Privacy Policy
(Includes ALL Engineered Software Websites)
Below you will find the Privacy
Policy for Engineered Software, Inc.s Website, PUMP-FLO.com
Website, various private ePUMP-FLO Websites, Flow of Fluids
Website, and the Fluid Fundamentals Training Website effective July
15, 2010. For answers to some frequently asked questions about this
update, please visit our Privacy FAQ.
We understand that sending your personal information online
involves a great deal of trust on your part. We take this trust
very seriously, and make it our highest priority to ensure the
security and confidentiality of the personal information you
provide to us. Your personal data is not sold or provided to any
third party not specifically called out in this Privacy Statement.
Please read the following policy to learn about our privacy
practices. By visiting our websites: www.eng-software.com, www.pump-flo.com, www.flowoffluids.com, and
www.fluidfundamentals.com
you are accepting the practices described herein.
What information
we collect from you
In General. We receive
and store any information you enter on our Web site or give us in
any other way. This includes information that can identify you
("personal information"), including your first and last name,
telephone number, postal and e-mail addresses. We also may request
information about your industry in which you are employed. You can
choose not to provide information to us, but in general some
information about you is required in order for you to register as a
member; purchase products or services; complete an ESI profile;
participate in a survey; download pump catalogs or software demos;
utilize pump selection services; ask us a question; or initiate
other transactions on our site.
Automatic Information.
We automatically collect some information about your computer when
you visit one of our Websites. For example, like many Websites, we
will collect your IP address, Web browser software (such as
Netscape Navigator or Internet Explorer), and referring Web site.
We also may collect information about your online activity, such as
documents viewed or downloaded from our site. One of our goals in
collecting this automatic information is to help customize your
user experience.
Cookies and Other Web
Technologies. When you visit one of our Websites, we may
assign your computer a "cookie" (a small, unique identifier text
file). For example, whenever you sign in to your ESI Profile, we
record your member ID and the name on your member account in the
cookie file on your computer. We also may record your password in
this cookie file, if you checked the box entitled "Save this
password for automatic sign-in." Note that member IDs, passwords,
and any other account-related data included in such cookies are
encrypted for security purposes. You can always choose not to
receive a cookie file by enabling your Web browser to refuse
cookies or to prompt you before accepting a cookie. Please note
that if you refuse to accept cookies from one of our Websites, you
may not be able to access many of the online tools, including
Knowledge Base articles, offered by Engineered Software, Inc.
How we use your
information
Engineered Software, Inc. uses
private mailing and personal information (such as name, address,
and phone number) for general purposes such as: providing you with
the products and services you request; providing you with updates;
managing your account, including providing account notifications;
communicating with you in general; responding to your questions and
comments; measuring interest in and improving our products,
services, and Website; notifying you about technical issues and
products or services that may be of interest to you; customizing
your experience otherwise, with Engineered Software, Inc.;
soliciting information from you, including through surveys;
resolving disputes, or troubleshoot problems; preventing
potentially prohibited or illegal activities; enforcing our Terms of Use; and as otherwise described to
you at the point of collection.
Please review "Your choices with respect to the collection and
use of your information" below.
With whom we share
your information
Engineered Software, Inc. may share
your information with the following entities:
- Pump Manufacturers Engineered
Software shares your Personal Information with Pump Manufacturers
as follows:
- When you download a specific Electronic Pump Catalog, you are
requesting pump performance data owned and supplied by the pump
manufacturer. As part of our agreement with each of the pump
manufacturers, they receive your contact information when you
download their Electronic Pump Catalog. Please refer to each
specific manufacturers Website regarding their privacy policy prior
to downloading a manufacturers catalog.
- When you initiate selection of a particular pump from a
manufacturer's or distributor's catalog using the PUMP-FLO online
pump selector, the pump or part you selected is noted in a secure
database. As part of our agreement with each of the pump
manufacturers and distributors, the manufacturer or distributor of
that pump is given access to your Personal Information via the
database. The manufacturer or distributor may then contact
you to follow up on your interest in the pump, and may contact you
with other marketing or promotional materials.
- After you have completed the pump selection process using the
PUMP-FLO online pump selector, you may choose to submit a RFQ to
the manufacturers of the pumps that you have selected. If you
submit a RFQ, an email is sent to the manufacturers of the pumps
that you have selected notifying them that a RFQ has been submitted
and providing them your Personal Information and the details of the
particular pump you have selected. The manufacturers may then
contact you directly with their quotations. Third-party
vendors who provide services or functions on our
behalf, including credit card processing, business analytics,
customer service, marketing, or distribution of surveys, and fraud
prevention. These companies have access to personal information
needed to perform their functions but are not permitted to share or
use the information for any other purpose.
