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TERMS OF USE
PLEASE READ CAREFULLY!
All information, materials,
data and electronic files of any kind whatsoever contained and posted
on this CD-ROM (the “Site”) (collectively, the “MATERIALS”) are provided
by Powerex, Inc., a Delaware corporation (“Powerex”), for informational
purposes only and as a service to its customers and vendors to assist
in their business dealings with Powerex. The MATERIALS are governed by
and subject to the terms and conditions stated in these terms of use (the
“Terms of Use”). By accessing, using or downloading any of the MATERIALS
contained in this Site, YOU (an individual acting on behalf of yourself
or a business entity) agree to be bound by these Terms of Use. If YOU
do not agree to be bound by these Terms of Use, do not download or print
any MATERIALS from and immediately discontinue using, this Site and the
MATERIALS.
AUTHORITY. YOU represent and
warrant that YOU possess the legal right to agree to these Terms of Use.
YOU agree to be responsible for any unauthorized use of the MATERIALS
caused directly or indirectly by YOU.
COPYRIGHT AND TRADEMARK RIGHTS.
YOU acknowledge and agree that the MATERIALS available on this Site are
protected by copyright, trademark, domain name, service marks, patents,
trade secrets or other intellectual property rights and laws. Except as
expressly authorized by Powerex, YOU agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from the MATERIALS.
All copyright privileges are reserved. “POWEREX” is a trademark of Powerex
in the United States and other countries.
PERMITTED USES AND RESTRICTIONS.
Use of the MATERIALS for any purposes, including reposting, republishing
or retransmission, not expressly permitted in these Terms of Use is prohibited.
There is no implied consent for any repost, republication or retransmission
of the MATERIALS. No part of the MATERIALS from this Site may be posted
to any web page, gopher or FTP site, bulletin board system or other electronic
archival database or republished or made available for a fee, except with
Powerex’s express written consent. The right to use the MATERIALS is a
license, not a transfer of title, and is subject to the restrictions stated
in these Terms of Use. YOU may download one copy of the MATERIALS onto
a single computer for the purpose of assisting YOU in the purchase and/or
use of any of the products referred to in this Site, provided that YOU
keep intact all copyright and other proprietary notices. YOU may also
make one hard copy of such MATERIALS. You may not put a link to the Site
on your web page, unless Powerex’s prior written consent is obtained.
Such links do not indicate either our approval or disapproval of any content
on your webpage or any other site that maintains the link. Except as expressly
provided in these Terms of Use or unless YOU receive specific written
permission from Powerex, YOU shall not:
(a) modify the MATERIALS or use them for any commercial purpose;
(b) assign, transfer or sublicense any rights granted to YOU through these
Terms of Use;
(c) offer the MATERIALS for sale or rental;
(d) decompile, decode, reverse engineer, or disassemble any Software which
is included in the MATERIALS;
(e) remove any copyright, trademark or other proprietary notices from
the MATERIALS; (f) take any actions which interfere with intellectual
property rights of Powerex or its affiliated companies; or
(g) copy, display, transfer, license, reproduce, publish, download, upload,
post, transmit, distribute or sell, in whole or in part, the MATERIALS
or use the MATERIALS to create a derivative work. Except as expressly
provided in these Terms of Use, there are no other express or implied
rights granted to YOU.
OWNERSHIP AND MODIFICATION
OF MATERIALS. YOU acknowledge that title, ownership and all intellectual
property rights in and to the MATERIALS and any copies of the MATERIALS
are owned by and remain with Powerex and its affiliated companies unless
otherwise specified. The MATERIALS may be changed, improved or updated
periodically at any time without notice. Powerex may also make improvements
and/or changes in the products referred to in the MATERIALS without notice.
In order to obtain the latest product information, data sheets, technical
information or further details about any of the MATERIALS in this Site,
YOU may contact the Webmaster.
PRODUCT INFORMATION. Products
are subject to availability. Please contact the Webmaster when considering
the use of a product described in the MATERIALS for special applications,
such as apparatus or systems for transportation, vehicular, medical, aerospace,
nuclear or undersea repeater use.
DISCLAIMERS AND EXCLUSIONS.
(A) DISCLAIMER OF WARRANTIES.
POWEREX AND ITS AFFILIATED COMPANIES MAKE NO REPRESENTATIONS AS TO THE
SUITABILITY OF THE PRODUCTS AND SERVICES DESCRIBED IN THE MATERIALS FOR
ANY PURPOSE WHATSOEVER. THE MATERIALS ARE PROVIDED "AS IS," WITH ALL FAULTS,
WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF INTELLECTUAL
PROPERTY. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(B) LIMITATION OF LIABILITY.
The MATERIALS in this Site may contain technical inaccuracies or typographical
errors. Powerex does not warrant the accuracy or completeness of the MATERIALS
or the reliability of any advice, opinion, statement or other information
displayed or distributed through this Site. YOU acknowledge that any reliance
on any such advice, opinion, statement or other information shall be at
your sole risk. Powerex and its affiliated companies assume no responsibility
for any damage, liability or other loss arising from your use of the MATERIALS
or any claim of infringement of any third-party's rights or a trade secret
violation that arise as a result of your use of the MATERIALS. IN NO EVENT
SHALL POWEREX OR ITS AFFILIATED COMPANIES BE LIABLE TO ANY PERSON OR ENTITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS
OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR INACCURACY
OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF
SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY MATTER BEYOND
ITS REASONABLE CONTROL), ARISING OUT OF OR IN CONNECTION WITH THE USE
OR INABILITY TO USE THE MATERIALS, WHETHER IN AN ACTION FOR BREACH OF
CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT, EVEN IF POWEREX OR ONE OF
ITS AFFILIATED COMPANIES WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion
or limitation for certain damages such as direct, incidental, special
or consequential damages, so the above limitations may not apply to YOU.
