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​​​​​​​                                                                         Application Terms of Use

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Acceptance of the Terms of Use


​Welcome to the application of KEMET Corporation ("KEMET"​​, "we" or "us"). This Application Terms of Use (the "Terms of Use") is a binding agreement between you (the "End User" or "you") and KEMET. These Terms of Use govern your access to and use of the KEMET application, including any content and functionality offered on or through the KEMET application (the "KEMET App"). KEMET and End User acknowledge that these Terms of Use are concluded between us and you only, and not with Microsoft Corporation ("Microsoft"), and we, not Microsoft, are solely responsible for the KEMET App and the Content therein. 

By accessing, downloading, installing, or using the KEMET App, You agree to be bound and abide by these Terms of Use, which you acknowledge that you have read and understood. If you do not want to agree to these Terms of Use, You must not access or use the KEMET App. ​

In order to use the KEMET App, You must have an account or a Microsoft ID on the Microsoft Online Store, owned and operated by Microsoft Corporation. Your use of the Microsoft Online Store is governed by legal agreements between You and Microsoft Corporation consisting of the Microsoft Terms of use and Sale (found at https://www.microsoftstore.com/store/msusa/en_US/DisplayTermsOfUseAndSalePage​) (the “Microsoft Terms”), which we acknowledge we have had the opportunity to review. You may not access or use the KEMET App if you do not comply with the Microsoft Terms. The Microsoft Terms will prevail in case of contradiction with these Terms of Use.

Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the KEMET App thereafter.  

Your continued use of the KEMET App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the KEMET App

 

We reserve the right to withdraw or amend the KEMET App, and any service or material we provide on the KEMET App, in our sole discretion without notice. We will not be liable to you or to any third party if for any reason all or any part of the KEMET App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the KEMET App, or the entire KEMET App, to users. 

License Grant

 

Subject to the terms of these Terms of Use, KEMET grants you a limited, non-exclusive and nontransferable license to:  (a) download, install, stream, run and use the KEMET App on a maximum number of Windows devices (as determined from time to time by Microsoft) (the "Devices") that are associated with the End User's Microsoft account without payment of any additional fees to KEMET; and (b) access, download, email and use on such Devices the Content made available in or otherwise accessible through the KEMET App, strictly in accordance with these Terms of Service. "Windows Devices" means an electronic device that is capable of running applications or apps.  

​License Restrictions

 

You will not:  (a) copy the KEMET App, except as expressly permitted hereunder; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the KEMET App; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the KEMET App or any part thereof; (d) remove, delete, alter or obscure any trademarks or copyright, trademark, patent or other intellectual property or proprietary rights notices from the KEMET App and any Content, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the KEMET App or any features or functionality of the KEMET App, to any third party for any reason, including by making the KEMET App available on a network where it is capable of being accessed by more than one device at any time.

Reservation of Rights

 

You acknowledge and agree that the KEMET App is provided under license, and not sold, to you. You do not acquire any ownership interest in the KEMET App under these Terms of Use, or any other rights thereto other than to use the KEMET App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms of Use. KEMET will retain our entire right, title and interest in and to the KEMET App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

Intellectual Property Rights

 

The KEMET App and its entire contents, features and functionality (including but not limited to all product information, software, text, displays, images, video and​ audio, and the design, selection and arrangement thereof) (the "Content"), are owned by KEMET and are protected by the United States and international copyright, trademark, patent, trade secretand other intellectual property or proprietary rights laws.

You must not modify or create derivative works of any of the Content on the KEMET App, except that you may copy, distribute, display, print, download, store or transmit the Content for your use.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from the KEMET App.

If you print, copy, download or otherwise use or provide any other person with access to any part of the KEMET App in breach of these Terms of Use, your right to use the KEMET App will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title or interest in or to the KEMET App or any Content on the KEMET App is transferred to you, and all rights not expressly granted are reserved by KEMET. Any use of the KEMET App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

KEMET and the End User acknowledge that, in the event of any third party claim that the KEMET App or the End User's possession and use of the KEMET App infringes that third party's intellectual property rights, KEMET, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.​

Trademarks

 

The KEMET name and logo and all related names, logos, product and service names, designs and slogans are trademarks of KEMET. You must not use such marks without the prior written permission of KEMET. 

Third-Party Materials

 

The KEMET App includes software, content, data or other materials, including related documentation, that are owned by persons other than KEMET and that are provided to you on licensee terms that are in addition to and/or different from those contained in this Terms of Use ("Third-Party Licenses"). A list of all materials included in the KEMET App and provided under Third-Party Licenses is set forth on Schedule A to this Terms of Use, and the applicable Third-Party Licenses are accessible via links therefrom. You are bound by and shall comply with all Third-Party Licenses. Any breach by you of any Third-Party License is also a breach of this Terms of Use.

