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This English version of the Rose Engine Butler website Terms Of Use is used as the binding agreement for all legal purposes.
The Rose Engine Butler system is an implementation of LinuxCNC on a hardware platform which is a combination of both off-the-shelf and custom-developed parts. It is our intent to provide you a stable system on which you can depend; however there are many parts to the system over which Colvin Tools has no control. Thusly, if you encounter issues, please contact us and we will endeavour to remediate your system's problems.
Use of the Rose Engine Butler system is covered by these terms of use.
THESE TERMS AND CONDITIONS (the "Agreement") CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND COLVIN TOOLS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY TO THIS AGREEMENT. In any event, references herein to "you" or "your" means you or such entity (as the case may be).
By otherwise using any part of the Site (defined below), you acknowledge these terms and conditions and represent that you have fully read and understood, and agree to be bound by, the following (the date of such occurrence being the "Effective Date"):
(a) this Agreement; and
(b) other supplemental terms and policies that this Agreement expressly incorporates by reference, and which are thereby made a part of this Agreement.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE ANY PART OF THE SYSTEM OR THE SUPPORT SITE.
The language of this Agreement is hereby expressly agreed to be the English language. By entering into the Agreement you hereby irrevocably and unconditionally waive any Law applicable to you requiring that the Agreement be localized to meet your language or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.
This Agreement contains a range of capitalized terms, some of which are defined in this Section, and some of which are defined elsewhere. The section and sub-section headings in this Agreement are for convenience of reading only, and shall not be used or relied upon for interpretive purposes.
“Content” means any text, data, images, graphics, sounds, videos, audio clips, posts, comments, links, and/or software code of or on the Site (such as, but not limited to, User Submissions, as defined below), but for the avoidance of doubt does not include the Software (defined below).
“Documentation” means any manuals, specifications, and similar documentation related to the Software, which accompany the Software, or which otherwise are made available by Colvin Tools (for example, made available on the Site), which Documentation may change from time to time.
“Feature” means any tool and/or feature of the Site, but for the avoidance of doubt does not include the System.
“Colvin Tools Affiliate” means, with respect to Colvin Tools, any person, organization or entity controlling, controlled by or under common control with, Colvin Tools. For purposes of this definition only, "control" of another person, organization or entity will mean the possession, directly or indirectly, of the power to direct or cause the direction of the activities, management or policies of such person, organization or entity, whether through the ownership of voting securities, by contract or otherwise. Without limiting the foregoing, “control” will be deemed to exist when a person, organization or entity
(a) owns more than fifty percent (50%) of the outstanding voting stock or other ownership interest of the other organization or entity, or
(b) possesses, directly or indirectly the power to elect or appoint more than fifty percent (50%) of the members of the governing body of the other organization or entity.
“Intellectual Property” means any and all inventions, discoveries, improvements, new uses, works of authorship, technical information, data, technology, know-how, show-how, designs, drawings, utility models, topography and semiconductor mask works, specifications, formulas, methods, techniques, processes, databases, computer software and programs (including object code, source code, and non-literal aspects), algorithms, architecture, records, documentation, and other similar intellectual property, in any form and embodied in any media, whether or not protectable or registrable.
“Intellectual Property Rights” means any and all rights, titles, and interests in and to Intellectual Property, including without limitation patents, copyright and similar authorship rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as:
(a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights; and
(b) all goodwill associated with the foregoing rights.
“Law” means any federal, state, foreign, regional or local statute, regulation, ordinance, or rule of any jurisdiction.
“Marks” means trademarks, trade names, logos, design marks, service marks, service names, trade dress, and/or brand names.
“Site” means the website https://Rose Engine Butler.ColvinTools.com/ together with its subdomains and webpages, and, for the avoidance of doubt, also includes its ’look-and-feel’ and design and arrangement elements.
“Site Materials” means, collectively, Content and Features (but does not include User Submissions).
“System” means the Rose Engine Butler system made available via purchasing the system, or by upgrading that system with links and/or instructions on the site. It includes the interfaces between the components, including software licensed under both free and paid subscription plans, whhether made available to Customer: (a) on a hosted, web-based service basis via the Site, and/or (b) for download and installation. For the avoidance of doubt the System also include its non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces).
