PLEASE READ
THESE ONLINE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
BY ACCESSING, BROWSING AND/OR USING THIS WEB SITE ("SITE"),
YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU
DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Dataforth Corporation
("DATAFORTH") maintains this Site and all the information,
communications, software, scripting, photos, text, video, graphics,
music, sounds, images and other materials and services found on
the Site (collectively "Content") are for the use of its
customers, employees and members of the general public but only
for the lawful purposes described below.
ACCEPTANCE OF CONTRACT TERMS; JURISDICTION
In exchange
for accessing, browsing and/or using the Site, you agree to be bound
by these terms and to comply with all applicable laws and regulations,
including without limitation U.S. export and re-export control laws
and regulations. You represent you have the legal authority to accept
these Online Terms of Use on behalf of yourself or any party you
represent. If any provision of these Online Terms of Use is held
to be invalid by any law, rule, order or regulation of any government
or by the final determination of any state or federal court, such
invalidity shall not affect the enforceability of any other provision
of the Online Terms of Use.
DATAFORTH administers
this Site from its offices within the United States. DATAFORTH makes
no representation that the Content of this Site is appropriate or
available for use in other locations, and access is prohibited to
such Content from territories where the Content is illegal. BY ACCESSING
THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES
AND THE STATE OF ARIZONA, U.S.A., WITHOUT REGARD TO CONFLICTS OF
LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE
SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE
EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN ARIZONA,
U.S.A. You may not use or export or re-export the Content on this
Site or any copy or adaptation in violation of any applicable laws
or regulations, including, without limitation, U.S. export laws
and regulations. If you choose to access this Site from other locations,
you do so on your own initiative and are responsible for compliance
with applicable local laws.
USE OF SITE
Permission is
granted to display, copy, distribute and download the Content of
this Site for personal non-commercial use only, provided that you
do not modify the Content and that you retain all copyright and
other proprietary notices contained in the original Content or on
any copies of the Content. You may not modify the materials at this
Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use them for any public or commercial purpose. For
purposes of these Terms, any use of the Content on any other web
site or networked computer environment for any purpose is prohibited.
The Content on this Site is copyrighted and any unauthorized use
of any Content on this Site may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorization
to use this Site automatically terminates and you must immediately
destroy any downloaded or printed materials.
USER COMMUNICATIONS
Any information
or material you transmit to this Site is considered, for any and
all purposes, to be non-confidential and non-proprietary ("non-confidential
information"). DATAFORTH has no liabilities or obligations
with respect to the non-confidential information. DATAFORTH is free
to copy, distribute, incorporate, translate, disclose, and otherwise
use the non-confidential information and all data, images, sound,
and text for any and all purposes. DATAFORTH may, but is not obligated
to, monitor or review any areas on the Site where users transmit
or post non-confidential information or communicate solely with
each other, including but not limited to discussion groups, bulletin
boards or other user forums, and the content of any such non-confidential
information. DATAFORTH, however, has no liability related to the
content of any such non-confidential information, whether or not
arising under the laws of copyright, libel, privacy, obscenity,
or otherwise.
There are areas
on this Site where users may transmit or post non-confidential information.
In such areas we ask that you do not:
- Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or
have received all necessary
consents.
- Upload
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the
operation of another's computer.
- Advertise
or offer to sell or buy any goods or services for any business purpose.
- Falsify
or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict
or inhibit any other user from transmitting or posting Communications.
- Harvest
or otherwise collect information about others, including e-mail
addresses.
LINKS TO THIRD-PARTY WEB SITES
This Site may
contain links to third-party sites. Access to any other Internet
site linked to this Site is at the user's own risk, and DATAFORTH
does not control and is not responsible for any of these sites or
their content. Thus, DATAFORTH does not endorse or make any representations
about them, or any information, software or other products or materials
found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this
Site, you do this entirely at your own risk.
DISCLAIMER
THE CONTENT ON THIS SITE IS PROVIDED "AS IS." DATAFORTH
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. DATAFORTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE
RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THE
SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THIS SITE. The Content
on this Site might contain technical inaccuracies, typographical
errors or out-of-date information. Information may be updated or
changed at any time, without notice. Use of the Content on this
Site is therefore at your own risk. Warranties for products purchased
from DATAFORTH are provided in separate documents. Mention of non-DATAFORTH
products or services is for informational purposes only and constitutes
neither an endorsement nor a recommendation. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
DATAFORTH AND
ITS SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT
PRODUCTS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY
TO USE THE CONTENT ON THIS SITE OR ANY DATAFORTH PRODUCT, EVEN IF
DATAFORTH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY.
USE OF PRESS MATERIALS
If you are a
news publication agency, DATAFORTH grants to you and you accept
from DATAFORTH a limited, nonexclusive, world-wide license and right
to copy, distribute, publish, modify, and display (collectively,
"Use") Copyrightable Works (such as datasheets, images,
press materials, white papers and FAQs) that DATAFORTH supplies
to you through this Site. A news publication agency is defined as
an organization whose primary function is summarizing and analyzing
news; published on a regular periodic basis and containing news
articles of opinion, features, and advertising. All rights not expressly
granted to you are reserved to DATAFORTH. Your right to use the
Copyrightable Works is limited to Use in trade journals, newspapers,
magazines, news publishing web sites, and other publications maintained
by news publication agencies.
RESTRICTIONS ON USE OF CONTENT
You acknowledge,
having been advised by DATAFORTH, that the Content is protected
in the U.S. and internationally by a variety of laws, including
but not limited to, copyright laws and treaty provisions, trademark
laws and other intellectual property and proprietary rights laws
(collectively "Rights"). In addition to DATAFORTH's Rights
in individual elements of the Content, DATAFORTH owns a copyright
in the selection, coordination and arrangement of the Content. If
you are an entity other than a news publication agency and you request
to use Copyrightable Work(s), you agree to notify DATAFORTH in writing
of:
- Name or description of the requested Copyrightable Work(s).
- Your intended use of the requested
Copyrightable Work(s).
- Type and/or name of publication
you intend to create.
- Any modifications or alterations
you intend to make to the requested Copyrightable Works.
You agree not
to use the Copyrightable Works without our prior written approval
which may be given or withheld by DATAFORTH on a case by case basis.
DATAFORTH will determine, (1) whether to grant you permission to
use the requested Copyrightable Works; (2) whether to impose further
limitations or restrictions on your use of such Copyrightable Works;
and (3) whether any fees, costs, and/or royalties (collectively,
"Fees") shall apply to delivery or Use of such Copyrightable
Works.
DATAFORTH reserves
the right to impose further limitations or restrictions that DATAFORTH
feels are necessary on a case by case basis and you hereby agree
to abide by such limitations or restrictions before using such Copyrightable
Works."
TRADEMARKS AND SERVICE MARKS
The DATAFORTH
logo is owned by DATAFORTH and registered with the U.S. Patent and
Trademark Office. No DATAFORTH trademark or service mark may be
used as a hyperlink without prior written permission. Your use of
DATAFORTH's trademarks and/or logo in advertising and the promotion
of DATAFORTH's products and services requires an accompanying statement
that the trademarks and logo are the exclusive property of DATAFORTH.
REVISIONS
DATAFORTH may
revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then current Terms
because they are binding on you. Certain provisions of these Terms
may be superseded by expressly designated terms located on particular
pages of this Site.
Revised January 2001
Any rights not
expressly granted herein are reserved to Dataforth Corporation.