Welcome at the general conditions page of
TUEX Experts in ExportPlease read this entire document very carefully. By using of this website or our product you agree to be bound by the terms of this General use agreement. If you do not agree to all of the terms of this end user license agreement, please do not install or use the product and/or services and immediately delete any copy of it from all storage media.
All the downloadable software and information on our website ("www.TUEX.com") and any other software, language pack, media center, ftp browser, add-ons, upgrades or updates and related materials (collectively called: "PRODUCTS") and all server-side related services such as, but not limited to: the always resume service, the search service, popular downloads service, deep link service, reviews service, and subscription services ("Services"), are licensed to you by TUEX CV and subject to the terms and conditions of this license agreement ("Agreement").
We encourage you to periodically review this Agreement and other legal documents of TUEX CV, to be informed of the privacy practices and terms of use of our products, services and Legal web sites, including those of third parties. At all times, the latest versions of our Legal Terms will be published on the following link and shall be binding and supersede any other versions http://www.TUEX.com/legal/
TUEX CV may revise the terms of this Agreement to reflect changes in our products, services, web sites and customer feedback.
Children under the age of 13 are not eligible to use the product or services; if you are under 13 years old please do not use our product or services. We ask that minors do not submit any personal information to us or to our deep link sites.
For your convenience, below are the issues covered in this Agreement:
License, Proprietary Rights, Copyright Infringement Policy, Indemnification, Download Service, Third Party's deep link Content, Additional terms and conditions, Advertisements, Paid Products or Paid Services, Registration Process, Fees and Payments, Term and Termination, Amendment of Product or Services, Disclaimer of Warranty and Liability, Limitation of Liability, Language Packs, Miscellaneous.
License
Subject to the terms and conditions of this Agreement, TUEX CV hereby grants you a non-exclusive, non-transferable, non-sub licensable, license to use the Product, Services and Add-Ons (as defined below), on an As-Is basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain TUEX CV's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting TUEX CV via the following email address: info@TUEX.com.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; or (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without the prior written permission of TUEX CV; or (d) use any Paid Product or Paid Service (as such terms are defined below), in a manner violating, or exceeding the relevant "Paid Service Terms" or "Paid Product Terms" of TUEX CV, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a non-commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content and/or services tabs (i.e.: Info tab, Payment tab, Games tab, Shopping tab), desktop shortcut links (i.e.: TUEX CV shortcut links, TUEX CV download Center shortcut links or any other link related to TUEX CV) which may be made available from time to time by either TUEX CV and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which TUEX CV is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. TUEX CV reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Proprietary Rights
TUEX CV retains sole and exclusive ownership of all rights, title and interests in the Product, Services and Add-Ons and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product, Services and Add-Ons and the technology related thereto. Title and related rights in the content downloaded with this Product, Services and Add-Ons is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
Copyright Infringement Policy
TUEX CV is committed to protecting the rights of intellectual property (including copyrights) holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. TUEX CV respects the intellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and TUEX CV reserves the right to undertake appropriate steps against copyright offenders.
TUEX CV has no responsibility for content of other owners that you may find, access, download and/or upload when using TUEX CV's products or services. Copyright and the intellectual property laws of the European Union and/or other countries may protect any such material. The terms of use that are posted by the respective owners of those materials, and not TUEX CV's, govern your use of that material. You are responsible for complying with all laws and regulations applicable to the material that are made available or download.
You explicitly acknowledge that downloading some files may require authorization and may be subject to restrictions. It is your responsibility to determine what restrictions apply, to comply with all applicable restrictions and to obtain all necessary authorizations.
The license to use the Product, Services and Add-Ons granted hereunder is conditioned upon your agreement not to use the Product, Services and Add-Ons to infringe the intellectual property rights of others in any way.
TUEX CV, at its sole discretion, may terminate this Agreement with users do infringements of the copyrights, or other intellectual property rights, of others.