“Update” means an upgrade, update (such as a fix or patch), or other modification, enhancement or customization of the System.
Colvin Tools reserves the right to modify this Agreement at any time by posting the modified Agreement on the Site. Such modifications will be effective ten (10) days after such posting, and your continued use of any part of the Site after such date constitutes your agreement to be bound by the modified Agreement.
You acknowledge that Colvin Tools may, at any time and without prior notice, begin charging for certain Site Materials, and require Customer to create an account and purchase a term-based subscription license in order to continue accessing and using said Site Materials.
Subject to the terms and conditions of this Agreement, Colvin Tools grants you a limited, non-exclusive, non-assignable, non-transferable, and non-sublicensable license, during the Term (defined below), to access and display locally the Site for the sole purpose of using the Site and Site Materials for your own benefit and non-commercial, internal use (collectively, the "License").
For the avoidance of doubt, the Site and Site Materials (and any copies thereof made available to you) are only licensed under this Agreement, and no title in or to the Site, the Site Materials, or such copies passes to you. Except for the License, you are granted no other right in or to the Site or Site Materials, whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise.
Except to the extent expressly permitted otherwise in this Agreement, you shall not (and shall not permit or encourage any third party to) do any of the following:
(a) copy or reproduce the Site or Site Materials;
(b) sell, assign, lease, lend, rent, issue, sublicense, make available, or otherwise distribute to any third party, or publicly perform, display or communicate, the Site or Site Materials (for example, by uploading another user’s User Submission to another website or application), or otherwise use the Site or Site Materials in a time-sharing, outsourcing, or service bureau environment;
(c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects of, the Site or Site Materials;
(d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Site or Site Materials;
(e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Site or Site Materials, such as features that restrict or monitor use thereof;
(f) make a derivative work of the Site or Site Materials, or use the Site or Site Materials to develop any service or product that is the same as (or substantially similar to) the Site or Site Materials;
(g) disclose to the public the results of any internal performance testing or benchmarking studies of or about the Site or Site Materials, without first sending the results and related study(ies) to Colvin Tools, and obtaining Colvin Tools’ written approval of the assumptions, methodologies and other parameters of the testing or study;
(h) publish or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site or Site Materials; and/or
(i) use the Site or Site Materials to infringe, misappropriate or violate any third party’s Intellectual Property Rights, moral rights, privacy or other personal right, or any Law.
The above restrictions are limitations on the License, and your full compliance with the above is a condition to the License. For the avoidance of doubt, references in this Section to “Site” and “Site Materials” shall be taken to mean the Site and Site Materials, respectively, whether in whole or in part.
You acknowledge that the Site and Site Materials may contain information and materials that are confidential and proprietary to Colvin Tools (and may even constitute Colvin Tools’ or a Colvin Tools Affiliate’s trade secrets), and therefore you agree that a breach or threatened breach of this Section (License Restrictions) may cause Colvin Tools to suffer irreparable harm or damage for which monetary damages will be inadequate, and accordingly, if Colvin Tools seeks an injunction, specific performance, or other equitable relief to enforce any provision under this Section, Colvin Tools shall not be required to post a bond or to prove the likelihood of irreparable harm.
You have no obligation to provide Colvin Tools with any feedback, ideas or suggestions concerning the Site or Site Materials (collectively, “Feedback”). Nevertheless, to the extent you provide any Feedback, you hereby grant Colvin Tools and all Colvin Tools Affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable (through multiple tiers of sublicensees), assignable, and transferable license to use, copy, reproduce, distribute, modify, alter, adapt, arrange, translate, create derivative works of, publicly display, perform and communicate, and otherwise commercially exploit such Feedback, for any purpose whatsoever (the “Feedback License”). You hereby represent and warrant that:
(a) Feedback will not infringe, misappropriate or violate any third party’s Intellectual Property Rights, moral rights, privacy or other personal right, or any Law; and
(b) you have, and will maintain during and after any termination of this Agreement, all licenses, consents, permissions and approvals required to grant the Feedback License. The Feedback License shall survive any termination of this Agreement. Feedback will not be deemed (or treated as) confidential or sensitive to you.
