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SGS Media Room Content Terms of Use

I.  Scope

Subject to the following conditions, this page is dedicated to professional journalists who are invited to view, download and distribute copies of SGS photos and videos (SGS Media Room Content) only for use in reporting on SGS Group and/services in publications in a professional journalistic context. SGS reserves the right (i) to review or terminate any license granted herein at any time upon notice and (ii) to discontinue any aspect of SGS Media Room at any time.

II.  Acceptance of Terms

Byusing, linking or embeddingthe SGS Media Room Content and using functionality available for you through the SGS Media Room (altogether hereinafter “Service”), you hereby agree to these Terms of Use.

III.  Terms of Use

1. You may not modify SGS Media Room Content in anyway.

2. if used: SGS Media Room Content is watermarked. A watermark is an invisible tag that allows identifying the copyright owner. You agree not to alter, extract, remove or tamper in any way with the watermarks in SGS Media Room Content you download from this page. The watermarked SGS Media Room Content will be tracked for legal usage and by using SGS Media Room Content, you agree to this tracking with the purpose of detecting any violation of intellectual property laws.

2. You may only reproduce, publicly display, distribute or otherwise use SGS Media Room Content in a professional journalistic context in connection with a newspaper, magazine, broadcast media (radio, television, billboards) or Internet media (ad enabled blog, webcasts, webinars, podcasts).

3. You agree not to access SGS Media Room Content through any technology or means other than the SGS Media Room webpage itself or other explicitly authorized means that SGS may designate.

4. You shall not use SGS Media Room Content for any sale of access to SGS Media Room Content.

5. In your use of SGS Media Room, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

V.  Privacy and Data Protection

You acknowledge and agree that SGS may collect, use, store and otherwise process personal, inventory and utilization data in machine readable form within the scope and for the purposes of the use of SGS Media Room Content. All personal data will be treated confidential and in compliance with SGS Privacy Policy.

VI.  Indemnity

You acknowledge and agree to indemnify and hold SGS, its affiliates, subsidiaries, officers, agents, partners, employees and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your usage of the SGS Media Room Content,usage of and in connection to the use of the SGS video’s, breach of these Terms of Use, or violation of any other rights of another.

VII.  Warranties and Liability

SGS does not guarantee or warrant any features or qualities of the Software (including but not limited to the SGS video flash player) and/or Services or give any undertaking with regard to the accuracy and liability of the Services. Statements and explanations on the SGS Media Room Content and/or the related Services in promotions material and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features, nor does SGS represent or endorse the accuracy and reliability of the Services. No such warranty or undertaking shall be implied by you except to the extent SGS has expressly confirmed that other quality in writing. Warranties are validly given only with the express written confirmation of SGS’ management.

SGS does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on SGS Media Room Content, (ii) the content provided contained on or obtainable by such web-pages and/or (iii) any information provided by SGS or third parties on the SGS Media Room Content. SGS only reviews whether the content of such web page at the time it was linked and/or the information provided by third parties evidently contains illegal contents or infringements against intellectual property rights. SGS will not permanently control and/or review the linked web-pages and the information provided by third parties but – upon sufficiently proven indication will remove the respective link and/or information. SGS shall not be liable for damages caused by the use of the SGS Media Room Content unless such damages have been caused by SGS’ willful misconduct, gross negligence or SGS’ failure to fulfill its duty to review as stipulated herein.

VIII.  Limitation of Liability

TO THE EXTEND NOT PROHIBITED BY APPLICABLE LAW, SGS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AFORESTATED LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SGS AND IN CASE SGS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS APPLY.

IX.  Entire Agreement

This Agreement contains the entire understanding of SGS and You to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings between the parties with respect to the subject matter of this Agreement. Except as provided for herein no license to the confidential information, Innovations, Software or Services is hereby granted to User.

X.  Applicable Law

The laws of Switzerland will govern this Agreement, without giving effect to any principles of conflicts of laws.

XI.  Waiver and Severability

The failure of SGS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. To the extent that any provision in this Agreement shall be found to be unenforceable for any reason, such provision shall be modified in such a manner so as to make this Agreement as modified, legal and enforceable under applicable laws, and the balance of the provisions of this Agreement shall not be affected thereby.

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