DrayTek Member Agreement

The DrayTek Member program is owned and operated by DrayTek Corp.(DrayTek). Please read this Member Agreement carefully before accessing or using Member program. By accessing or using DrayTek Member, you agree to be bound by the terms and conditions set forth below, as if you had actually agreed them.

Your privacy is DrayTek’s first priority and we appreciate the trust you have in us. The following statements will help you to learn more about how, where and who manages your information at www.draytek.com (the Website) and how to properly utilize the information and Firmware / Software (e.g. router utility) from the Website.
Draytek provides DrayTek Member service according to this agreement. When you use DrayTek Member service, it means that you have read, understand and agree to accept the items listed in this agreement. Draytek can modify or change the content of the items without any reasons. It is suggested for you to notice the
modifications or changes at any time. If you still use DrayTek Member service after knowing the modifications and changes of this service, it means you have read, understand and agree to accept the modifications and changes. If you do not agree the content of this agreement, please stop using DrayTek Member service.

1. Protect your information
The data about you collected via the Website is for any business or operational practices within DrayTek. Your information will not be revealed or resell to other firms; except our employees who represent DrayTek agree only to use your information in order to provide you with better customer services

2. Member Registration Obligations
To use this service, you have to agree the following conditions:

a. Membership is free. Membership is limited to individuals and legal entities.
b. Registration Data. Provide your complete and correct information according to the registration steps of this service. If Member provides any information that is untrue, inaccurate, not current or incomplete, DrayTek may suspend or terminate Member's account immediately and may refuse Member all current or future use of DrayTek Member.

Password & Account Access

Member's Password & Account Access Rights & Responsibilities
c-1. Member must select a Member identification name and password as part of the registration process.
c-2. In order to prevent unauthorized activity, to access DrayTek Member, Member must give DrayTek Member the Member identification name and password in order to update Member profile information and obtain rights of downloading firmware/software and particular activities held by DrayTek Corp.
c-3. Member must be logged in to DrayTek Member program, using her/his Member identification name and password, to access her/his DrayTek Member account.
c-4. For Security purposes, Member is advised to memorize, and not to write down, her/his Member identification name and password.
c-5. Member agrees not to use any language in her/his Member identification name, Password, e-mail address, aliases, e-mails, chat rooms or any other communication that DrayTek Corp. deems offensive or obscene. DrayTek
Member reserves the right to immediately suspend or terminate the account of any Member who violates this agreement at its sole discretion and may refuse Member all current and future use of DrayTek Member.
c-6. Member is responsible for keeping his/her e-mail address, Member identification name and password confidential, and is solely responsible for all activities that occur under Member's e-mail address, Member identification name and password, including all unauthorized activities.
c-7. Member agrees to (a) immediately notify DrayTek Corp. of any unauthorized use of her/his Member identification name and password or any other breach of security related to this Website or other relevant web link, and (b) ensure that Member exits from Member's account at the end of each session.
c-8 Member agrees to abide by all applicable local, state, federal and international laws and regulations with respect to Member's account.

DrayTek's Password & Account Access Rights & Responsibilities
d-1. DrayTek is entitled to act on instructions received under Member's identification name and password.
d-2. Each Member consents to DrayTek Corp. employees being able to access your account and records on a case basis to investigate complaints or allegations of abuse. If this occurs, DrayTek Member program shall not
disclose existence or occurrence of such an investigation unless otherwise required by law.
d-3. Generally, only the Member named on the account will be entitled to access account information. However, DrayTek Member does comply with court orders and subpoenas and cooperates with investigations by local, state and federal agencies. Under these circumstances your account information may be shared with others with or without your knowledge or consent

3. Proprietary Rights to Content

a. Member agrees that title, ownership rights and other intellectual property and proprietary rights in DrayTek Member program shall remain in DrayTek Corp. and/or its licensors and suppliers.

b. Member acknowledges that the content of this Website and DrayTek Member program- including but not limited to text, sound, photographs, graphics,  software or other material contained in either DrayTek Corp., Partners,advertisements, offers, electronic mail communications, services or software is copyrighted by DrayTek Corp. and/or its licensors and suppliers under R.O.C. and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by DrayTek Corp. or its licensors and
suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of DrayTek Corp. and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that
may be provided by DrayTek Corp. or its Partners may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.

c. Member may use DrayTek's or Partners' content, service or software only as expressly authorized by DrayTek or the Partners.

d. Member acknowledges and agrees that DrayTek Member program and any necessary firmware/software (router utility) provided by DrayTek Corp. or its Partners or other third-party partners and used in connection with DrayTek Member program ("Firmware/Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. DrayTek Corp. grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Firmware/Software on a
single computer and solely in connection with Member's use of this Website and DrayTek Member program; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sub-license, grant a security interest in, or otherwise transfer any right in any such Firmware/Software. Member agrees not to modify any such Firmware/Software in any manner or form, or to
use modified versions of any such Firmware/Software, including (without limitation) for the purpose of obtaining unauthorized access to DrayTek Member program. Member agrees not to access DrayTek Member program by
any means other than through the interface that is provided by DrayTek Corp. for such use.e. If, at DrayTek Memeber's request, a Member sends content (e.g., postings to chat boards or contests) or Member sends DrayTek Member program creative suggestions, ideas, notes, drawings or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain, the property of DrayTek Corp. and shall be controlled by the same ownership obligations set forth in Section 3rd 1-4.above.