For the avoidance of doubt, Feedback does not include User Submissions (which are subject to Section 6 below).
If and when you submit, post, upload or otherwise make available Content (such as gCode files) on or through the Site for public viewing ("User Submissions") you hereby grant:
6.1. Colvin Tools and all Colvin Tools Affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable (through multiple tiers of sublicensees), assignable, and transferable license to use, reproduce, copy, modify, adapt, arrange, translate, create derivative works of, and publicly display, perform and communicate such User Submissions, for the sole purpose of making available, improving, and/or promoting the Site and/or Site Materials (the "User Submission License"); and
6.2. each user of the Site a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, non-sublicensable, non-assignable, and non-transferable license to use, reproduce, copy, modify, adapt, arrange, translate, and create derivative works of such User Submissions for such user’s own benefit and non-commercial, internal use (the "Cross License").
You hereby represent and warrant that:
(a) your User Submissions will not infringe, misappropriate or violate any third party’s Intellectual Property Rights, moral rights, privacy or other personal right, or any Law; and
(b) you have, and will maintain during and after any termination of this Agreement, all licenses, consents, permissions and approvals required to grant the User Submission License and the Cross License.
Furthermore, you hereby irrevocably and unconditionally waive (and will caused to be waived), and covenant never (whether during or after the Term) to assert against Colvin Tools, Colvin Tools Affiliates, and/or any user of the Site, any moral, privacy or other personal right in or to your User Submissions. The User Submission License and the Cross License shall survive any termination of this Agreement. User Submissions made publicly available will not be deemed (or treated as) confidential or sensitive to you.
You are solely responsible and liable for your User Submissions. Colvin Tools has no obligation to accept, display, review, or maintain any of your User Submissions, or enforce the Cross License or any of your Intellectual Property Rights in and to User Submissions. Colvin Tools may, for any reason and at any time, and without notice to you, edit, replace and/or delete your User Submissions, such as, but not limited to, if Colvin Tools:
(a) determines that you are in breach of any provision of this Agreement or have violated (or are suspected by Colvin Tools of violating) any applicable Law; and/or
(b) deems it helpful or reasonably necessary to comply with any applicable Law, legal process, or governmental request, to enforce this Agreement (including investigations of potential breaches thereof), detect, prevent, or otherwise address fraud or security issues, or protect against harm to the rights, property or safety of Colvin Tools, its users, yourself, or the public.
It is Colvin Tools’ policy to respect the legitimate rights of copyright owners, and Colvin Tools will respond to clear notices of alleged copyright infringement in accordance with its then-current Intellectual Property Policy.
7.1. The Software may include third party software components and authorized interfaces with third party software that are subject to open source and/or pass-through commercial licenses and/or notices (“Third Party Software” and “Third Party Software Terms and Notices”, respectively). Colvin Tools may make available in the Documentation a list (or other index) of such Third Party Software and Third Party Software Terms and Notices, and will comply with any valid written request submitted by Customer to Colvin Tools for exercising Customer's rights under such Third Party Software Terms and Notices. Customer acknowledges that its use of the Software is also governed by such Third Party Software Terms and Notices, and that to the extent of any conflict between this Agreement and any Third Party Software Terms and Notices, the latter shall control. Any covenants, representations, warranties, guarantees, conditions, indemnities or other commitments made by Colvin Tools in this Agreement concerning the Software (if any), are made by Colvin Tools and not by any authors, licensors, or suppliers of, or contributors to, such Third Party Software. Notwithstanding the foregoing sentence or anything in this Agreement to the contrary, Colvin Tools does not make any representation, warranty, guarantee, or condition, and does not undertake any defense or indemnification, with respect to any Third Party Software.
7.2. The Software may allow you to access third party web sites (“Third Party Sites”) not owned or operated by Colvin Tools. User access to and use of any Third Party Sites, including any Third Party Software, goods, services or information made available from such sites, is governed by the terms and conditions if any found at each Third Party Site.
