Internet Hima terms of use
By installation and utilisation of the product (hereinafter the "Software"), provided by Orange and WebToGo Mobiles Internet GmbH on your computer(s) you ("User") are expressly subject to full and unreserved acceptance of this Software License Agreement (hereinafter "License").
scope
The following are the terms and conditions for use of the Software. Along with any amendments thereto, and any operating rules or policies that may be published from time to time by Orange, the Software License Agreement applies to all current and future Software related products provided by Orange and to all legal matters between Orange and you as a User.
license
Rights to use this software are strictly reserved for joint and indefeasible use of the Internet Hima Orange Internet access service. The use of the Internet access service requires agreement and compliance with the general conditions of the Internet Hima Orange Internet access service. This Software is free of charge and may not be sold or be the subject of any business transaction other than initiated by Orange.
The Software is protected by international laws and treaties as regards intellectual property. No right of ownership is granted to the User under the License, only a right of use is granted to the User. By this License, the User is granted a personal, non-exclusive and non-transferable right of use in the Software.
However, the User is authorized to make a single copy of the Software if necessary and opportune for operational and security purposes. The Software is only functional if registration was successful.
licensing
The User agrees to an automated registration process necessary for using the software when an internet connection is established for the first time.
ownership
Orange reserves all rights, of any kind whatsoever, not expressly granted under the License. Modifying, adapting, translating, decompiling or undertaking any inverse engineering, disassembling or attempting to find out the source code of the Software is strictly prohibited.
Orange declares that it is invested with all the rights authorizing it to distribute the Software. This license does not transfer any right of ownership to all or part of the components of the Software.
term
The License is made for an indefinite period with effect from the moment the package containing the Software is opened. Failure to subscribe within one (1) month, or termination for any reason of the Orange contract will result in the termination of this license, automatically and without any other formality.
The License will be terminated automatically, without prior notice, in the event of breach by the User of any one whatsoever of the provisions herein. Termination will result for the User in the obligation to destroy all copies of the Software and associated documentation.
indemnification
User agrees to indemnify, defend and hold harmless Orange and WebToGo and their parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with the use of or conduct on the Software by the User.
Orange and WebToGo reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, which shall not excuse the User's indemnity obligations.
duties of the User
The User shall not transfer or otherwise make available the Software to any third parties and, therefore, the User shall implement any necessary measures in order to protect the Software with respect to any unauthorized dissemination.
third party websites
The Software may contain links to other Internet sites. Orange is not responsible for the availability of these outside resources, or their contents, and Orange does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Orange be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
disclaimer of warranties
THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORANGE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ORANGE MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ORANGE DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ORANGE MAKES NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE INTERNET HIMA ORANGE INTERNET ACCESS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORANGE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY CHANNEL PARTNER OR ADVERTISED THROUGH THE SERVICE OR ANY CHANNEL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ORANGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Orange's proprietary rights
User acknowledges and agrees that, as between User and Orange, all content and Software, including but not limited to text, software, graphics, video, page layout and design or other material displayed by Service is protected by Orange's (or its licensors) copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User agrees not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way content available through the Service.
miscellaneous
Orange may change the terms of use of the Service at any time. Orange will use reasonable means to provide notice of changes in the terms of use of the Service such as Email or website postings. User agrees these forms of notice are reasonable and sufficient. Therefore, Orange recommends to check the Orange page periodically for updates. If any provisions of the terms of use of the Service is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions and the other provisions of the terms of use of the Service shall remain in full force and effect. This license is governed by Armenian law. In the event of dispute, the parties will endeavour to reach an amicable settlement. Otherwise, the parties recognize the courts of RA alone as competent.
This license may under no circumstances be transferred, either partially or wholly, for consideration or free of charge.