Your Use of the Service 4.1 You will not use the Service in any way that would constitute or contribute to the commission of a crime, tort, fraud, or other unlawful activity (including activities deemed unlawful under a complainant’s legal jurisdiction) (“Laws”). You will indemnify, and keep us fully indemnified, against all costs, claims, demands, expenses, and liabilities arising out of, or in connection with, any claim that the Service (or its use) infringes any Laws.
Your Use of the Services You agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with this Agreement, not to use the Services for illegal purposes or in manner inconsistent with this Agreement, and not to interfere with or disrupt the networks connected to the Services. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, anyone else. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You acquire no rights to the Services and/or materials we provide to you other than the limited right to utilize the Services in accordance with this Agreement.
Restrictions on Use of the Service You agree to comply with Viasat’s Acceptable Use Policy, Data Allowance Policy, Bandwidth Usage Policy, Unlimited Data Policy and Email End User License Agreement applicable to your service located at xxx.xxxxx.xxx/xxxxx and xxx.xxxxxx.xxx/xxxxx, all of which are incorporated into and made a part of this Agreement. Viasat reserves the right to immediately terminate the Service and this Agreement if you knowingly or otherwise engage in any prohibited activity. You do not own or have any rights (other than those expressly granted to you) to a particular IP address, even if you are utilizing a static IP address.
Use of the Service 12.1 When using the Service you must comply with:
Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.
Modifications and Rectifications to Coverage 1. A Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex XVI, provided that it notifies the other Parties in writing and no Party objects in writing within 45 days from the receipt of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Parties.
Use of the Site You understand that, except for information, products or services clearly identified as being supplied by OPERA INFOTECH does not operate, control or endorse any information, products or services on the Internet in any way. Except for OPERA INFOTECH identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with OPERA INFOTECH a. You also understand that OPERA INFOTECH cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. OPERA INFOTECH PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OPERA INFOTECH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OPERA INFOTECH DOES NOT WARRANTI THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OPERA INFOTECH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITYIN NO EVENT WILL OPERA INFOTECH. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OPERA INFOTECH OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OPERA INFOTECH . LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. OPERA INFOTECH makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- OPERA INFOTECH web site, please understand that it is independent from OPERA INFOTECH. and that OPERA INFOTECH has no control over the content on that web site. In addition, a link to a OPERA INFOTECH web site does not mean that OPERA INFOTECH. endorses or accepts any responsibility for the content, or the use, of such web site.
Modifications to Service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.
Access to and Use of Content Customer has the right to access and use applicable Content subject to the terms of applicable Order Forms, this Agreement and the Documentation.
Scope of the Service It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. • The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. • THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. • Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. • To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. • All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. • In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. • THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:
