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i-Personalize(TM) Data Download Service TERMS & CONDITIONS GENERAL THIS ''TERMS & CONDITIONS'' WILL APPLY TO THE i-Personalize(TM) Data Download Service SERVICE (''i-Personalize(TM) Data Download Service'') PROVIDED BY ALPINE ELECTRONICS (''ALPINE'') FOR THE USERS OF CERTAIN ALPINE PRODUCTS TO WHICH i-Personalize(TM) Data Download Service APPLIES. CAREFULLY READ ALL OF THIS TERMS & CONDITIONS BEFORE ACCEPTING IT AND USING i-Personalize(TM) Data Download Service. BY DOWNLOADING, ACCESSING, OR OTHERWISE USING i-Personalize(TM) Data Download Service, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS & CONDITIONS AND AGREE TO IT. 1. Use of i-Personalize(TM) Data Download Service by USERS 1.1 The users licensed to use the i-Personalize(TM) Data Download Service in accordance with this TERMS & CONDITIONS are limited to the customers who purchased certain ALPINE products applicable to i-Personalize(TM) Data Download Service (''USERS''). 1.2 USERS shall use the data downloaded by i-Personalize(TM) Data Download Service exclusively for personal use, shall not sublicense such data to others, and shall not use such data for any other purposes including, but not limited to, making it available to the public by distributing, publicizing or posting on the internet. 2. ID and Password 2.1 To use the i-Personalize(TM) Data Download Service, USERS must first complete the registration. During registration USERS are required to give their contact information. 2.2 After registration, USERS will receive an e-mail from ALPINE to confirm the USERS ID and Password. 2.3 USERS are responsible for maintaining the confidentiality of the USERS ID and password. 2.4 USERS may have the license to use i-Personalize(TM) Data Download Service canceled or suspended in the event of the breach of the TERMS & CONDITIONS. 3. Privacy Protection 3.1 Registration During registration, USERS are required to give their contact information. This information is solely used to enable USERS to access i-Personalize(TM) Data Download Service with ID and Password and, unless otherwise instructed by USERS to send USERS requested news updates. Only employees who need the information to perform a specific job are granted access to personally identifiable information. 3.2 Cookies i-Personalize(TM) Data Download Service will use cookies to identify USERS so that ALPINE can improve service. Cookies are small pieces of information that are stored by a USER's browser on his or her computer's hard drive. Cookies enable us to track and target the interests of USERS to enhance the usability of our site. 3.3 Log Files i-Personalize(TM) Data Download Service will use IP addresses to analyze trends, administer the site, track USER's movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. 3.4 Sharing i-Personalize(TM) Data Download Service will not share USER's personal information with any third parties except i) for purposes requested or originally agreed upon by USERS, ii) with your prior consent, iii) as may be required by law, iv) with persons or companies with whom i-Personalize(TM) Data Download Service contracts to carry out the operations of the site or our business. These parties with whom we contract are not allowed to use personally identifiable information except for the purpose of providing these services. 4. Copyright, Trademark and Proprietary Information 4.1 All title and intellectual property rights in and to i-Personalize(TM) Data Download Service and any data provided in connection with i-Personalize(TM) Data Download Service, and any copies of them are the property of ALPINE, and protected by copyright laws and international treaty provisions. All rights not expressly granted are reserved by ALPINE. 4.2 This TERMS & CONDITIONS does not grant you any rights in connection with any trademarks or service marks of ALPINE. 4.3 USERS acknowledge and agree that i-Personalize(TM) Data Download Service and any data provided in connection with i-Personalize(TM) Data Download Service contain proprietary and confidential information of ALPINE that is protected by applicable intellectual property and other laws. 5. DISCLAIMER OF WARRANTIES ALPINE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO i-Personalize(TM) Data Download Service AND ANY DATA PROVIDED IN CONNECTION WITH i-Personalize(TM) Data Download Service. i-Personalize(TM) Data Download Service IS PROVIDED ''AS IS'' AND ALPINE DOES NOT WARRANT THAT i-Personalize(TM) Data Download Service WILL BE ERROR-FREE. 6. LIMITATION OF LIABILITY IN NO EVENT SHALL ALPINE, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE i-Personalize(TM) Data Download Service, EVEN IF ALPINE HAS BEEN ADVISED OF OR FORESEES THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING i-Personalize(TM) Data Download Service. IN ADDITION, YOU RELEASE ALPINE, ITS SUBSIDIARIES AND AFFILIATES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST ALPINE ARISING FROM YOUR USE OF i-Personalize(TM) Data Download Service. 7. TEMPORARY SERVICE INTERUPTIONS ALPINE has the right to stop the service in full or some portion without prior notice to the USERS under the following cases; (1)periodical or occasional maintenance and inspection of i-Personalize(TM) Data Download Service. (2)fire, black out, earthquake, flood, war, riot, strike, or any other force majeure. (3)inability to provide i-Personalize(TM) Data Download Service due to system failure. (4)temporary server down for technological or operational requirements. 8.MISCELLANEOUS 8.1 This TERMS & CONDITIONS shall be governed by and construed in accordance with the laws of Germany. 8.2 On of this TERMS & CONDITIONS is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be deleted from the TERMS & CONDITIONS. The invalidity or unenforceability of any part of this terms and conditions shall in no way impair the validity or enforceability of any remaining provisions. 8.3 ALPINE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, i-Personalize(TM) Data Download Service and this TERMS & CONDITIONS with or without prior notice. 8.4 Should you have any questions concerning this TERMS & CONDITIONS, or if you desire to contact ALPINE for any reason, please write to: Germany Alpine Electronics GmbH Frankfurter Ring 117, 80807 Muochnchen, Germany Customer Support: 0180-5-ALPINE (12 Cent/Min.) 0180-5-257463 (12 Cent/Min.)
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