ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE OR MOBILE APPLICATION. ACCESSING OR USING THE M2COMMUNICATION WEB SITE OR DOWNLOADING THE M2COMMUNICATION MOBILE APPLICATIONS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”) IN THEIR ENTIRETY, DO NOT USE THE WEB SITE OR MOBILE APPLICATION.

Use of Site. M2Communication, Inc., including its corporate affiliates and subsidiaries, (“M2COMM”) authorizes you to view and download the materials at this Web site and/or mobile application (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site, mobile application, or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Third Party Services. When you use the Site, you may also be using the services of one or more third parties, such as an internet service provider, wireless carrier, or mobile platform provider (collectively and individually, “Third Party Services”) and you acknowledge and agree that your use of these Third Party Services may be subject to the separate policies and terms of use, including data usage and other fees and requirements, of one or more third parties. Any fees and/or other liabilities associated with the use of such Third Party Services are solely your responsibility.

Use of Software. If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

User Submissions. Other than personally identifiable information, which is discussed below, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). M2COMM will have no obligations with respect to the Communications. M2COMM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Personally Identifiable Information. If you transmit or post personally identifiable information (name, address, e-mail address, phone number, etc.) to this Site, M2COMM will handle, process and safeguard it in accordance with M2COMM’s privacy practices. In particular, M2COMM may store your personally identifiable information in hard copy format and electronic media, and in M2COMM’s databases that may be located in another country. M2COMM will not sell, rent or lease your personally identifiable information to others. M2COMM will only share such information with other M2COMM entities or business partners (such as agents, resellers and subcontractors) who are acting on M2COMM’s behalf to support your customer relationship with M2COMM, unless otherwise agreed by you or required by law. Such M2COMM entities and business partners have agreed to be bound by M2COMM’s privacy policies with respect to the use of this information. For further information, please consult M2COMM’s Online Privacy Statement at Privacy Policy.

User Chat Rooms. M2COMM may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. M2COMM, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. M2COMM retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. M2COMM 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, M2COMM 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 sites linked to this Site, you do this entirely at your own risk.

Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. M2COMM further does not warrant that your use of the Site will be uninterrupted or error-free or the accuracy and completeness of the materials at this Site. M2COMM may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and M2COMM makes no commitment to provide you support of any kind or to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local M2COMM business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. IN NO EVENT WILL M2COMM, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE 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 SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General. M2COMM 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 Site.

Revised March 2017

Note: Anyone linking to M2COMM’s Web site must comply with the Guidelines for Linking to M2COMM’s Web Site (English) and all applicable laws. Guidelines for Linking to M2COMM’s Web Site

If you would like to link to M2COMMUNICATION’s web site, please read and comply with the following guidelines:
A site that links to M2COMMUNICATION’s Web site:
  • May link to, but not replicate, M2COMMUNICATION content.
  • Should not create a browser or border environment around M2COMMUNICATION content.
  • Should not imply that M2COMMUNICATION is endorsing it or its products.
  • Should not misrepresent its relationship with M2COMMUNICATION.
  • Should not present false information about M2COMMUNICATION products or services.
  • Should not use the M2COMMUNICATION logo without permission from M2COMMUNICATION.
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

This document contains confidential information and is subject to the terms and conditions set forth in the Non-Disclosure Agreement between the Recipient Entity and M2Communication, Inc. (“M2COMM”) The information in this document is believed to be accurate in all respects at the time of publication but is subject to change without notice. M2COMM. assumes no responsibility for errors and omissions, and disclaims responsibility for any consequences resulting from the use of information included herein. Additionally, M2COMM assumes no responsibility for the functioning of un-described features or parameters. M2COMM reserves the right to make changes without further notice. M2COMM makes no warranty, representation or guarantee regarding the suitability of its products for any particular purpose, nor does M2COMM assume any liability arising out of the application or use of any product or circuit, and specifically disclaims any and all liability, including without limitation consequential or incidental damages. M2COMM products are not designed, intended, or authorized for use in applications intended to support or sustain life, or for any other application in which the failure of the M2COMM product could create a situation where personal injury or death may occur. Should Buyer purchase or use M2COMM products for any such unintended or unauthorized application, Buyer shall indemnify and hold M2COMM harmless against all claims and damages.