- Business partners with whom we may
jointly offer products or services. You can tell when a third party
is involved in a product or service you have requested because
their name will appear with ours. If you choose to access these
optional services, we may share information about you, including
your personal information, with those partners. Please note that we
do not control the privacy practices of these third-party business
partners and recommend you evaluate their practices before deciding
to provide your personal information.
- Companies within the Engineered Software, Inc
family. Sharing this information with our corporate
affiliates, including PUMP-FLO Solutions, Flow of Fluids and Fluid
Fundamentals, enables us to provide you with information about
products and services, both software-related and other, which might
interest you. To the extent that our corporate affiliates have
access to your information, they will follow practices that are at
least as restrictive as the practices described in this Privacy
Policy. They also will comply with applicable laws governing the
transmission of promotional communications and, at a minimum, give
you an opportunity in any commercial e-mail they send to choose not
to receive such e-mail messages in the future.
- Aggregate Data Engineered Software,
Inc. reserves the right to freely use and distribute all data and
statistics that are not Personal Information (e.g., a statistic
reporting that 45% of our users are small businesses) collected
from you at this Site.
We also may share your
information:
- In response to subpoenas, court orders, or other legal process;
to establish or exercise our legal rights; to defend against legal
claims; or as otherwise required by law. In such cases we reserve
the right to raise or waive any legal objection or right available
to us.
- When we believe it is appropriate to investigate, prevent, or
take action regarding illegal or suspected illegal activities; to
protect and defend the rights, property, or safety of Engineered
Software, Inc., our customers, or others; and in connection with
our Terms of Service and other agreements.
- In connection with a corporate transaction, such as a
divestiture, merger, consolidation, or asset sale, or in the
unlikely event of bankruptcy.
Other than as set out above, you
will be notified when personal information about you will be shared
with third parties, and you will have an opportunity to choose not
to have us share such information.
Your choices with
respect to collection and use of your information
- As discussed above, you can choose not to provide us with any
information, although it may be needed to receive newsletters,
updates, products, technical issues or to take advantage of certain
features offered on our Websites. You also can add or update
your information by accessing "My Profile" and close your account
through contacting the webmaster.
- When you register as a member on our Web sites, you will be
given a choice as to whether you want to receive a periodic
newsletter and e-mail messages from us about updates, products,
technical issues, or training opportunities. You can modify your
Newsletter / Email preference at any time by adjusting the settings
on your "My Profile" page. You also will be given the opportunity
to unsubscribe from commercial messages in any such e-mail we send.
Please note that we reserve the right to send you other
communications, including service announcements, administrative
messages, and surveys relating to your ESI / PUMP-FLO Profile
account without offering you the opportunity to opt out of
receiving them.
- The Help portion of the toolbar on most browsers will tell you
how to prevent your browser from accepting new cookies, how to have
the browser notify you when you receive a new cookie, or how to
disable cookies altogether. Please note that if you refuse to
accept cookies from our Websites, you will not be able to access
portions of that site.
How we protect
your information
We want you to feel confident about
using Engineered Software, Inc.s Web site and affiliate Web sites,
so we are committed to protecting the information we collect. While
no Web site can guarantee security, we have implemented appropriate
administrative, technical, and physical security procedures to help
protect the personal information you provide to us. For example,
only authorized employees are permitted to access personal
information, and they only may do so for permitted business
functions. In addition, we use encryption when transmitting your
sensitive personal information between your system and ours, and we
employ firewalls and intrusion detection systems to help prevent
unauthorized persons from gaining access to your information.
Children's
Privacy
Engineered Software, Inc. does not
sell software or other services for purchase by children. Should a
child whom we know to be under 18 send personal information to us,
we will use that information only to respond directly to that child
to inform him or her that we must have parental consent before
receiving his or her personal information.
External
Links
If any part of the Engineered
Software, Inc.s Web site, links you to other Web sites, those Web
sites do not operate under this Privacy Policy. We recommend you
examine the privacy statements posted on those other Web sites to
understand their procedures for collecting, using, and disclosing
personal information.
Terms of Use
If you choose to visit one of our
Websites, your visit and any dispute over privacy is subject to
this Notice and our Terms of Use including limitations on damages,
resolution of disputes, and application of the law of the state of
Washington. If you have any concern about privacy at one our
websites, please contact us with a thorough description, and
we will try to resolve it.
