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Coles Distributing ("Coles") makes the materials on this Website ("Site") including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Coles from time to time (collectively, "Terms and Conditions"). By downloading, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, or download the Materials.
For those Materials made available for download from this Site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Coles is not a party to such Third Party Agreements and Openwave's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.
The copyright and ownership interests in all Materials is held by Coles and its suppliers and protected by U.S. laws and international treaty provisions. This website and its contents are designed for, and intended solely for the use of Coles Authorized resellers. All information is considered private and confidential. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, share or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Privacy; Restrictions This website and its contents are designed for, and intended solely for the use of Coles authorized resellers. All information is considered private and confidential.
These Terms and Conditions are effective until terminated by Coles. Coles may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.
You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Coles and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Coles trademark, service mark or logo used or displayed in the Materials without the prior express written permission of Coles. When used with Coles permission, all trademarks must be identified as trademarks of Coles using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of Coles in a footnote at the end of the communication.
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