The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Engineered Software, Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of Engineered Software, Inc. or such third party that may own the Marks. Engineered Software, Inc. and the Engineered Software, Inc. logo are trademarks of Engineered Software, Inc.
For a current list of Engineered Software, Inc.'s Marks, as well as certain third-party Marks, please refer to the posted trademark information.
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
Engineered Software, Inc., in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Engineered Software, Inc. may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Engineered Software, Inc. deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish a profile in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such profile. It is your sole responsibility to keep your profile number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your profile or any other breach of security, you shall notify Engineered Software, Inc. immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted profile for such Services or Materials, you consent to Engineered Software, Inc.'s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
Any Software which is downloaded from or made available via the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Engineered Software, Inc., 4529 Intelco Loop SE, Lacey, WA 98503.
You understand that the material contained on this Site, including without limitation all text, graphics, images, sounds and information, including without limitation information found in the electronic versions of manufacturers catalogs (Content), is for informational purposes only. Because the electronic versions of manufacturers catalogs are based on information as provided to Engineered Software, Inc. by the manufacturers, Engineered Software, Inc. does not certify that the contents of the electronic catalogs are accurate or current. Engineered Software, Inc. does not certify or endorse the Content on this Site. Engineered Software, Inc. does not certify the accuracy of any Content on this Site, including without limitation any information found in manufacturers catalogs.
USE OF ENGINEERED SOFTWARE, INC.S MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Engineered Software, Inc. Materials and User Content available on this Site subject to the following conditions:
Use of the Engineered Software, Inc. Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Engineered Software, Inc. Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Engineered Software, Inc. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether Engineered Software, Inc. Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Engineered Software, Inc. does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Engineered Software, Inc. and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Engineered Software, Inc. is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Engineered Software, Inc. shall not be liable for any failure to store User Materials on the Site at any time.
Engineered Software, Inc. may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Engineered Software, Inc.s sole discretion, without prior notice or liability to you.
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Engineered Software, Inc. to you as a convenience and the inclusion of the links do not imply any endorsement by Engineered Software, Inc. of any Linked Site. Engineered Software, Inc. has no control of the Linked Sites and you therefore acknowledge and agree that Engineered Software, Inc. is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Engineered Software, Inc. is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ENGINEERED SOFTWARE, INC. MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND ENGINEERED SOFTWARE, INC. MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) ENGINEERED SOFTWARE, INC. DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) ENGINEERED SOFTWARE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ENGINEERED SOFTWARE, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
ENGINEERED SOFTWARE, INC. DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ENGINEERED SOFTWARE, INC. SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ENGINEERED SOFTWARE, INC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGINEERED SOFTWARE, INC. WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ENGINEERED SOFTWARE, INC. ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to Engineered Software, Inc. products, services and programs that are not available in your country. These references do not imply that Engineered Software, Inc. intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Engineered Software, Inc. from its offices within the United States of America. Engineered Software, Inc. makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.
IN NO EVENT SHALL ENGINEERED SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ENGINEERED SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Engineered Software, Inc. will, in appropriate circumstances, terminate the profiles of users who infringe the Intellectual Property Rights of others. Engineered Software, Inc. will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
Engineered Software, Inc.'s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Niki Horace/Designated Agent Copyright Infringement Claims
Engineered Software, Inc.
4529 Intelco Loop SE
Lacey, WA 98503
By telephone: 360.292.4073
By fax: 360.412.0702
By e-mail: firstname.lastname@example.org
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through the feedback form.
Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Engineered Software, Inc. for consideration via this Site shall not be considered or accepted by Engineered Software, Inc., nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
Engineered Software, Inc. may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Engineered Software, Inc. is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non- Engineered Software, Inc. advertisers on the Site or in connection with the Services or Materials.
The export and re-export of Engineered Software, Inc. Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading Software, you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
This Site (excluding linked sites) is controlled by Engineered Software, Inc. from its offices within the state of Washington, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue in the state and federal courts sitting in either Thurston County or King County, Washington with respect to such matters.
C'est la volont expresse des parties que la prsente convention ainsi que les documents qui s'y rattachent soient rdigs en anglais.
Es la voluntad deliberada de las partes que el presente convenio as como los documentos que estn vinculados estn redactados en ingls.