Collection and Use of Your Information

 

You acknowledge that when you download, install, or use the KEMET App, KEMET may  use  automatic means (including, for example, Microsoft Windows App Analytics) to collect information about your mobile devise and about your use of the KEMET App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the KEMET App or certain of its features or functionality. All information we collect through or in connection with this KEMET App is subject to our Privacy Policy located at http://www.kemet.co​m/privacy-policy-apps​​​​. By downloading, installing, using, and providing information to or through this KEMET App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The KEMET App may contain hyperlinks or access to other websites unrelated to KEMET. Such links to third-party web sites are provided for reference only, and hyperlinks to or from the KEMET App do not imply endorsement of the material on the sites or association with the operators. KEMET does not control such websites, and is not responsible for their contents.

Prohibited Uses

 

You may use the KEMET App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the KEMET App: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); and (b) to engage in any conduct whatsoever that restricts or inhibits anyone's use or enjoyment of the KEMET App, or which, as determined by us, may harm KEMET or users of the KEMET App or expose them to liability.

Additionally, you agree not to:  (a) use the KEMET App in any manner that could disable, overburden, damage, or impair the application or interfere with any other party's use of the KEMET App; (b) use any robot, spider or other automatic device, process or means to access the KEMET App for any purpose, including monitoring or copying any of the material on the KEMET App; (c) Use any manual process to monitor or copy any of the Content on the KEMET App or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the KEMET App; (e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (f) Otherwise attempt to interfere with the proper working of the KEMET App. 

Legal Compliance

 

The End User may not use or otherwise export or re-export the KEMET App or the Content except as authorized by United States law and/or the laws of the jurisdiction in which the KEMET App or the Content was obtained. In particular, but without limitation, the KEMET App or the Content may not be exported or re-exported (a) into any U.S.-embargoed countries or any country designated by the United States as a "terrorist supporting" country, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the KEMET App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the KEMET App or the Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.​

Changes to the KEMET App; Maintenance and Support

 

We may update the content on the KEMET App from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content on the KEMET App may be out of date at any given time, and we are under no obligation to update such material.

KEMET is solely liable for maintaining the KEMET App as specified hereunder or as required under applicable law. KEMET and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the KEMET App.

Geographic Restrictions

 

The owner of the KEMET App is based in the state of South Carolina in the United States. We provide this KEMET App for use worldwide, subject to the Legal Compliance term set forth above. We make no claims that the KEMET App or any of its content is accessible or appropriate outside of the United States. Access to the KEMET App may not be legal by certain persons or in certain countries. If you access the KEMET App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that Content available for downloading from the KEMET App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our KEMET App for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE KEMET APP OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT.

YOUR USE OF THE KEMET APP AND ITS CONTENT IS AT YOUR OWN RISK. THE KEMET APP AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KEMET NOR ANY PERSON ASSOCIATED WITH KEMET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE KEMET APP. WITHOUT LIMITING THE FOREGOING, NEITHER KEMET NOR ANYONE ASSOCIATED WITH KEMET REPRESENTS OR WARRANTS THAT THE KEMET APP AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE KEMET APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE KEMET APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

KEMET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

 

IN NO EVENT WILL KEMET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE KEMET APP OR ANY CONTENT ON THE KEMET APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the KEMET App, including, but not limited to, any use of the Content, other than as expressly authorized in these Terms of Use or your use of any information obtained from the KEMET App.

Governing Law and Jurisdiction

 

All matters relating to the KEMET App, the Content and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of South Carolina, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the content or the KEMET App Website will be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the City of Greenville and County of Greenville although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE CONTENT OR THE KEMET APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ​

Waiver and Severability

 

No waiver by KEMET of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KEMET to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

 

These Terms of Use constitute the sole and entire agreement between you and KEMET with respect to the KEMET App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the KEMET App. ​

Your Comments and Concerns

 

All other feedback, comments, requests for technical support and other communications relating to the KEMET App, contact us at:

KEMET Electronics Corporation
2835 KEMET Way, Simpsonville, South Carolina 29681
mobileapps@kemet.com

Thank you for visiting the KEMET App​.

Copyright ©2016 KEMET Electronics Corporation

SCHEDULE A

 THIRD PARTY LICENSES

​      1. PouchDB - https://pouchdb.com/  
            License under Apache License, Version 2.0 (the "License"); you may not use this file except in complaince with the License.
            You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

​      2. Cordova - https://cordova.apache.org
            License under Apache License, Version 2.0 (the "License"); you may not use this file except in complaince with the License.
            You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

      3. jQueryMobile- http://jquerymobile.com/
            jQuery Mobile License is licensed at https://github.com/jquery/jquerymobile/blob/master/LICENSE.txt
      4. Pdf.js -https://mozilla.github.io/pdf.js
            License under Apache License, Version 2.0 (the "License"); you may not use this file except in complaince with the License.
            You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

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