Terms of
Use
Changes to
this Privacy Policy
Engineered Software, Inc. may
update this Privacy Policy in the future. We will notify you about
material changes to this Privacy Policy by sending a notice to the
e-mail address you provided to us or by placing a prominent notice
on our Web site.
How you can contact
us
If you have questions about our
Privacy Policy, please e-mail us using our support and feedback
form.
This Privacy Policy is effective as
of July 15, 2010.
Terms of Use (For
ALL Engineered Software Websites)
Please read the Terms of
Use carefully before accessing or using this Site.
ACCEPTANCE OF
TERMS
By accessing or using this Site of
the affiliated Sites (Engineered Software, Inc.s Website,
PUMP-FLO.com Website, various private ePUMP-FLO Websites, Flow of
Fluids Website, and the Fluid Fundamentals Training Website ), in
any way, including using any Services, downloading Materials or
merely browsing the Site (capitalized terms defined below), you
agree to and are bound by the terms and conditions set forth in
this document and in any changes thereto that Engineered Software,
Inc. may publish from time to time (collectively, the "Terms of
Use"). If you do not agree to all of the terms and conditions
contained in the Terms of Use, do not access or use this Site.
MODIFICATIONS TO THE TERMS
OF USE
Engineered Software, Inc. may
change the Terms of Use and other guidelines and rules posted on
the Site from time to time at its sole discretion. Your continued
access or use of the Site, or any Materials or Services,
constitutes your acceptance of the changes. Each time you access
and use the Site, Materials and Services, you will be subject to
the most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. Please regularly check
the "Terms of Use" link on the home page of Eng-software.com to
view the then-current terms. If you breach any of the Terms of Use,
your authorization to access or use this Site, Services and
Materials automatically terminates, and any Materials downloaded or
printed from the Site in violation of the Terms of Use must be
immediately destroyed.
THE SITE
Engineered Software Incorporated,
its affiliates and agents ("PUMP-FLO.com, PUMP-FLO Solutions,
Flowoffluids.com, and FluidFundamentals.com") make this Web site
and all other websites of Engineered Software, Inc. with links to
the Terms of Use (collectively, the "Site"), and the Materials and
Services, available for your access and use subject to the Terms of
Use. "Materials" means all information, data, documents (e.g. white
papers, press releases, datasheets, Knowledge Base articles, etc.),
communications, downloads, files, text, images, photographs,
graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or
enabled via the Site by Engineered Software, Inc. or users of this
Site. "Services" means all services and resources offered or
enabled via the Site by Engineered Software, Inc. and users of this
Site, including download areas, developer tools services, product
and other information services and communications services such as
bulletin boards, calendars, chat areas, communities, e-mail, forums
(including lab and user to user forums), newsgroups, personal web
pages, photo albums and other message or communication facilities
designed to enable you to communicate with others (collectively,
"Communications Venues"). All Materials provided by Engineered
Software, Inc. are referred to collectively as "Engineered
Software, Inc. Materials." All user-supplied Materials are referred
to collectively as "User Materials." Certain Services may involve
collaboration and file-sharing services among a specified group.
Materials posted by users in such group in conjunction with such
collaboration and file-sharing Services are referred to
collectively as "Shared Content." The group of persons among which
such collaboration and file sharing involving Shared Content takes
place is referred to herein as the "Work Group." All User Materials
that are not Shared Content shall be referred to herein as "User
Content." Engineered Software, Inc. Materials and User Materials
may have different restrictions and conditions associated with them
under the Terms of Use and other guidelines and rules posted via
the Site.
INTELLECTUAL PROPERTY;
LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and Services, as well
as their selection and arrangement, are protected by copyrights,
trademarks, patents, trade secrets and all other intellectual
property and proprietary rights (collectively, "Intellectual
Property Rights"), and any unauthorized use of the Materials or
Services may violate such laws and the Terms of Use. Except as
expressly provided herein, Engineered Software, Inc. and its
suppliers do not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame,
download, transmit, modify, adapt, create derivative works based
on, rent, lease, loan, sell, assign, distribute, display, perform,
license, sublicense or reverse engineer the Site, Materials or
Services, any portions of the Site, Materials or Services or the
selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not
to use any data mining, robots or similar data gathering and
extraction methods in connection with the Site, Services or
Materials.
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.
- Violate any applicable laws or regulations related to the
access to or use of the Site, or engage in any activity prohibited
by the Terms of Use.