INFORMATION FROM THIRD PARTIES.
The MATERIALS may contain information provided by third parties and/or
links to Web sites operated by third parties. If YOU use such third party
sites, you will leave this Site and YOU do so at your own risk. Powerex
does not operate or control in any respect any third party information
or Web sites, and, therefore, makes no warranty or representation regarding,
and does not endorse, such information or linked Web sites or information
appearing thereon. Links should not be construed as Powerex’s sponsorship
or endorsement of any linked Web site or the information contained thereon
or that Powerex is affiliated or associated with, or is legally authorized
to use the trademark, trade name, logo or copyright symbol displayed in
such third party Web sites. All other brand and product names referenced
or included in the MATERIALS are trademarks or service marks of their
respective holders.
INFORMATION PROVIDED BY YOU.
Powerex does not want you to, and you should not, send any confidential
or proprietary information to Powerex via the Site. YOU agree that any
information or materials that YOU, directly or indirectly, provide to
Powerex via the Site will not be considered confidential or proprietary.
By providing information and/or materials to Powerex via the Site, YOU
grant to Powerex an unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, transmit and distribute such information
and material. YOU further agree that Powerex may use any ideas, concepts
or know-how that YOU or any one acting on your behalf provides to Powerex.
YOU further warrant and represent to Powerex that any information or materials
provided to Powerex by YOU shall not include any information or materials
that is defamatory, threatening, obscene, harassing or otherwise unlawful
or that incorporates the proprietary material of a third party.
JURISDICTION AND VENUE. This
Site is owned and operated by Powerex from its offices in Youngwood, Pennsylvania
of the United States of America. This Site shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania of the
United States of America and, as to matters affecting copyright, trademark
and patents, by United States federal law. This Site will not be governed
by the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded. In addition,
YOU agree that if any legal action is filed as a result of the use or
inability to use the MATERIALS contained in this Site, then such action
shall be filed in the Court of Common Pleas Westmoreland County in the
Commonwealth of Pennsylvania or in the United States District Court for
the Western District of Pennsylvania. By using this Site, YOU irrevocably
consent to the jurisdiction of those courts for all disputes arising out
of or relating to the use of the MATERIALS.
MODIFICATIONS. Powerex reserves
the right to change or revise these Terms of Use. Please check these Terms
of Use periodically for changes and modifications. Your continued use
of this Site following the posting of modifications to these Terms of
Use constitutes acceptance of these changes. Powerex may terminate, change,
suspend or discontinue any aspect of the Site, availability of the Site
or features of the Site at any time. Powerex may also impose restrictions
on features and services and may limit your access to the Site without
notice or liability.
EXPORT CONTROL LAWS. Powerex
makes no representation that the MATERIALS in this Site are appropriate
or available for use in the location in which YOU are situated. Accessing
the MATERIALS from territories where its contents are illegal is prohibited.
YOU agree that by accessing this Site, YOU do so on your own initiative
and YOU are responsible for compliance with the applicable local laws.
The products or technologies provided in the MATERIALS are subject to
the export laws and regulations of the United States and other countries.
Any diversion or re-export contrary to, or any violation of, applicable
export control laws and regulations is prohibited.
NO AGENCY OR PARTNERSHIP. YOU
agree and acknowledge that no joint venture, partnership, employment or
agency relationship exists between YOU and Powerex and any of its affiliated
companies as a result of YOU accessing and using the MATERIALS contained
in this Site. YOU acknowledge that YOU have no authority or power to bind
Powerex or its affiliated companies and YOU will not represent or hold
yourself out as having such authority or that YOU are a representative,
agent or employee of Powerex or any of its affiliated companies. In no
event shall Powerex or its affiliated companies be liable for any representation,
act or omission made by YOU.
TERMINATION. Powerex may terminate
your right to use the MATERIALS at any time for any reason without incurring
any liability to YOU whatsoever. Your right to use the MATERIALS shall
also terminate immediately if YOU breach any term of contained in these
Terms of Use. Upon termination, YOU shall immediately cease using any
of the MATERIALS and destroy all versions and copies of the MATERIALS
in your possession.
SEVERABILITY. If any provision
or portion of a provision of these Terms of Use is held to be invalid
or unenforceable for any reason, such invalidity shall not affect the
validity of the balance of that provision and/or remaining provisions
of these Terms of Use, which shall remain valid and enforceable.
ENTIRE AGREEMENT. These Terms
of Use constitutes the entire agreement between YOU and Powerex with respect
to this Site and supersedes all prior or contemporaneous communications
and proposals in any medium between YOU and Powerex.
MISCELLANEOUS. Any rights not
expressly granted in these Terms of Use are reserved by Powerex and its
affiliated companies.
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