In addition, It is TUEX CV's policy, in appropriate circumstances, at its discretion and in accordance with the required under the applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Without limiting any of the foregoing or hereunder, TUEX CV will act expeditiously to process any notices of alleged intellectual property infringement.
TUEX CV's office for Notice of claims of copyright or other intellectual property infringement can be reached as follows: info@tuex.com and please put the term "Legal" in the subject line.
Note - Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment cannot be received or processed.
Indemnification
You agree to indemnify TUEX CV and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use Of the Product, the Services, the Add-Ons or any other service referred to in this Agreement.
Download Service
When using the Product, you are powered also with the download service that is designed to improve your downloads by providing you with a broader list of additional and/or alternative servers ("Mirror Servers") where the file deemed to be the file you requested to download, may be hosted. Your download request will be then directed to the most responsive Mirror Server to enable you to enjoy a faster download.
In order to search for the most responsive Mirror Servers for the file you wish to download, an anonymous query (that has no personally identifiable information about you) will be made to TUEX CV's Download Servers Directory, containing file related information such as: file name, file size and the download URL of the requested file ("Download Locations"). Such Download Locations are added to TUEX CV's Download Servers Directory and may be made available to other users using the Product or Services.
You may opt-out of the Download Service by clearing the checked box that reads Automatically start searching files in the “Download Service Directories” at the configuration screen. If you choose not to use the Download Service, your download will be initiated from the server you have originally approached. You can always re-configure any choice you have made in the past.
Without limiting any of the following, TUEX CV reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the Download Service, or any part thereof, at any time, at its sole discretion and without notice to you.
Third Party's Deep Link Content
The Product and Services enable you to enhance delivery of content, obtained from third parties using the Internet, and/or to manage such content. All title, ownership and intellectual property rights in and to the content, material and files downloaded or otherwise accessed through the Products and/or Services ("Content"), are and shall be retained by the applicable Content owner and may be protected by applicable laws, including copyright and other intellectual property laws. NO license and/or any other rights to such Content are granted under this Agreement.
TUEX CV does not control the content of files and information that may be downloaded through the use of the Product and Services or otherwise played, viewed, managed and/or accessed through them. TUEX CV does not endorse, the contents of any information or data, accessed through the use of the Product or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. TUEX CV shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Product or Services, nor to the right to make such information available or accessible. The use of any files is at your sole responsibility and TUEX CV explicitly disclaims any responsibility to the use or misuse of any file. THE INCLUSION OF ANY DEEPLINK OR LISTS OF DOWNLOAD LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY TUEX CV.
TUEX CV Security Feature
TUEX CV cannot guarantee that the Security Feature will alert you of all potential risks your computer may be exposed to, nor can TUEX CV guarantee that each potential risk discovered by the Security Feature as such, is actually harmful. TUEX CV assumes no responsibility for errors or omissions in the information provided by the Security Feature.
TUEX CV may, from time to time, add or remove additional features in the Security Feature at its sole discretion.
Additional terms and conditions
Please Note that in order to access and/or use certain services provided through the Product you may be required to read and agree to or expressly indicate your acceptance to additional specific terms and conditions, as indicated in conjunction with such services.
Advertisements
During the use of the Product, Services and/or Add-Ons, you may be shown advertising, marketing offers, and other promotional information, made available by TUEX CV or by third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites, and TUEX CV is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, TUEX CV has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. TUEX CV makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof.
Paid Products or Paid Services
TUEX CV may, from time to time, offer special versions of the Product (such as 'Premium'), either as a bundle or in separate versions (such as the Always Resume service packages) (the "Paid Product" or "Paid Service"). If you are using a Paid Product or Paid Service, and/or a trial version of such Paid Products or Paid Services, you shall be subject to the specifications, features, scope and duration of such Paid Product or Paid Service and to additional terms and conditions applicable to such Products or Service, which are available in conjunction with the purchase of or registration for such Product or Service, as well as posted in other ways such as: through our website, through email and so on ("Paid Service Terms" or "Paid Product Terms")
All such terms and conditions are hereby incorporated by reference into this Agreement. To avoid any doubt, it is hereby clarified that the purchasing of a Paid Product does not include any right in the Paid Services and vise versa, and purchasing either Paid Product or Paid Services does not include any right in the content or services made available through Add-Ons, unless it was otherwise stated.
