AGREEMENT BETWEEN USER AND
appliedmicrosystems.comThe appliedmicrosystems.com Web Site is
comprised of various Web pages operated by appliedmicrosystems.com.
The
appliedmicrosystems.com Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the appliedmicrosystems.com Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF
USEappliedmicrosystems.com reserves the right to change the
terms, conditions, and notices under which the appliedmicrosystems.com Web Site
is offered, including but not limited to the charges associated with the use of
the appliedmicrosystems.com Web Site.
LINKS TO THIRD
PARTY SITESThe appliedmicrosystems.com Web Site may contain links
to other Web Sites ("Linked Sites"). The Linked Sites are not under the control
of appliedmicrosystems.com and appliedmicrosystems.com is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site.
appliedmicrosystems.com is not responsible for webcasting or any other form of
transmission received from any Linked Site. appliedmicrosystems.com is providing
these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by appliedmicrosystems.com of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED
USEAs a condition of your use of the appliedmicrosystems.com Web
Site, you warrant to appliedmicrosystems.com that you will not use the
appliedmicrosystems.com Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
appliedmicrosystems.com Web Site in any manner which could damage, disable,
overburden, or impair the appliedmicrosystems.com Web Site or interfere with any
other party's use and enjoyment of the appliedmicrosystems.com Web Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the
appliedmicrosystems.com Web Sites.
USE OF
COMMUNICATION SERVICESThe appliedmicrosystems.com Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- 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, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
- 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 using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
appliedmicrosystems.com has no obligation to monitor the Communication
Services. However, appliedmicrosystems.com reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. appliedmicrosystems.com reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
appliedmicrosystems.com reserves the right at
all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
appliedmicrosystems.com's sole discretion.
Always use caution when giving
out any personally identifying information about yourself or your children in
any Communication Service. appliedmicrosystems.com does not control or endorse
the content, messages or information found in any Communication Service and,
therefore, appliedmicrosystems.com specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized appliedmicrosystems.com spokespersons, and their views do not
necessarily reflect those of appliedmicrosystems.com.
Materials uploaded
to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS
PROVIDED TO appliedmicrosystems.com OR POSTED AT ANY appliedmicrosystems.com WEB
SITEappliedmicrosystems.com does not claim ownership of the
materials you provide to appliedmicrosystems.com (including feedback and
suggestions) or post, upload, input or submit to any appliedmicrosystems.com Web
Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting appliedmicrosystems.com, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. appliedmicrosystems.com is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in appliedmicrosystems.com's sole discretion.
By
posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMERTHE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE appliedmicrosystems.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
appliedmicrosystems.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE appliedmicrosystems.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE appliedmicrosystems.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
appliedmicrosystems.com AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE appliedmicrosystems.com WEB SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. appliedmicrosystems.com AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL appliedmicrosystems.com AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE appliedmicrosystems.com WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE appliedmicrosystems.com WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE appliedmicrosystems.com WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE appliedmicrosystems.com WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF appliedmicrosystems.com OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE appliedmicrosystems.com WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
appliedmicrosystems.com WEB SITE.
SERVICE CONTACT :
info@sageinternet.com
TERMINATION/ACCESS
RESTRICTIONappliedmicrosystems.com reserves the right, in its
sole discretion, to terminate your access to the appliedmicrosystems.com Web
Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the
appliedmicrosystems.com Web Site. Use of the appliedmicrosystems.com Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and appliedmicrosystems.com as a result of this agreement or
use of the appliedmicrosystems.com Web Site. appliedmicrosystems.com's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
appliedmicrosystems.com's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
appliedmicrosystems.com Web Site or information provided to or gathered by
appliedmicrosystems.com with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and appliedmicrosystems.com
with respect to the appliedmicrosystems.com Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and appliedmicrosystems.com with respect to the
appliedmicrosystems.com Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK
NOTICES:All contents of the appliedmicrosystems.com Web Site are:
Copyright 2008 by Applied Microsystems and/or its suppliers. All rights
reserved.
TRADEMARKSThe names of
actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.