- 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.
When using Services or Materials,
you will be subject to any posted guidelines, rules or licenses
applicable to such Services or Materials, in addition to the Terms
of Use. Materials and Services provided by third parties
(collectively, the "Third-Party Services") are governed by separate
agreements accompanying such Materials and Services. Engineered
Software, Inc. offers no guarantees and assumes no responsibility
or liability of any type with respect to the Third-Party Services,
including any liability resulting from incompatibility between a
Third-Party Service, Engineered Software, Inc. Materials,
Engineered Software, Inc. provided Services or another Third-Party
Service. You agree that you will not hold Engineered Software, Inc.
responsible or liable with respect to the Third-Party Services.
Certain Services and Materials will
only be made available to users who have paid Engineered Software,
Inc. a fee for such Services and Materials. Such users may
additionally be required to enter into a subscription agreement or
other use agreement for that particular Service or Material. In
addition to these Terms of Use, users of any Services that include
Communications Venues may be required, in Engineered Software,
Inc.s sole discretion, to agree to a separate legal agreement on
the Site or otherwise. Your access to such Communications Venues
will be denied for violation of either the Terms of Use or the
applicable agreement.
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
Materials encompassing any software
code, including programs, tools, utilities, files and otherwise,
and accompanying documentation that are made accessible via the
Site (collectively, "Software") are the copyrighted and patented
work of Engineered Software, Inc. or its suppliers. Use of such
Software is governed by the terms of the license agreement that
accompanies or is included with the Software, or by the license
agreement expressly stated on the Site page(s) accompanying the
Software. Some license terms are available for review at and are
incorporated herein by this reference. However, other terms and
licenses may only be posted with the Software downloads or at the
Site page where the Software can be accessed. You will not be able
to use, download or install any Software that is accompanied by or
includes a license agreement unless you agree to the terms of such
license agreement. Absent a license agreement that accompanies the
Software, use of the Software will be governed by the Terms of Use.
You agree that you will not decompile, reverse engineer or
otherwise attempt to discover the source code of the Software. The
Software is made available solely in accordance with the license
agreement. Without limiting the foregoing, unless the accompanying
license agreement expressly allows otherwise, any copying or
redistribution of the Software is prohibited, including any copying
or reproduction of the Software to any other server or location for
further reproduction, redistribution or use on a service bureau
basis. Any unauthorized use, copying or distribution of the
Software is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
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.
- Any Engineered Software, Inc. Materials or User Content
acquired upon your execution of a required separate agreement shall
be provided with the additional rights and obligations set forth in
that agreement, and your rights to such Engineered Software, Inc.
Materials or User Content shall immediately terminate if you fail
to meet your obligations under or otherwise comply with such
agreement or the terms and conditions of the Terms of Use.
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
Members of a Work Group may use the
Shared Content available to such Work Group in any manner that has
been agreed upon by the user providing such Shared Content. It is
your sole responsibility to discuss with others in your Work Group
and determine what limitations, if any, are placed on your use of
the Shared Content distributed within your Work Group. If you
obtain access to materials created or used by others outside of
your Work Group, you have no right to use such materials in any
way. You also acknowledge and agree that Engineered Software, Inc.
has no liability of any kind should members of your Work Group
modify, destroy, corrupt, copy or distribute your Shared Content,
or violate the Terms of Use or other limitations that you may
impose on the use of your Shared Content.
SUBMITTED
MATERIALS
All of your User Materials that you
post on or otherwise submit via the Site and Services shall not be
confidential information or trade secrets owned by you or any other
party. You will receive no compensation for any use of your User
Materials. Engineered Software, Inc. may, but is not required to,
post or use any of your User Materials that you may post or
otherwise submit. Engineered Software, Inc. does not pre-screen
User Materials that users provide or otherwise submit via the Site
or Services; however, Engineered Software, Inc. may remove any
posted or submitted User Materials from the Site or any Service for
any reason without notice in its sole discretion. By posting or
submitting your User Materials, you represent and warrant that you
own or otherwise control all of the Intellectual Property Rights
and other rights to your User Materials as described in these Terms
of Use, including all the rights necessary for you to post or
submit your User Materials.