Registration Process - Paid Products or Paid Services
The Paid Product or Paid Service may require additional registration codes, passwords, or identification numbers ("Code"). TUEX CV shall issue you a unique Code for the registration process. The Code shall enable the use of the Paid Product or Paid Service, and shall correspond to a single designated computer on which your Paid Product is installed or from which your Paid Service is activated. Please note that various technological measures (such as: client-server procedures) may be used by TUEX CV to protect TUEX CV's intellectual property rights, prevent the unauthorized use of the Paid Product or Paid Service, and for security purposes. You hereby agree to such measures, as shall apply to the Paid Product or Paid Service, from time to time.
You will bear the sole responsibility for: (1) maintaining the strict confidentiality of any Code assigned to you; (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code. TUEX CV shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorization to allow another person or entity to access and use the Product or Service using your Code. You agree to immediately notify TUEX CV of any unauthorized use of your Code.
Fees and Payments
If you are using a Paid Product or Paid Service, you shall pay TUEX CV the applicable fee posted by TUEX CV subject to the payment terms and Paid Service or Paid Product Terms set therein. All fees and payments hereunder are exclusive of taxes, duties, levies, V.A.T and other charges. TUEX CV exercises no control over these charges and cannot predict what they may be. You are exclusively responsible for determining which additional charges apply to your transactions and for covering any such applicable duties. TUEX CV may, at its sole discretion change the applicable fees and/or terms and/or Paid Service or Paid Product Terms at any time. Please note that if you fail to fully exploit a Service within the service period you paid for, or if you do not use the entire quantity of the Service you paid for, you will NOT be entitled to recover such unused portions of the Service.
Terms and Termination
This Agreement shall commence upon your use of the Product or Services. Either party may terminate this Agreement at any time by giving written notice. TUEX CV's notice may be delivered to you either by email or by the posting of such termination notice on TUEX CV's website - www.TUEX.com. Your written notice should be delivered to TUEX CV by email to the following email address: info@TUEX.com.
Termination notice may be given provided that TUEX CV will not terminate a license to use a Paid Product except as described in this section hereunder, and that if you are terminating a license for a Paid Product or a Paid Service you will not be entitled to a refund of the License Fee. Without prejudice to any other rights, TUEX CV may terminate this Agreement and/or limit or revoke access to any free or paid Product or to any free or paid Service at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement.
Amendment of Product or Services
The Product, functions, features and any Services, provided by TUEX CV may change from time to time. TUEX CV reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any Product, Service or Add-ons provided by TUEX CV or any part thereof at its sole discretion and without notice to you, provided that where a Paid Service is terminated during the period you paid for, you may be entitled for a refund for the unused portion of such Paid Service. Additional features, add-ons, modifications, improvements etc. to your current version of the Products and/or Services may be subject to payment of additional fees. The latest versions of the Product, Services or Add-Ons, are available at TUEX CV's website - WWW.TUEX.COM. You hereby agree and acknowledge that TUEX CV is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product (excluding the Paid Product). TUEX CV reserves the right to discontinue the release and support of any version of the Product/Paid Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
Disclaimer of Warranty and Liability
TUEX CV EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT, SERVICES, ADD-ONS OR ANY INFORMATION, SERVICE OR FUNCTION DELIVERED OR SENT BY TUEX CV OR ANY THIRD PARTY THROUGH THE PRODUCT SERVICES OR ADD-ONS; AND (B) WITH RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT SERVICES, AND/OR, ADD-ONS. THE PRODUCT, SERVICES AND ADD-ONS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT,SERVICES AND/OR ADD-ONS MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN TUEX CV'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST, POSTED ON TUEX CV'S WEBSITE - WWW.TUEX CV.COM ) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT, SERVICES AND ADD-ONS IS BORNE BY YOU. THIS PRODUCT, SERVICES AND/OR ADD-ONS ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT, WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT, SERVICES OR ADD-ONS FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT, SERVICES AND ADD-ONS HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT, SERVICES AND ADD-ONS SUFFICIENTLY MEET YOUR REQUIREMENTS.
