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Terms Of Use

LAST REVIEWED AND UPDATED 28TH JULY, 2018

Please read these terms carefully before using CXONCLOUD WEBSITE, WEB APP & MOBILE APP. If you have entered into a separate written agreement with Unloc Ltd for use of the CXONCLOUD services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these terms of use.

Ownership of CXONCLOUD WEBSITE, WEB APP & MOBILE APP; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the “CXONCLOUD WEBSITE, WEB APP & MOBILE APP). The CXONCLOUD WEBSITE, WEB APP & MOBILE APP is the property of “Unloc Ltd” and its licensors. BY USING THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP.

Unloc Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Unloc Ltd grants you a personal, non-exclusive, non-transferable, limited right to enter and use the CXONCLOUD WEBSITE, WEB APP & MOBILE APP.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP is owned, controlled or licensed by or to Unloc Ltd, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Changes to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP /Updates/Terms

Unloc Ltd reserves the right to make changes in any products described on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, except as explicitly set forth in written agreements between Unloc Ltd and its customers. Unloc Ltd may make changes to the Content or the CXONCLOUD WEBSITE, WEB APP & MOBILE APP at any time without notice. Unloc Ltd makes no commitment to update the Content or the CXONCLOUD WEBSITE, WEB APP & MOBILE APP. Unloc Ltd reserves the right to make changes to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP and the disclaimers, terms, and conditions at any time.

License to Use Content; Limits on Use

The Content on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP is provided by Unloc Ltd as a service to its customers and potential customers. As long as you comply with these Terms of Use, Unloc Ltd hereby grants you the right to use the Content for informational purposes only.

Any other use, unless otherwise authorized in writing by Unloc Ltd or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or the preparation of derivative works based on the Content of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or any content, proprietary notice, copyright management system or software associated with the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

You may use information on CXONCLOUD WEBSITE & SOCIAL MEDIA PAGES (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Unloc Ltd for downloading from the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks

The CXONCLOUD name, the CXONCLOUD logo, and the product names associated with the Unloc Ltd OR CXONCLOUD service are service marks or trademarks of Unloc Ltd.

Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.

You may not use, and nothing contained on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP without the written permission of Unloc Ltd or the respective owner.

Availability of CXONCLOUD WEBSITE, WEB APP & MOBILE APP

You acknowledge that temporary interruptions in the availability of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP may occur from time to time as normal events. Under no circumstances will Unloc Ltd or its suppliers be held liable for any damages due to such interruptions. The CXONCLOUD WEBSITE, WEB APP & MOBILE APP and the Content may include technical inaccuracies or typographical errors. The CXONCLOUD WEBSITE, WEB APP & MOBILE APP is made available internationally and may contain references to products, programs and services of Unloc Ltd or its suppliers that are not available in your location. Such references do not imply that Unloc Ltd or its suppliers intend to make available such products, programs or services in your location.

Links With Other CXONCLOUD WEBSITE, WEB APP & MOBILE APPs

Unloc Ltd is not responsible for the content of any other web CXONCLOUD WEBSITE, WEB APP & MOBILE APP linked to or from the CXONCLOUD WEBSITE, WEB APP & MOBILE APP. If you link to another CXONCLOUD WEBSITE, WEB APP & MOBILE APP, you leave the CXONCLOUD WEBSITE, WEB APP & MOBILE APP. If you decide to link to another CXONCLOUD WEBSITE, WEB APP & MOBILE APP, you do so entirely at your own risk. Unloc Ltd may provide links from the CXONCLOUD WEBSITE, WEB APP & MOBILE APP to other CXONCLOUD WEBSITE, WEB APP & MOBILE APP s, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other CXONCLOUD WEBSITE, WEB APP & MOBILE APP . ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED CXONCLOUD WEBSITE, WEB APP & MOBILE APP, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED CXONCLOUD WEBSITE, WEB APP & MOBILE APP, ARE HEREBY EXCLUDED.

