Some Site users will elect to utilize Hyperpanel Lab support services. Hyperpanel Lab will use commercially reasonable efforts to promptly deliver the support services described in the service plan you have chosen, in a professional and workman-like manner and in accordance with generally recognized commercial practices and standards. This includes using commercially reasonable efforts to provide timely telephone, facsimile, email, and online access to our support facilities, and responses to your support requests, in accordance with the terms of the service plan you have chosen. Your access to support service resources, and the promptness and accuracy of our response, may vary from time to time with the accuracy and completeness of the background information that you provide, our ability to reproduce the problems you are encountering, the volume of support service traffic, the availability of qualified staff and the availability of second-tier support personnel of our suppliers.

Information, materials and services made available on this Site may be changed at any time without notice. Hyperpanel Lab uses reasonable efforts to ensure there is up-to-date and accurate information on the Site, but Hyperpanel Lab cannot guarantee the accuracy of the content it posts to the Site. In addition, this Site contains material submitted by other users. Hyperpanel Lab is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any material submitted by other users. You are responsible for independently verifying the truth and accuracy of all information you obtain from the Site. Reliance on any content posted on the Site will be at your own risk. You assume all risks associated with dealing with other users of the Site.

1. Exclusion of warranties

Unless otherwise expressly specified, this Site, and the materials, products and services made available on this Site are provided “as is” and “as available”. Hyperpanel Lab disclaims all representations, warranties or conditions of any kind, express or implied, including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, or infringement of third-party rights. Hyperpanel Lab does not adopt any representation or warranty of any manufacturer, supplier or merchant of any information, products or services. Hyperpanel Lab does not warrant that the information, products or services obtained through the Site will meet your requirements or that errors in the software obtained from the site will be corrected. No representations or warranties are made concerning the accuracy, completeness, timeliness or reliability of the information, materials or services made available on this Site by Hyperpanel Lab. Hyperpanel Lab does not represent or warrant that access to this Site or any sites linked to this Site will be uninterrupted, that this Site will operate error-free, or that this Site or the materials or products or services available here in are free of computer viruses or other harmful components. This Site or any portion thereof may be unavailable at any time.

2. Limitation of liability

Access and use of this Site is at your own risk. Unless otherwise expressly specified, Hyperpanel Lab, its directors, officers, employees or agents shall not be liable to you or to any third party for any direct, indirect, incidental, special or consequential damages whatsoever, including, without limitation, damages for lost revenue, lost or damaged data or other commercial or economic loss, whether based in contract, tort (including negligence) or any other theory of liability, arising out of your access to or use of this Site or any consequences flowing, directly or indirectly, therefrom. The foregoing limitation shall apply even if Hyperpanel Lab has been advised or should have known of the possibility of such damage or loss.

All Hyperpanel Lab software that is made available for downloading from this Site is protected by copyright and may be protected by other rights. Your downloading and use of any such software is made conditional on your agreement to be bound by the terms of the software license agreement accompanying such software. If there is no license associated with the software, your license rights in the software are as set out in section Copyright and Restrictions.

You agree to indemnify Hyperpanel Lab and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses what so ever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from your breach of any of these Terms of Use or any additional terms when accessing to or using of this Site or any web site to which this Site is or may be linked from time to time and/or your use of, reliance on, or publication, communication or distribution of anything on or from this Site.

1. Confidential Information

Unless otherwise specified, all information sent to the Site will, when received, be treated by Hyperpanel Lab as non-confidential information. By sending Hyperpanel Lab non-confidential information, you grant Hyperpanel a royalty free, perpetual, unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, publish, modify, transmit and distribute the non-confidential information alone or as part of other works in any form, medium or technology, whether now known or hereafter developed, and to sub-license such rights to Hyperpanel Lab licensees.

2. Security

The Internet is not a secure medium and privacy during transmission cannot be guaranteed. E-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and HyperPanel Lab cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. Hyperpanel Lab will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do so at your own risk.

3. Export Control

You acknowledge and agree that Software or other materials obtained on the Site may be subject to French and foreign export laws and regulations. You will not export or re-export, directly or indirectly, the Software or information pertaining there to any country for which any government or any agency thereof requires an export license or governmental approval at the time of export or re-export without first obtaining such license or approval.

4. General

These Terms of Use, as well as the additional terms that may apply when ordering products or services on the Site, shall be governed by the laws in force in Paris, France without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in Paris.