Colvin Tools reserves the right to remove, modify, and/or add Features at any time, without any notice to you, and for any reason whatsoever. Some Features may in any event be limited, suspended or restricted by geography, volume, duration or any other criteria determined by Colvin Tools. Moreover, if Colvin Tools determines that you are in breach of any provision of this Agreement, Colvin Tools reserves the right to block you from certain Features. A new or modified Feature may be accompanied by separate or additional licensing terms, in which case such terms will apply instead of, or in addition to, this Agreement (as set forth in such licensing terms).
9.1. Colvin Tools may from time to time provide Updates, but is not under any obligation to do so. Such Updates will be supplied according to Colvin Tools' then-current policies, which may include automatic implementation without any notice to Customer. In some cases, Customer will be required to install the Update manually. All references in this Agreement to “System” shall include its Updates as well, and this Agreement shall govern any Update unless the Update is accompanied by separate or additional licensing terms, in which case such terms will apply instead of, or in addition to, this Agreement (as set forth in such licensing terms).
You hereby acknowledge that, in accordance with Colvin Tools’ then-current privacy policy (“Privacy Policy”), which is hereby incorporated into this Agreement, Colvin Tools may collect, obtain, store and use information about your use of the Site.
This Agreement commences on the Effective Date and will remain in full force and effect until terminated by either party in accordance herewith (the “Term”).
Colvin Tools reserves the right to immediately terminate this Agreement, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice to you, and you agree that Colvin Tools will have no liability or obligation to you for any such termination, modification, suspension, or discontinuance. Your sole remedy in the event you object to any provision of this Agreement or become dissatisfied with the Site or Site Material, is to terminate this Agreement by ceasing to access and use the Site and Site Materials.
Upon termination of this Agreement:
(a) the License will automatically terminate; and
(b) you shall immediately cease all access to and use of the Site and Site Materials.
Termination of this Agreement shall not affect any right or liability accrued by either party as of the effective date of termination. Any provision in this Agreement that is stated to survive termination, shall survive, as will Sections 12 (Consequences of Termination; Survival) through 18 (General) inclusive.
You hereby acknowledge that the Site and Site Materials are or may be protected by Laws, treaties, and conventions governing Intellectual Property. Any rights not expressly granted herein are hereby reserved by Colvin Tools and its licensors and suppliers. Except for your User Submissions, Colvin Tools and/or its licensors and suppliers are the sole and exclusive owners of all Intellectual Property Rights in and to the Site and Site Materials. Marks displayed on the Site are the Intellectual Property Rights of Colvin Tools and/or its licensors and suppliers. For the avoidance of doubt, and except for the User Submission License and Cross License, you retain ownership of all Intellectual Property Rights in and to your User Submissions.
THE SITE AND SITE MATERIALS (WHICH, FOR THE AVOIDANCE OF DOUBT, MAY INCLUDE USER SUBMISSIONS AND THIRD PARTY MATERIALS), AS WELL AS ANY OTHER ITEMS PROVIDED OR MADE AVAILABLE BY COLVIN TOOLS, ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF SERVICE, NON-INFRINGEMENT, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY COLVIN TOOLS AND ITS LICENSORS AND SUPPLIERS. IN ADDITION, NEITHER COLVIN TOOLS NOR ITS LICENSOR OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
15.1. REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE, SITE MATERIALS, AND SAID OTHER ITEMS; OR
15.2. THAT YOUR USE OF THE SITE, SITE MATERIALS, OR SAID OTHER ITEMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE.
Some jurisdictions may not allow the disclaimer of certain implied warranties or conditions, and to the extent applicable to you, Colvin Tools limits the duration of such warranties and conditions to the duration of ninety (90) days from the Effective Date.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER OF WARRANTIES) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COLVIN TOOLS.
In the event of any third party demand, claim, suit, action and/or proceeding against Colvin Tools, a Colvin Tools Affiliate, and/or any of the foregoing entities’ respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), and it is based upon or arises from your:
16.1. use of the Site or Site Materials (or part thereof);
16.2. breach of any provision of this Agreement; and/or
16.3. violation of any Law applicable to you
(each of the foregoing, a “Claim”) then, upon written request by Colvin Tools (to be decided in its sole discretion), you agree to assume full control of the defense and settlement of the Claim; provided, however, that (A) Colvin Tools reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and (B) you shall not settle any Claim, or admit to any liability thereunder, without the prior express written consent of Colvin Tools.