TUEX CV DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT, SERVICES OR ADD-ONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT, SERVICES, ADD-ONS OR ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT, SERVICES OR ADD-ONS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL TUEX CV BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, WHETHER PROVIDED BY TUEX CV OR BY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF TUEX CV FOR ANY DIRECT OR INDIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE, TUEX CV'S LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE SHALL BE NO MORE THAN 5 EURO, ADDED TO YOUR PURCHASE PRICE FOR THAT PARTICULAR PRODUCT OR SERVICE.
Language Packs
TUEX CV may, at its sole discretion, offer language packs to enable readers of languages other than English to use their native languages with the Product ("Language Packs"). TUEX CV does not and cannot guarantee that the language packs will be available in any language.
TUEX CV enables users to add or edit Language Packs (the "Translators") through a communal forum based system located at: http://www.TUEX.com/forum. In addition, TUEX CV may offer, at its sole discretion, from time to time, special versions of the Product, which contain some and/or all of the Language Packs, as well as separate Language Packs. The use of the Language Packs is subject to the Creative Commons license available at: http://creativecommons.org/licenses/by-nc-sa/2.0/.
Your use of the forum is subject to the following limitations:
1. The content you add or edit may not be abusive, threatening, defamatory, vilifying, harassing, obscene, offensive or otherwise wrongful or illegal material;
2. All copyright for content which you add or edit on the forum shall remain your property. By adding or editing content on the forum you agree to the following:
a. You warrant that you are the sole copyright owner of the content or have received permission from all copyright owners to use the content. You further warrant that the content is original and that it does not breach any copyright law;
b. You warrant that the translations you provide are accurate, useful and not degrading to TUEX CV or its products and services.
c. You grant TUEX CV a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish or create derivative works from content you add or edit on the forum;
d. You allow TUEX CV to select whole or part of the content to be used, including but not limited to, for inclusion on the Product. TUEX CV may also combine different translations made by several different Translators.
3. TUEX CV has the right to remove the content you add or edit on the forum at any time. TUEX CV does not guarantee that the content will be available at all times, nor does TUEX CV guarantee that the content will remain stored or accessible on the forum, will be used in the Language Packs or in any other way.
4. TUEX CV does not warrant that it will distribute, archive, or back-up the content and you are advised to keep a copy of any such content.
5. To remove any doubt, the Translators sole compensation shall be credit for their work according to the information provided by such Translators on the contributor's credit page (the "Credit Page"), which TUEX CV shall thereafter publish only on the forum and the applicable language files. It is the responsibility of the Translators to provide their current information on the Credit Page and amend it if necessary. If TUEX CV cannot contact any of the Translators according to the information they provided on the Credit Page, TUEX CV shall be entitled, as TUEX CV's sole discretion, to determine whether to credit such Translators or not.
Our Users translate the Language Packs. The translation capabilities of these Users cannot be determined nor guaranteed by TUEX CV. Such Users shall have the sole responsibility for their translations. TUEX CV does not guarantee the accuracy and credibility of such translations, nor does TUEX CV guarantee the completeness and uniformity of the Language Packs. To avoid any doubt, you explicitly agree that the English version (including the license agreement relating thereto) will prevail in any matter related to the Product.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of The Netherlands, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Dordrecht, The Netherlands, shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of TUEX CV. Upon reasonable notice to you, TUEX CV may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Copyright(c) 1884-2011 TUEX CV. All Rights Reserved
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