Accounts, Passwords, and Security

Certain features or services offered on or through the CXONCLOUD WEBSITE, WEB APP & MOBILE APP may require you to register (including setting up of login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Unloc Ltd immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by Unloc Ltd or any other user of or visitor to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP due to someone else using your CXONCLOUD login, password or registration.

You may not use anyone else’s CXONCLOUD’S login, password or registration at any time without the express permission and consent of the holder of that CXONCLOUD login, password or registration. Unloc Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Unloc Ltd’s Privacy Policy applies to use of this CXONCLOUD WEBSITE, WEB APP & MOBILE APP, and its terms are made a part of these Terms of Use by this reference. To view Unloc Ltd’s Privacy Policy, click https://cxoncloud.com/privacy-policy. Additionally, by using the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

UNLOC LTD DOES NOT PROMISE THAT THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP WILL PROVIDE SPECIFIC RESULTS. THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. UNLOC LTD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UNLOC LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLOC LTD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP AND ANY UNLOC LTD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP AND ANY LINKED CXONCLOUD WEBSITE, WEB APP & MOBILE APP S. YOUR SOLE REMEDY AGAINST UNLOC LTD FOR DISSATISFACTION WITH THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP OR ANY CONTENT IS TO STOP USING THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE UNLOC LTD WOULD NOT MAKE THE CXONCLOUD WEBSITE, WEB APP & MOBILE APP AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Unloc Ltd reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or any portion of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , for any reason; (2) to modify or change the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or any portion of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , and any applicable policies or terms; (3) to interrupt the operation of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or any portion of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.

Limitation of Liability

Except where, and to the minimum extent, prohibited by law, in no event will Unloc Ltd be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if Unloc Ltd has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Unloc Ltd is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP or any Content, Unloc Ltd’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Unloc Ltd, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Unloc Ltd by any third party due to, or arising out of, or in connection with, your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP .

Violation of these Terms of Use

Unloc Ltd may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Unloc Ltd’s rights or property, or the rights or property of visitors to, or users of, the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, including Unloc Ltd’s customers. Unloc Ltd reserves the right at all times to disclose any information that Unloc Ltd deems necessary to comply with any applicable law, regulation, legal process or governmental request. Unloc Ltd also may disclose your information when Unloc Ltd determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Unloc Ltd may preserve any transmittal or communication by you with Unloc Ltd through the CXONCLOUD WEBSITE, WEB APP & MOBILE APP or any service offered on or through the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , and may also disclose such data if required to do so by law or if Unloc Ltd determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Unloc Ltd, its employees, users of or visitors to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, and the public.

You agree that Unloc Ltd may, in its sole discretion and without prior notice, terminate your access to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP or block your future access to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP (including revoking logins and passwords) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Unloc Ltd, for which monetary damages would be inadequate, and you consent to Unloc Ltd obtaining any injunctive or equitable relief that Unloc Ltd deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Unloc Ltd may have at law or in equity.

You agree that Unloc Ltd may, in its sole discretion and without prior notice, terminate your access to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP or any service offered on or through the CXONCLOUD WEBSITE, WEB APP & MOBILE APP , or (4) unexpected technical issues or problems. If Unloc Ltd does take any legal action against you as a result of your violation of these Terms of Use, Unloc Ltd will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Unloc Ltd. You agree that Unloc Ltd will not be liable to you or to any third party for termination of your access to the CXONCLOUD WEBSITE, WEB APP & MOBILE APP as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to, or use of, the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, including all disputes, will be governed by the laws of the United Kingdom without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the UK, any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Unloc Ltd and you arising out of or in connection with your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Export Control

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, in violation of any applicable laws or regulations, including, without limitation, United Kingdom’s export laws and regulations.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Unloc Ltd with regard to your use of the CXONCLOUD WEBSITE, WEB APP & MOBILE APP, and any and all other written or oral agreements or understandings previously existing between you and Unloc Ltd with respect to such use are hereby superseded and cancelled. Unloc Ltd will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Unloc Ltd’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Unloc Ltd of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Unloc Ltd and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.