, including without limitation, loss of profits, howsoever arising, even if informed of the possibility of such damages.
13. DATA PROTECTION AND PRIVACY
13.1 You expressly agree that you will not share personal information with us, unless in compliance with the applicable laws.
13.2 You shall also seek express written consent from each permitted user that you shall be entitled to engage any third-party operators to process the personal information and to transfer such personal information to any third party in other countries for processing and/or storage purposes.
13.3 You and your representatives or users will take the utmost care to ensure the confidentiality of the personal information shared while availing the Services and will not through any act of omission or commission compromise the privacy of such personal information.
13.4 In the event any government agency mandates under the applicable law to obtain personal information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offenses or any other government authority, law enforcement agency, investigative authority or any other statutory, judicial or quasi-judicial authority, requires or directs us to provide such authority with access to the personal information, we shall have the right to disclose the personal information with such authority, you hereby grant express consent to us to disclose the personal information or provide access as aforesaid. We shall also be entitled to provide access to personal information to any person to comply with the provision of applicable laws.
13.5 You must prior to sharing personal information with us specifically and clearly notify us about the same and identify any additional compliance requirements. Only after you are satisfied that all applicable requirements for such data sharing have been complied with only then we shall have an obligation to upload/access such personal information for providing the Services.
13.6 If you discover that an unauthorized use, access, violation, compromise or breach of security (electronic or physical) involving or related to any personal information has occurred you shall immediately and within 24 hours notify us specifically identifying the nature of the unauthorized use, access, violation, compromise or breach of security.
13.8. Taking into account the nature of the processing, we are a processor of personal information and will assist you with provision of technical or organizational measures, insofar as possible, for the fulfillment of your obligations in relation to any requests from the end users in respect of access to or the rectification, erasure, restriction, portability, blocking or deletion of their personal information that we process on your behalf. In the event, an end user sends such a request directly to us, we will promptly forward such a request to you.
13.9 Unless otherwise required by applicable law, we will have no obligation to store your information after the termination of Services.
14. DISPUTE RESOLUTION
In the event of a dispute between You and Timesys arising in connection with these Terms, such dispute shall be solely and finally resolved by binding arbitration under the rules and auspices of the American Arbitration Association. Arbitration shall take place in Pittsburgh, PA, U.S.A. The foregoing shall not prevent each party from seeking applicable injunctive relief in a court of competent jurisdiction.
15. CHOICE OF LAW AND FORUM
These Terms shall be governed for all purposes by the laws of the Commonwealth of Pennsylvania.
16.1 Entire Agreement: These Terms contain the entire agreement and understanding between You and Timesys with respect to the subject matter. Additional or conflicting terms on any document issued by a Party shall have no force or effect against the other Party. If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected.
16.2 No Assignment: These Terms may not be assigned by you, in whole or in part, without prior written consent of Timesys. Any attempted transfer or assignment by you in violation hereof shall be null and void.
16.3 No Waiver: No waiver by either Party of any rights under these Terms will be effective unless such waiver is signed by the Party against whom enforcement is sought.
16.4 Notice: Any notices relating to these Terms should be sent by you via registered delivery to Timesys Corporation, 1905 Blvd. of the Allies, Pittsburgh, Pennsylvania 15219 USA. Whereas, in case of any notice from Timesys, Timesys may update such notice on the Website or send an email to your Account.
Thank you for your cooperation. We hope you find the Website https://www.timesys.com helpful and convenient to use! Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via registered mail to: Attention: President, Timesys Corporation, 1905 Blvd of the Allies, Pittsburgh, PA 15219. We try to answer every email in a timely manner but due to volume may not always be able to do so.