In addition, and regardless of whether (or the extent to which) you participated in the defense and/or settlement of a Claim, you agree to indemnify and hold harmless the Indemnitee for and against:
(a) any costs and expenses (including without limitation reasonable attorneys’ fees) incurred by the Indemnitee in the defense of such Claim; and
(b) any amounts awarded against, or imposed upon, the Indemnitee under such Claim, or otherwise paid in settlement of the Claim (including without limitation damages, losses, liabilities, and fines).
17.1. IN NO EVENT WILL COLVIN TOOLS OR ANY COLVIN TOOLS AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, FOR:
(A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
(B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
(C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
17.2. THE COMBINED AGGREGATE LIABILITY OF COLVIN TOOLS AND ALL COLVIN TOOLS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED TEN U.S. DOLLARS (US$ 10).
17.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF COLVIN TOOLS OR A COLVIN TOOLS AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY).
17.4. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.
17.5. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COLVIN TOOLS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT MUST COMMENCE WITHIN THIRTY (30) DAYS OF YOU BECOMING AWARE (OR THE DATE ON WHICH YOU SHOULD REASONABLY HAVE BECOME AWARE) OF THE CAUSE OF ACTION. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION SHALL BE DEEMED PERMANENTLY BARRED.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Ohio, USA without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in Union County, Ohio, and you hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue. Furthermore, you:
18.1. agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that you may initiate such proceedings only on its own behalf;
18.2. hereby irrevocably and unconditionally waive the right to litigate such claims, disputes, or controversies in court before a jury; and
18.3. agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person’s access to or use of the Site.
Notwithstanding anything in this Agreement to the contrary, Colvin Tools may seek injunctive relief, specific performance, and/or other equitable relief in any court worldwide that has competent jurisdiction.
19.1. Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral or written understandings and statements by the parties with respect to such subject matter.
19.2. Assignment. Colvin Tools may assign this Agreement (or any of its rights and obligations hereunder) without your consent and without notice. This Agreement is personal to you, and you shall not assign this Agreement (or any of its obligations or rights hereunder) without Colvin Tools’ prior express written consent in a duly signed writing. Any prohibited assignment shall be null and void.
19.3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then:
(a) the remaining provisions of this Agreement shall remain in full force and effect; and
(b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
19.4. Remedies. Except as stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.
19.5. Waiver. No failure or delay on the part of any party hereto in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Colvin Tools, the writing must be duly signed by Colvin Tools), and shall be valid only in the specific instance in which given.
19.6. Relationship. The relationship of the parties is solely that of independent contractors. Nothing in this Agreement shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
19.7. Notices. You agree that Colvin Tools may send you notices by email, by regular mail, and/or via postings on the Site. Except as stated otherwise in this Agreement or required by Law applicable to you, you agrees to send all notices to Colvin Tools, to ColvinTools@Gmail.com.
19.8. No Third Party Beneficiaries. Except as otherwise expressly provided in this Agreement (for example, Colvin Tools Affiliates and Indemnitees), there shall be no third-party beneficiaries to this Agreement. You further acknowledge and agree that some of Colvin Tools’ suppliers and/or licensors may, in their agreements with Colvin Tools, be entitled to enforce certain rights and usage restrictions against users of the Site and Site Materials, and, to that extent, such suppliers and licensors shall have the right to enforce such rights and restrictions directly against you.
19.9. Legal Compliance. You agree to use the Site and the Site Materials in compliance with all Laws applicable to you. Without limiting the generality of the foregoing sentence, you must not use or otherwise export or re-export any Site or Site Materials except as authorized by Export Control Laws. “Export Control Laws” means all export and re-export control Laws applicable to you, as well as the United States’ Export Administration Regulations (EAR) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (ITAR) maintained by the US Department of State.
19.10. Force Majeure. Colvin Tools shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any
(a) act of God,
(b) war, riot or civil commotion,
(c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or
(d) other similar cause beyond Colvin Tools’ reasonable control.
For the avoidance of doubt, any problems relating to the hosting of the Site or Site Materials shall not be deemed within Colvin Tools’ reasonable control.