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Terms
 
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Audinst web site located at www.audinst.com, and all associated sites linked to www.audinst.com by Audinst, its subsidiaries and affiliates, including Audinst sites around the world (collectively, the “Site”). The Site is the property of Audinst Inc. (“Audinst”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
 
Audinst reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Audinst grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
 
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Audinst, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
 
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Audinst’s express prior written consent.
 
You may use information on Audinst products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Audinst for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
 
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Audinst reserves the right to bar any such activity.
 
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Audinst server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
 
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Audinst, including any Audinst account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
 
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Audinst’s systems or networks, or any systems or networks connected to the Site or to Audinst.
 
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
 
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Audinst on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
 
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Audinst or others.
 
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
 
Audinst’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
 
Audinst may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Audinst makes no commitment to update the materials on the Site with respect to such products and services.
 
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
 
.Trademark Information 
.Copyright Information
    .Rights and Permissions
    .Claims of Copyright Infringement 
.Piracy Prevention
    .Report Piracy 
.Software License Information 
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
 
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Audinst ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Audinst immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Audinst or any other user of or visitor to the Site due to someone else using your Audinst ID, password or account as a result of your failing to keep your account information secure and confidential.
 
You may not use anyone else’s Audinst ID, password or account at any time without the express permission and consent of the holder of that Audinst ID, password or account. Audinst cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
 
Privacy
Audinst’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Audinst’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
 
Links to Other Sites and to the Audinst Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Audinst’s control, and Audinst is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
 
Disclaimers
Audinst DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Audinst CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Audinst DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Audinst DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Audinst SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Audinst FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
 
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
 
Audinst reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 
Limitation of Liability
Except where prohibited by law, in no event will Audinst be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Audinst has been advised of the possibility of such damages.
 
Indemnity
You agree to indemnify and hold Audinst, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Audinst by any third party due to or arising out of or in connection with your use of the Site.
 
Violation of These Terms of Use
Audinst may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Audinst’s rights or property, or the rights or property of visitors to or users of the Site, including Audinst’s customers. Audinst reserves the right at all times to disclose any information that Audinst deems necessary to comply with any applicable law, regulation, legal process or governmental request. Audinst also may disclose your information when Audinst determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
 
You acknowledge and agree that Audinst may preserve any transmittal or communication by you with Audinst through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Audinst determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Audinst, its employees, users of or visitors to the Site, and the public.
 
You agree that Audinst may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Audinst, for which monetary damages would be inadequate, and you consent to Audinst obtaining any injunctive or equitable relief that Audinst deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Audinst may have at law or in equity.
 
You agree that Audinst may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
 
If Audinst does take any legal action against you as a result of your violation of these Terms of Use, Audinst will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Audinst. You agree that Audinst will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
      
 
Privacy Policy
Audinst’s Customer Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by Audinst anytime you interact with Audinst, such as when you visit our website, when you purchase Audinst products and services, or when you call our sales or support associates. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at Audinst, and we go to great lengths to protect it.
 
Why we collect personal information
We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about.
 
What information we collect and how we may use it
There are a number of situations in which your personal information may help us give you better products. For example:
 
We may ask for your personal information when you’re discussing a service issue on the phone with an associate, downloading a software update, registering for a seminar, participating in an online survey, registering your products, or purchasing a product. 
When you interact with Audinst, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Audinst products you own, such as their serial numbers and date of purchase; and information relating to a support or service issue. 
We also collect information for market research purposes — such as your occupation and where you use your computer — to gain a better understanding of our customers and thus provide more valuable service. 
We collect information regarding customer activities on our websites, and the Online Store. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them. 
We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve Audinst’s products. 
Your Audinst ID and related information
The Audinst website, as well as Audinst services such as Online Store, allows you to create an “Audinst ID” based on your personal information. This convenient service saves you time and allows for easier use of our web services. Here’s how it works: You create a personal profile — providing your name, phone number, email address, and in some cases your mailing address or a credit card number — and choose a password and password hint (such as the month and day of your birth) for security. The system saves your information and assigns you a personal Audinst ID — in many cases simply your email address, because it’s unique and easy to remember. The next time you order from the Audinst Store or register a new product, all you need to do is enter your Audinst ID and password; the system looks up the information it needs to assist you. In addition, if you update the information associated with your Audinst ID it will be available for all your transactions with Audinst globally.
 
When we disclose your information
Audinst takes your privacy very seriously. Audinst does not sell or rent your contact information to other marketers.
 
With our service providers, vendors, and strategic partners
There are also times when it may be advantageous for Audinst to make certain personal information about you available to companies that Audinst has a strategic relationship with or that perform work for Audinst to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Audinst’s policies, except if we inform you otherwise at the time of collection. For example, when you purchase and activate your iPhone, you authorize Audinst and its carrier to exchange the information that you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Audinst and its carrier’s respective privacy policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Audinst website.
 
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
 
How we protect your personal information
Audinst takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
 
You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser like Safari.
 
Kids
Audinst recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Audinst purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to Audinst and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible.
 
Cookies and other technologies
As is standard practice on many corporate websites, Audinst’s website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services, such as iTunes. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.
 
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
 
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Audinst will not use the information collected to market directly to that person.
 
Our companywide commitment to your privacy
As we said, Audinst takes protecting your privacy very seriously. 
 
Audinst’s website has links to the sites of other companies. Audinst is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
 
Privacy questions
If you have questions or concerns about Audinst’s Customer Privacy Policy or data processing, please use the appropriate regional email addresses (see list below) to contact us. The Audinst Data Controller in your region will respond to your inquiry within 30 days.
 
Country or Region: Contact Information: 
sales@audinst.com 
 
Audinst may update its privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy.
     

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