4. Member Conduct
Member agrees not to use DrayTek Member or this Website to:
a. Violate any local, state, national or international law;
b. Stalk, harass or harm another individual;
c. Collect or store personal data about other Members;
d. Impersonate any person, or otherwise misrepresent Member's identity;
e. Interfere with, disrupt or violate the terms and conditions and operating rules of DrayTek Member or servers or networks connected to DrayTek Member; or disobey any requirements, procedures, policies or regulations of such networks;
f. Interfere with another Member's use of DrayTek Member;
g. Attempt to gain unauthorized access to DrayTek Member, or to other accounts, computer systems or networks connected to DrayTek Member;
h. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
i. Use DrayTek Member to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
j. Resell or otherwise generate income by providing access to DrayTek Member to others.
5. Termination
a. This Member Agreement, and your account, may be terminated as follows:
- By Member. Member may terminate membership in DrayTek Member with or without cause at any time. Member's termination of DrayTek Member is effective upon Member completing the Member termination form within the DrayTek Member website.
- By DrayTek, DrayTek may terminate this Member Agreement, Member's password, account or use of DrayTek Member, and remove and discard any Member content in its sole discretion, effective immediately and without
prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data, lack of use, or if DrayTek believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.

DrayTek reserves the right to discontinue DrayTek Member with 1 (1) month prior notice.

b. Effect of Termination - Upon termination by either Member or DrayTek:
- DrayTek may immediately deactivate or delete Member's account and all
related information and files and/or bar any further access to such files or
DrayTek Member
- Member's right to use DrayTek Member ceases immediately.
- Member agrees that DrayTek shall not be liable to Member or to any
third party for any termination of Member's account or Member's access to
DrayTek Member.

Modifications to Terms & Conditions
a. DrayTek reserves the right to modify DrayTek Member, this Member Agreement and/or Privacy Policy at any time without prior notice. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement and Privacy Policy. While DrayTek reserves this right, DrayTek will attempt to notify Member of any such changes to the Privacy Policy and material changes to the Member Agreement via e-mail and/or by posting such changes on the DrayTek Member Website.
b. DrayTek may discontinue, add to or revise any or all aspects of DrayTek Member in its sole discretion and without notice, access to any support services, publications and other products or services ancillary to DrayTek
Member or membership.
c. If Member objects to any changes, Member's sole recourse shall be to cease using DrayTek Member. Member's continuing use of DrayTek Member after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's
agreement to be bound by such change(s).
d. Any new or additional features of DrayTek Member shall be subject to this Member Agreement.

7. Disclaimer of Warranties
a. Member agrees that use of DrayTek Member and this Website is solely at the risk of the Member.
b. DrayTek Member and all services offered therein are provided on a strictly "AS IS" and "AS AVAILABLE" basis, without representation or warranty (including any implied warranties) of any kind.

c. Neither DrayTek nor its Partners makes any warranty:
- That DrayTek Member will meet Member's requirements.
- That DrayTek Member will be uninterrupted, timely, free of errors or without defects.
- As to the results a Member may obtain by using DrayTek Member.
- As to the accuracy or reliability of any information obtained via DrayTek Member.

d. DrayTek EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, OTHER THAN AS OTHERWISE SET FORTH IN THIS MEMBER AGREEMENT, REGARDING DrayTek Member,
INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH DrayTek Member (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THIS MEMBER AGREEMENT), INCLUDING, BUT NOT LIMITED TO:
- THE IMPLIED WARRANTY OF MERCHANTABILITY;
- THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND
- NON-INFRINGEMENT.

e. DrayTek makes no warranty with regard to any products, services, or gifts obtained by Members through DrayTek Member's Partners. DrayTek cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Partners, manufacturers of merchandise or suppliers of services. However, the third party manufacturer or supplier of these Product(s) may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.

f. No advice or information, whether oral or written, obtained by a Member from DrayTek or via DrayTek Member shall create any warranty not expressly made herein.

8. Limitation of Liability
IN NO EVENT WILL DrayTek BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF DrayTek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. DrayTek's AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE FIRMWARE / SOFTWARE (ROUTER UTILITY) AND DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO EVENT EXCEED A SUM EQUAL TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW  THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Limited Warranty of Firmware/Software (Router Utility)
THE FIRMWARE / SOFTWARE (ROUTER UTILITY) IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DrayTek DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DrayTek DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FIRMWARE / SOFTWARE (ROUTER UTILITY) WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE FIRMWARE / SOFTWARE (ROUTER UTILITY) WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE FIRMWARE / SOFTWARE (ROUTER UTILITY) WILL BE CORRECTED, OR THAT THE FIRMWARE / SOFTWARE (ROUTER UTILITY) IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.  SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. “IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.”

10. Laws
a. The laws of Taiwan, Republic of China shall apply and bind the parties in any and all questions which may arise hereunder, regardless of the jurisdiction in which any action or proceeding may be initiated or maintained.
b. The Member Agreement constitutes the complete, final and exclusive understanding between DrayTek Corp. and Member relating to the subject matter hereof and governs Member's use of DrayTek Member and DrayTek Lottery Draw, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
c. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Partners or other third parties.
d. If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
e. DrayTek's failure to exercise or enforce any right or provision of this Member
Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DrayTek in writing.
f. Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of DrayTek Member or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
g. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
h. DrayTek may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
i. All headings in this Member Agreement are for convenience only and have no legal effect.
j. Any dispute arising under or in respect of this Member Agreement shall be resolved through binding arbitration in Taiwan, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the Commercial Arbitration Law in Taiwan .

10. No Resale
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Website, DrayTek Member, use of

11.DrayTek Lottery Prize website, access to DrayTek Member, or any Product(s). DrayTek Lottery Prize is provided for Member's personal, noncommercial use only.

12. Indemnification
Member agrees to indemnify and hold harmless DrayTek and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, co-branders, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of DrayTek Member by Membership (or anyone acting under Member's account or password), or the violation of any rights of another by Membership (or anyone acting under Member's account or password).

DrayTek Corp.
This file was last updated June 18, 2009