END USER LICENSE AGREEMENT (EULA)
(M2COMM ELSA™ Software Suite )

​​Effective Date:  09.01.2016

IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE, DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY “SOFTWARE”) UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) (COLLECTIVELY “YOU” AND “YOUR”) AND M2COMMUNICATION, INC. (“M2COMM”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.​

1. DEFINITIONS

  1. “Documentation” means install scripts and online or electronic documentation associated, included, or provided in connection with the Software, or any portion thereof.
  2. “Intellectual Property Rights” means all copyrights, trademarks, trade secrets, patents, mask works, and all related, similar, or other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations with respect thereto.​​

2. LICENSE

Subject to the terms and conditions of this Agreement, M2COMM hereby grants You a non-exclusive, royalty-free, revocable, non-transferable, limited, copyright license to use the Software solely in conjunction with systems or components that include or incorporate M2COMM products, for Single Site installation using applicable ELSA solutions.​

3. ​RESTRICTIONS

Except for the limited license expressly granted in Section 2 herein, You have no other rights in the Software, whether express, implied, arising by estoppel or otherwise. Further restrictions regarding Your use of the Software are set forth below. You may not:

  1. modify or create derivative works of the Software;
  2. distribute, publish, display, sublicense, assign or otherwise transfer the Software;
  3. decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form (except as allowed by applicable law);
  4. alter or remove any copyright, trademark or patent notice(s) in the Software; or
  5. use the Software to: (i) develop inventions directly derived from confidential information to seek patent protection; (ii) assist in the analysis of Your patents and patent applications; or (iii) ​modify existing patents.​​

4. FEEDBACK

You have no obligation to give M2COMM any suggestions, comments or other feedback (“Feedback”) relating to the Software. However, M2COMM may use and include any Feedback that it receives from You to improve the Software or other M2COMM products, software and technologies. Accordingly, for any Feedback You provide to M2COMM, You grant M2COMM and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Software or other M2COMM products, software and technologies. You further agree not to provide any Feedback that (a) You know is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other M2COMM intellectual property, to be licensed to or otherwise shared with any third party.

5. OWNERSHIP AND COPYRIGHT OF SOFTWARE

The Software, including all Intellectual Property Rights therein, is and remains the sole and exclusive property of M2COMM or its licensors, and You shall have no right, title or interest therein except as expressly set forth in this Agreement. You agree to prevent any unauthorized copying of the Software. All title in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights and Intellectual Property Rights therein shall remain vested in M2COMM. Except as expressly provided in Section 2 herein, M2COMM does not grant any express or implied right to You under M2COMM patents, copyrights, trademarks, or trade secret information.

6. WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. M2COMM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

M2COMM AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF M2COMM AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall M2COMM’s total liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100 USD. You agree to defend, indemnify and hold harmless M2COMM and its licensors, and any of their directors, officers, employees, affiliates or agents from and against any and all loss, damage, liability and other expenses (including reasonable attorneys’ fees), resulting from Your use of the Software or violation of the terms and conditions of this Agreement.

8. EXPORT RESTRICTIONS

You shall adhere to all applicable U.S., Japanese, European, and other export laws (the “Export Laws”), including but not limited to the U.S. Export Administration Regulations (“EAR”), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC) No 428/2009 of 5 May 2009.  In particular, but not in limitation of the foregoing, You must assure that the Software and any derivatives thereof are not: (i) downloaded, exported, re-exported (including any “deemed export”), or transferred, directly or indirectly, contrary to any applicable economic sanction or Export Law, or (ii) used for any purpose prohibited by the Export Laws or (iii) delivered to persons/entities otherwise ineligible to acquire, license or use the Software. M2COMM reserves the right to conduct the necessary Export Law checks and, upon request, the You shall promptly provide M2COMM with the necessary information to fulfill its legal obligations. Customer shall indemnify and hold harmless M2COMM from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by You, and You shall compensate M2COMM for all losses and expenses resulting therefrom. This Section will survive the expiration or termination of this Agreement for any reason.

9. TERMINATION OF LICENSE

This Agreement will terminate immediately without notice from M2COMM or judicial resolution if (1) You fail to comply with any provisions of this Agreement, or (2) You provide M2COMM with notice that You would like to terminate this Agreement. Upon termination of this Agreement, You must delete or destroy all copies of the Software. Upon termination or expiration of this Agreement, all provisions survive except for Section 2.

10. GOVERNING LAW

This Agreement is made under and shall be construed according to the laws of Taiwan the Republic of ChinaIn case of dispute requiring litigation, the Parties shall firstly have recourse to a swift and nonbinding mediation procedure. If the mediation procedure is not successful within eight (8) weeks from the beginning of the litigation, or if the Parties disagree with the proposal for dispute resolution, the Parties agree that the issue shall be brought by the plaintiff(s) to the Taiwan HsinChu District Court.

You acknowledge that Your breach of this Agreement may cause irreparable damage and agree that M2COMM shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.

11. GENERAL PROVISIONS

You may not assign this Agreement without the prior written consent of M2COMM and any assignment without such consent will be null and void. The parties do not intend that any agency or partnership relationship be created between them by this Agreement. Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, in the event that any provision of this Agreement becomes or is declared unenforceable by any court of competent jurisdiction, such provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.

12. ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between the parties with respect to the Software and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each party.

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