TERMS AND CONDITIONS
This is a legal agreement (hereinafter “License Agreement”) between you, the end user, and Aerotech, Inc. (hereinafter “Aerotech”), which operates (hereinafter “the Aerotech Website”). The Aerotech Website is comprised of various Web pages operated by Aerotech. The Aerotech Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing, using, downloading, viewing, and/or installing any Website Content contained on the Aerotech Website or Website Services Offered on the Aerotech Website, you acknowledge that you have read this License Agreement in entirety, and that you understand it, and that you are consenting to the Terms and Conditions contained within this License Agreement. You also agree that no written or oral representation made by Aerotech and its distributors, agents, or employees shall increase the scope of the Limited Warranty and Limitations on Liability sections set forth below in this License Agreement.
If you do not agree with the terms and conditions of this non-exclusive, non-transferable License Agreement, do not access, use, download, save, view, or install any Website Content or Website Services.
If any provision of this License Agreement shall be deemed void, unenforceable, or unlawful, that provision shall be severable and shall in no way affect the validity or enforceability of the remaining provisions.
“Digital Information” means any data accessible from the Aerotech Website, which includes, but is not limited to, any text, tables, spreadsheets, graphs, documents, images or photos, or software contained in digital files.
“Website Content” means digital information that may be obtained by downloading, saving, or copying from the Aerotech Website which is then stored, installed, executed, used, viewed, edited, or manipulated by you, the end user.
“Website Services” means digital information made available to you, the end user, to download, save, or copy from the Aerotech Website.
Aerotech reserves the right to amend and modify these Terms and Conditions at any time with or without notice. Your continued access or use of the Website Content or Website Services signifies your acceptance of any new terms and conditions. If you object to any new term or condition: (a) discontinue access and use of all Website Content and Website Services; and (b) return all Website Content to Aerotech or destroy all Website Content in your possession or under your control.
You agree that the Website Content may include portions offered on terms and conditions in addition to those set out in this License Agreement, as set out in a license accompanying those portions. You also agree to use reasonable efforts to prevent unauthorized use, reproduction, distribution, or publication of any Website Content. Any unauthorized use, reproduction, distribution, or publication of the Website Content is prohibited and constitutes a violation of this License Agreement.
Unless otherwise agreed to in writing with Aerotech:
(a) you may not copy, modify, rent, sell, distribute, or transfer any part of the Website Content except as provided above;
(b) you may not reverse engineer, decompile, or disassemble any Website Content;
(c) you may not incorporate any Website Content or any portion of any Website Content into any other materials, products, or services, or use the Website Content for production purposes; and
(d) you may not remove, alter, or obscure any proprietary legend, patent, trademark, copyright notices contained in or on any Website Content.
In addition, as a condition of your use of the Aerotech Website, you warrant to Aerotech that you will not use the Aerotech Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Aerotech Website in any manner which could damage, disable, overburden, or impair the Aerotech Website or interfere with any other party's use and enjoyment of the Aerotech Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Aerotech Website.
IV. MATERIALS PROVIDED TO AEROTECH
Aerotech does not claim ownership of the materials you provide to Aerotech (including feedback and suggestions) or post, upload, input or submit to any Aerotech Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Aerotech, 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. Aerotech is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Aerotech’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.
You have no ownership rights in any Website Content. You have a license to use Website Content as long as this License Agreement remains in full force and effect. Aerotech retains all title to all copies of Website Content including all intellectual property rights. You are advised that all Website Content is subject to copyright protection by the laws of the United States and other countries, and international treaty provisions. Downloading, copying, and modifying copyrighted material without proper authorization can be a violation of these copyright laws. Aerotech may make changes at any time to the Website Content, Website Service, or to any items referenced therein without notice but is not obligated to support or update the Website Content or Website Services. Except as otherwise expressly provided, Aerotech grants no express or implied right under Aerotech patents, copyrights, trademarks, or other intellectual property rights. All rights not expressly granted by this License Agreement are reserved to Aerotech for its sole and complete use and ownership.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AEROTECH INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR BY ANY OTHER PERSON ACCESSING OR USING ANY WEBSITE CONTENT OR ANY ACTIVITY RELATED TO ANY WEBSITE SERVICES PROVIDED ON THE WEBSITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.
VII. LIMITED WARRANTY
DISCLAIMER REGARDING WEBSITE CONTENT AND WEBSITE SERVICES: EXCEPT AS PROVIDED IN THIS LICENSE AGREEMENT, IN NO EVENT SHALL AEROTECH BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO:
(a) WEBSITE CONTENT OR WEBSITE SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ERRORS OR OMISSIONS IN SUCH WEBSITE CONTENT OR WEBSITE SERVICES; OR
(b) LOSS OR DAMAGE INCURRED AS A RESULT OF ACCESS OR USE OF THE WEBSITE CONTENT OR WEBSITE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE CONTENT AND WEBSITE SERVICES ARE PROVIDED "AS IS" AND AEROTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BY WAY OF EXAMPLE AND NOT LIMITATIONS, AEROTECH DOES NOT WARRANT THAT:
(a) THE WEBSITE CONTENT OR WEBSITE SERVICES ARE OR WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(b) THE WEBSITE CONTENT OR WEBSITE SERVICES ARE OR WILL BE COMPLETE, ACCURATE; OR RELIABLE;
(c) THE WEBSITE CONTENT OR WEBSITE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(d) THE WEBSITE CONTENT OR WEBSITE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS.
THIS DISCLAIMER IS INTENDED BY THE PARTIES TO TAKE PRECEDENCE OVER ANY STATE UCC OR ANY SIMILAR IMPLIED WARRANTY PROVISION.
VIII. LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, AEROTECH WILL HAVE NO OBLIGATION OR LIABILITY TO YOU FOR THE WEBSITE CONTENT OR THE WEBSITE SERVICES (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, COPYRIGHT INFRINGEMENT OR OTHER ACTION UNDER LAW OR EQUITY) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE, OR PROFIT) ARISING WITH RESPECT TO YOUR USE OR ACCESS OF THE WEBSITE CONTENT OR WEBSITE SERVICES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM:
(a) USE OR INABILITY TO ACCESS OR USE THE WEBSITE CONTENT OR WEBSITE SERVICES;
(b) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES;
(d) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH OUR WEBSITE; OR
(e) ANY OTHER MATTER RELATING TO THE WEBSITE CONTENT OR WEBSITE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Aerotech may, in its sole discretion, terminate your use or access of the Website Content or Website Services, and remove and discard any Website Content or Website Services at any time, without notice, for any reason, including, but not limited to, conduct that violates these Terms and Conditions or other policies or guidelines set forth by Aerotech elsewhere within the Website Services or Website Content. In no event will Aerotech be liable to you or any third-party for any termination of your use or access to the Website Content or Website Services.
X. CHOICE OF LAW
Any dispute arising from or relating to this agreement will be governed by the law of the Commonwealth of Pennsylvania excluding its choice of law rules. The state and federal courts of Pennsylvania are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms and Conditions. Your consent to personal jurisdiction and venue to the state and federal courts of Pennsylvania is provided by your use or access of the Website Content or Website Services.
Aerotech understands and respects your desire for privacy. Aerotech will not release or disclose any information provided by you, including any personal, business, or demographic information unless required to do so by law or in the good faith belief that such release or disclosure is necessary: (a) to comply with legal process served on Aerotech; (b) to protect and defend the rights of Aerotech; or (c) to protect the personal safety of others.
Aerotech is a registered trademark of Aerotech. Other product names, service names, slogans, or logos appearing on the Aerotech Website are also subject to trademark or copyright protection. Aerotech reserves all such rights.