TERMS OF USE AND PRIVACY AGREEMENT BETWEEN BUSINESS PARTNER/WEB USER AND PT. NEC INDONESIA

By accessing and browsing (this "Site"), you as a business partner or a web user, accept the Terms and Conditions contained herein. If you do not accept these Terms, do not use this Site.

COPYRIGHT

Materials contained in this Site are the copyrighted property of PT. NEC Indonesia, all rights reserved. PT. NEC Indonesia neither warrants nor represents that your use of materials displayed in this Site will not infringe rights of third parties not owned by or affiliated with PT. NEC Indonesia. You may not distribute, publish, modify, transmit, reuse, reproduce, re-post or use the copyrighted materials on this Site for public or commercial purposes, including the text, images, audio and video, without the express written consent of PT. NEC Indonesia. You are hereby authorised to view, download, print and distribute individual pages from this Site subject to the following conditions:

The copyrighted materials on this Site may be used for informational purposes only.

Except as specifically authorised by PT. NEC Indonesia, the copyrighted materials on this Site may only be used for non-commercial, personal purposes.

Any copy or distribution of the copyrighted materials on this Site, or portion thereof, must include this copyright notice, and all other copyright and other proprietary notices contained on the materials.

Each individual document delivered from this website may contain other proprietary notices and copyright information applicable to that individual document. Your right to use or copy this document may be restricted if so indicated in such proprietary notices and/or copyright information.

 It is possible that this publication may contain reference to, or information about products (machines and programmes), programming or services that are not announced in your country. Such references or information must not be construed to mean that the PT. NEC Indonesia intends to announce such products, programming or services in your country.

TRADEMARK NOTICE

NEC is the registered trademark of PT. NEC Indonesia. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

DISCLAIMER

You use this website at your own risk.

The information, software, products and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PT. NEC Indonesia may make improvements and/or changes in the website at any time. It is your responsibility that the Personal Information you enter into the Website is accurate; we will not check the information. PT. NEC Indonesia makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on or obtained through the website or service for any purpose. All such information, software, products, services and related graphics are provided 'as is' without warranty of any kind. PT. NEC Indonesia hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability fitness for a particular purpose, title and non-infringement.

In no event shall PT. NEC Indonesia be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business interruption, loss of programmes or profits, arising out of or in any way connected to with the use or performance of the website or related services, with the delay or inability to use the website or service or on any hyperlinked website, or otherwise arising out of the use of the website or service, whether based on contract, tort , negligence, strict liability or otherwise even if PT. NEC Indonesia has been advised of the possibility of such damages.

CONFIDENTIALITY

In order to gain access to the services, you agree to these confidentiality provisions:

You acknowledge that you may obtain direct access via the website to certain confidential information of PT. NEC Indonesia including but not limited to technical, contractual, pricing, marketing and other valuable information ("Information"). You must hold Information in strict confidence and may provide Information to employees in your organisation only on a need-to-know basis. You may use the Information from the website solely for the purpose of selling, maintaining and supporting the products and equipment of our business units. Title to the Information remains with PT. NEC Indonesia. You agree, either as an individual or on behalf of your Employer to be bound by these provisions. Further, if you are acting on behalf of your employer, your employer agrees to indemnify you for violations of this Section.

You will not be liable for disclosure if such Information

(i) becomes publicly available

(ii) is known to you

(iii) was independently developed by you

(iv) is/was disclosed without restriction

(v) is/was disclosed pursuant to a court order. Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the terms or PT. NEC Indonesia’s request, you must cease use of Information and return or destroy all Information.

INDEMNITY

You indemnify us and our subsidiary companies, employees, agents, co-branders from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of this website by you or someone using your name or password.

MODIFICATION OF THESE TERMS OF USE

PT. NEC Indonesia reserves the right to change the Terms of Use at anytime. You are responsible for regularly reviewing these terms and conditions. Continued use of this website after any such changes shall constitute your consent to such changes. PT. NEC Indonesia does not and will not assume any obligation to notify you of any changes to the Terms of Use.

SOFTWARE AVAILABLE ON THE WEBSITE

Software that is made available to download from the Site is the copyrighted work of PT. NEC Indonesia. Your use of the software is governed by the terms of the license agreement, if any which accompanies or is included with the software ('License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any software not accompanied by a license agreement, PT. NEC Indonesia grants to you, the user, a personal, non-transferable license to use the software for viewing and otherwise using the website and service in accordance with these Terms of Use and for no other purpose provided that you keep intact all copyright and other proprietary notices.

All software is owned by PT. NEC Indonesia and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREMENT. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Japan law. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to Japan export restrictions.

COMMUNICATIONS

Any communication or material you transmit through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like will be treated as non-confidential and non-proprietary. Anything you so transmit may be used by PT. NEC Indonesia or its parent, subsidiaries or affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, PT. NEC Indonesia and its parent, subsidiaries and affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. No compensation will be paid with respect to PT. NEC Indonesia’s use of the materials contained within such feedback or suggestions.

LINKS TO OTHER WEBSITES

Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. PT. NEC Indonesia has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their contents. Thus, PT. NEC Indonesia does not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Furthermore, because the privacy policy/statement you just read is applicable only when you are on our website, once linked to another website, you should read that site's privacy policy/statement before disclosing any personal information.

You may link your site to www.nec.co.id on the following conditions: You shall not place any content from this Site in a frame on your site. You shall not imply that PT. NEC Indonesia endorses your site, or any products on your site. You shall not misrepresent the relationship of your site with PT. NEC Indonesia. You shall not present false information about PT. NEC Indonesia products or services. You shall not use the PT. NEC Indonesia logo without express written permission from PT. NEC Indonesia. Your site shall not contain material that could be construed as offensive. Your site shall be appropriate for all age groups. You shall indemnify and hold harmless PT. NEC Indonesia, its subsidiaries, affiliates, officers and employees from any claim brought by any third party arising out of your linking to this Site. You agree to immediately remove your link to this immediately upon request by PT. NEC Indonesia, or if you breach any of these linking conditions

 Additionally, you agree not to use the services to:

(i) impersonate any person or entity, including but not limited to, an official or staff from PT. NEC Indonesia, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(ii) upload, post or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services or develop hidden pages or images (those not linked to PT. NEC Indonesia from another accessible page)

(iii) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

SEVERITY

If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

WAIVER

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

GOVERNING LAW

This agreement will be governed and construed in accordance with the laws of Indonesia. Use of this site is unauthorised in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation to this paragraph and the warranty disclaimers and liability exclusions above.