1. Acceptance of Terms

These Terms of Use govern your access to and use of www.eshard.com (the "Website"), operated by eShard, a company registered in France ("eShard," "we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms, you must discontinue your use of the Website immediately.

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2. Scope of Use and Separate Agreements 

The Website provides information regarding eShard’s cybersecurity platforms (including esDynamic and esReverse), laboratory equipment, and services. These Terms of Use govern your general interaction with our public web pages. The actual purchase, licensing, or use of eShard’s software, hardware, or professional services is governed by separate, specifically executed agreements (such as an End User License Agreement or Master Service Agreement). In the event of any conflict between these Terms of Use and a specialized product agreement, the product agreement shall control.

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3. Acceptable Use and Restrictions 

You agree to use the Website only for lawful purposes and in accordance with these Terms. You strictly agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which it is stored, or any connected database.
• Engage in any automated scraping, data mining, or extraction methods on the Website.
• Conduct vulnerability scanning, penetration testing, or reverse engineering on the Website or its underlying infrastructure without prior written authorization from eShard.
• Submit false, misleading, or deceptive information through any contact, support, or demo request forms.

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4. Global Trade Compliance and Sanctions 

eShard is dedicated to the lawful, intended use of our technology. You acknowledge that the Website and its technical contents may be subject to export control and economic sanctions laws of the European Union, France, the United States, and other applicable jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any comprehensively sanctioned country or territory, nor are you listed on any restricted party lists (including, but not limited to, the U.S. Treasury Department's list of Specially Designated Nationals or the EU Consolidated List of Sanctions).

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5. Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by eShard, its licensors, or other providers of such material and are protected by French and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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6. User Submissions and Feedback 

If you send us suggestions, feature requests, or feedback regarding our business, products, or the Website ("Feedback"), you grant eShard a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such Feedback for any purpose, without compensation or attribution to you.

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7. Indemnification 

You agree to defend, indemnify, and hold harmless eShard, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents 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 Website.

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8. Disclaimer of Warranties 

The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither eShard nor any person associated with eShard makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. eShard 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.

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9. Limitation on Liability 

To the fullest extent provided by law, in no event will eShard, 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 Website, any websites linked to it, or any content hosted on it. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

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10. Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of France without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of France.

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11. 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. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

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12. Contact Information 

To ask questions or comment about these Terms of Use, contact us at: contact@eshard.com.

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