ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
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.
USE OF SITE AND SERVICES
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:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another's profile, password, Service, Materials or computer systems or networks connected to any Engineered Software, Inc. server or to the Site without authorization from Engineered Software, Inc., whether through hacking, password mining or any other means.
Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
Transmit unsolicited or bulk communications to any Engineered Software, Inc. profile holder or to any Eng-software.com or affiliated e-mail address.
Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
Create a false identity for the purpose of misleading others.
Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
Access or use the Site in any manner that could damage, disable, overburden or impair any Engineered Software, Inc. server or the network(s) connected to any Engineered Software, Inc. server.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of Engineered Software, Inc. or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any Engineered Software, Inc. domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Engineered Software, Inc.
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.
USE OF SOFTWARE
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.
ACCURACY OF INFORMATION
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:
The Engineered Software, Inc. Materials and User Content may be accessed and used solely for personal, informational, non-commercial and internal purposes.
The Engineered Software, Inc. Materials and User Content may not be modified or altered in any way.
The Engineered Software, Inc. Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
You may not remove any copyright or other proprietary notices contained in the Engineered Software, Inc. Materials and User Content.
You may not copy or distribute any graphics in the Engineered Software, Inc. Materials or User Content apart from their accompanying text.
You will not quote or display Engineered Software, Inc. Materials or User Content, or any portions thereof, out of context.
Engineered Software, Inc. reserves the right to revoke the authorization to view, download and print the Engineered Software, Inc. Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Engineered Software, Inc.
The rights granted to you constitute a license and not a transfer of title.
Engineered Software, Inc. Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
Any Engineered Software, Inc. Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
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.
USE OF SHARED CONTENT
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.
ENGINEERED SOFTWARE, INC.S RIGHTS TO SUBMITTED USER MATERIALS
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.
RESTRICTION AND TERMINATION OF USE
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.
LINKS TO THIRD PARTY SITES
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.
WARRANTIES AND DISCLAIMERS
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.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
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.
COPYRIGHT INFRINGEMENT COMPLAINT POLICY
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:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled
A description of where the content that you claim is infringing is located on the Engineered Software, Inc. Web site
Information sufficient to permit Engineered Software, Inc. to contact you, such as your physical address, telephone number, and e-mail address
A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
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:
Engineered Software Office / Designated Agent Copyright Infringement Claims
Engineered Software, Inc.
4529 Intelco Loop SE
Lacey, WA 98503
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.
UNSOLICITED IDEA SUBMISSION POLICY
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).
SPAM E-MAIL AND POSTINGS
ADVERTISEMENTS AND PROMOTIONS
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.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
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.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
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.