1. General

This website is owned and operated by Hitachi Solutions America, Ltd. (referred to as “Hitachi”). Hitachi has the right at any time to change or discontinue any aspect or feature of the website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the website.

2. Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto, and Hitachi shall have no responsibility for any of the foregoing.

3. Restrictions on Use

1. You shall use the website for lawful purposes only. You shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Without Hitachi's express prior approval, you shall not post or transmit through the website any material which contains advertising or any solicitation with respect to products or services. You shall not use the website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the website. Any conduct by you that in Hitachi's discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.
2. The website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the website are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the website, in whole or in part. You may download one copy of any copyrighted material for non-commercial use by you or within your organization only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Hitachi and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Moreover, Hitachi assumes no responsibility for, and shall not be liable for any damages to, your computer equipment or other property that may become infected or otherwise impacted as a consequence of your access or use of the website or your downloading of any materials or software available on or through the website, including, without limitation, computer viruses, bugs, worms, bots, incompatibility/ interoperability failures or comparable elements or problems.
3. You shall not upload, post or otherwise make available on the website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the website, you automatically grant, or warrant that the owner of such material has expressly granted Hitachi the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the website to access, view, store or reproduce the material for that user's personal use. You grant Hitachi the right to edt, copy, display, publish and distribute any material made available on the website by you.
4. The foregoing provisions of Section 3 are for the benefit of Hitachi, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Disclaimer of Warranty; Limitation of Liability

1. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER HITACHI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
2. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO ANY RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HITACHI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. IN NO EVENT WILL HITACHI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HITACHI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

5. Monitoring

Hitachi shall have the right, but not the obligation, to monitor the content of the website [including chat rooms and forums], to determine compliance with these terms of use and any operating rules established by Hitachi and to satisfy any law, regulation or authorized government request. Hitachi shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the website. Without limiting the foregoing, Hitachi shall have the right to remove any material that Hitachi, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification

You agree to defend, indemnify and hold harmless Hitachi and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the website.

7. Trademarks

HITACHI®, both as a word and in the form of a logo, is a trademark of Hitachi. All rights are reserved. All other trademarks appearing on the website are the property of Hitachi or of their respective owners.

8. Links

This website contains links to other websites. If you decide to access these third-party websites, you do so at your own risk. These third-party websites contain information created, published, maintained, or otherwise posted by organizations independent of Hitachi. Hitachi does not endorse, approve, certify, maintain, or control these third-party websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such third-party websites. Hitachi provides the links only as a convenience. Hitachi has not reviewed all of the sites which are linked to the website. Use of any information obtained from such third-party websites is at your own risk, and reliance on such information should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of a link in this website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Hitachi.

There may be circumstances where access to this website is provided by a hypertext link located at a third-party website. Hitachi has no responsibility for the content of such third-party websites, Hitachi does not make any representations or give any warranties or conditions with respect to any information contained in or at these third-party websites and Hitachi shall not be liable for any damages or injury arising from the content of or access to these third-party websites. Hitachi does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this website. Unless approved in writing in advance by Hitachi, you agree not to: (a) provide or create a link to this website; and (b) create any frames at any other sites pertaining to any of the Materials located at this website. You also agree not to post any materials at this website without the express written permission of Hitachi.

9. Viruses

Hitachi also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the web.

10. Export Control

Software and other materials from this website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No technical data or software from this website may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States, now or in the future, embargoes goods; or (2) to anyone, now or in the future, on the Unites States Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders. Hitachi does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States Export Control laws.

11. Distributors

The distributors of Hitachi identified on this website are independent contractors of Hitachi. The distributors are not joint venturers or partners of Hitachi. No employee or representative of any distributor is under the control of Hitachi.

12. Changed Terms

Hitachi has the right at any time to change or modify the terms and conditions applicable to use of the website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the website, or by electronic or conventional mail, or by any other means. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

13. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede any previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court in the State of Georgia, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Georgia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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