Documents. Any Documents on the plixer Web Site (e.g., white papers, press releases, data sheets, product descriptions and FAQs), are the copyrighted work of plixer International, Inc. and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. Plixer International, Inc. grants you permission to copy and use such Documents so long as each copy (a) is solely for informational, non-commercial use in support of plixer Products, (b) is not modified or revised in any manner, and (c) displays all copyright and other proprietary notices, in the same form and manner as on the original. However, this permission does not extend to (1) the design or layout of this web site, or (2) any materials (e.g., our software or any developer kits) which are governed by license terms separate from these Terms and Conditions.
Licensed Materials. Any licensed materials (e.g., our software or our developer kits) which you download from the plixer Web Site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.
U.S. Government Restricted Rights. All materials and software downloaded from this Web Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of plixer International' proprietary rights in such materials.
All Rights Reserved. Except as expressly granted in this Copyright Notice or the Terms and Conditions for the plixer Web Site (or to you specifically in writing), plixer International, Inc. and its resellers, providers, and distributors do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Terms and Conditions. Use of the plixer Web Site is subject to certain Terms and Conditions. Please read them carefully before using the Site. Your use of the Site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the plixer Web Site.
Copyright Notices. Copyright © 1999-2012, plixer International, Inc. All rights reserved. Plixer, Scrutinizer are trademarks of plixer International, Inc. Other products or company names are or may be trademarks or registered trademarks and are the property of their respective holders.
Terms and Conditions
The following Terms and Conditions govern your use of the plixer web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the plixer web site.
Confidentiality. Those areas of the plixer web site which you access by using a password or other security device contain proprietary and confidential information of plixer and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("plixer Confidential Information"). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by plixer. You also agree to be careful with this plixer Confidential Information and to only disclose it to your employees with a "need to know" who agree not to disclose the information or use the information for any unauthorized purpose.
Transmissions to plixer and Links to Other Web Sites. You agree not to send to plixer any information that you consider confidential or proprietary. Any material (including information, ideas, and feedback) you transmit to or post on the plixer web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by plixer for any purpose whatsoever without compensation to you and without obtaining your prior permission. Notwithstanding the foregoing, all personal data provided to plixer will be handled in accordance with plixer's Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
plixer may, but is not obligated to, monitor or review materials provided by third parties on plixer's web site. Plixer makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. Plixer expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by third parties which are provided as a convenience to plixer users. These linked sites are not under the control of plixer and plixer is not responsible for any material on such sites. Plixer does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.
Documents. Any Documents on the plixer web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of plixer and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. Plixer grants you permission to copy and use such Documents so long as each copy (a) is solely for informational, non-commercial use in support of plixer products, (b) is not modified or revised in any manner, and (c) displays all copyright and other proprietary notices, in the same form and manner as on the original. Documents do not include (1) the design or layout of this web site, or (2) any materials (e.g., our software or any development kit) which are governed by license terms separate from these Terms and Conditions.
Licensed Materials. Any licensed materials (e.g., our software or development kit) which can be downloaded from the plixer web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.
Trademarks. plixer's trademarks may be used only with written permission from plixer and proper acknowledgement. For a partial list of plixer's trademarks and service marks, as well as trademarks licensed to plixer by third parties, refer to plixer's List of Trademarks. All other trademarks, brands, and names are the property of their respective owners.
All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), plixer and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND PLIXER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.
Although plixer has attempted to provide accurate information on this web site as a service to its users, plixer assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Plixer may change the programs or products mentioned at any time without notice. Mention of non-plixer products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. In particular, plixer may from time to time advertise or market modules and accessories manufactured by other companies for use with plixer products ("Third Party Products"), either on plixer's site or through links to third party and/or co-branded sites. In doing so, plixer is not endorsing or making any representations concerning such Third Party Products, and each manufacturer is solely responsible for the quality, performance, functionality and rights to produce and distribute its products. Plixer makes no representation that third party products, either alone or in combination with other products, services, processes, or International, do not infringe any patents or other intellectual property rights that may be held by others. Each manufacturer, as well as each user, is solely responsible for ensuring that the systems and processes that it makes, uses, and sells do not infringe the rights of others. Because international information may be provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, PLIXER EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS WEB SITE AND THE MATERIALS AND PRODUCTS ACCESSIBLE ON OR FROM THE SITE, EVEN IF PLIXER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
Applicable Laws. Export of any material from the plixer web site (including any plixer Confidential Information) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of plixer's proprietary rights in such materials. Any claims relating to the materials or the web site will be governed by Maine law.
Revisions to Terms and Conditions. plixer may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If plixer makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this web site, you will comply immediately with this request and will confirm in writing to plixer within ten (10) days that you have done so.
Terms and Conditions of Sale. PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN PLIXER AND YOU (THE "CUSTOMER") FOR THE SALE OF PRODUCTS BY PLIXER TO YOU. BY ACCEPTING DELIVERY OF PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Taxes; Shipping Charges. Customer is responsible for all shipping and handling charges and all applicable taxes which may be levied on the sale, license, or use of plixer products, including without limitation duties, customs, GST, and withholding taxes. Customer will reimburse plixer for any such charges or taxes.
Orders; Payment; No Resale. Orders are subject to acceptance by plixer. Payment must be received by plixer prior to plixer's acceptance of an order and must be made by credit card or other prearranged payment method. Customer shall pay interest on all past-due sums at the highest rate allowed by law. Customer shall not resell any plixer products.
Title; Risk of Loss. Title to hardware, and risk of loss or damage thereto, shall pass to Customer upon shipment from plixer's facility. Plixer licenses its software and documentation for use by Customers under the terms and conditions of license agreements provided with the software and documentation. Title to software and documentation is retained by plixer and its suppliers. Customer agrees not to remove or destroy any copyright notices, trademarks or other proprietary markings on plixer products.
Limited Warranties; Limited Liability. THE LIMITED WARRANTIES AND LIMITED LIABILITY APPLICABLE TO PLIXER PRODUCTS ARE AVAILABLE IN OUR EVALUATION SOFTWARE, SHIPPED WITH THE PRODUCT, AND AVAILABLE UPON REQUEST.
Governing Law. This contract shall be governed by the laws of Maine (except as pertaining to conflicts of law), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in York County, Maine, for all claims arising out of or relating to this contract.
General Legal Provisions. Customer shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between plixer and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control.