In addition, by posting or
otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise
graphical in whole or in part ("Images"), you represent and warrant
that: (a) you own the copyright in such Images, or that you have
obtained all necessary license(s) from the copyright owner(s) of
such Images to use such Images, or portions thereof, in keeping
with your use in connection with the Site, the Services and as
otherwise permitted by these Terms of Use; (b) you have the rights
necessary to grant the licenses and sublicenses described in these
Terms of Use; and (c) you have received consent from any and all
persons depicted in such Images to use the Images as set forth in
these Terms of Use, including the distribution, public display,
public performance and reproduction of such Images. By posting or
otherwise submitting Images, you grant to Engineered Software, Inc.
and all other users of this Site permission to use your Images in
connection with their use permitted by these Terms of Use
(including making prints and gift items incorporating such Images),
including an unrestricted, irrevocable, non-exclusive, worldwide,
royalty-free and fully paid up license under all Intellectual
Property Rights to copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate, transmit and
reformat your Images, 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. You will receive no compensation with respect to the
use of your Images.
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
THE SITE, SERVICES AND MATERIALS,
ARE PROVIDED BY ENGINEERED SOFTWARE, INC. UNDER THESE TERMS OF USE
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,
ENGINEERED SOFTWARE, INC. MAKES NO WARRANTY THAT (i) THE SITE,
SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE,
SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF
THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR
RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v)
ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE
CORRECTED.
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.
THE USE OF THE SITE, SERVICES OR
THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR
OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ENGINEERED SOFTWARE,
INC. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR
SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR
IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ENGINEERED SOFTWARE, INC. OR VIA THE SITE, SERVICES OR MATERIALS
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
ENGINEERED SOFTWARE, INC. WILL NOT BE LIABLE FOR ANY LOSS THAT YOU
MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR
PROFILE WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS,
EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
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.
INTERNATIONAL USERS
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
Engineered Software, Inc. will use
and protect your data, such as your name and address, in accordance
with the Engineered Software, Inc. Online
Privacy Policy, the contents of which are incorporated by
reference into the Terms of Use. Please be aware that your browser
must be enabled to accept cookies in order for you to use certain
Materials and Services.
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:
By mail:
Natalie McCullough/Designated Agent Copyright Infringement
Claims
Engineered Software, Inc.
4529 Intelco Loop SE
Lacey, WA 98503
By telephone:
(360) 292-4073
By fax:
(360) 412-0702
By e-mail:
marketing@eng-software.com
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
In the event of your or others
access to or use of the Site, Services or Materials in connection
with the transmission of spam newsgroup postings or unsolicited
e-mail in violation of these Terms of Use, you acknowledge and
agree that Engineered Software, Inc. would be irreparably harmed
there under and that monetary damages would be an insufficient and
ineffective remedy; therefore you agree that Engineered Software,
Inc. is entitled to obtain immediate injunctive relief against any
such transmission (in addition to all other remedies available at
law or in equity). Engineered Software, Inc. may without
restriction block, filter or delete unsolicited e-mail.
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.
All Engineered Software, Inc.
Software, products and publications are commercial in nature. The
Software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. 2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. 12.212 or 48
C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or
48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as
Commercial Items and (B) with only those rights as are granted to
all other users pursuant to the Terms of Use and the applicable
license agreement.
INDEMNITY AND
LIABILITY
You agree to indemnify and hold
Engineered Software, Inc. and its officers, co-branders, other
partners and employees harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of: (a) your User Materials and any other content (e.g.
computer viruses) that you may submit, post to or transmit through
the Site (including a third party's use of such User Materials or
content (e.g. reliance on the accuracy, completeness or usefulness
of your User Materials)); (b) your access to or use of the Site,
Services or Materials (including any use by your employees,
contractors or agents and all uses of your account numbers, user
names and passwords, whether or not actually or expressly
authorized by you, in connection with the Site or any Services or
Materials); (c) your connection to the Site, Services or Materials;
(d) your violation of the Terms of Use; (e) the actions of any
member of your Work Group; (f) your infringement of any third
party's Intellectual Property Rights when using any of the Software
made available on the Site, Services or in any Materials; (g) your
violation of any rights of any third party; (h) your access to or
use of Linked Sites and your connections thereto; or (i) any
dealings between you and any third parties advertising or promoting
via the Site, Services or Materials.
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.
LANGUAGE
It is the express wish of the
parties that the Terms of Use and all related documents have been
drawn up in English.
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.
GENERAL
The Terms of Use and other rules,
guidelines, licenses and disclaimers posted via the Site or in
connection with the Materials and Services constitute the entire
agreement between Engineered Software, Inc. and you with respect to
your access to or use of the Site, Materials and Services
superseding any prior agreements between you and Engineered
Software, Inc. on such subject matter (including any prior versions
of the Terms of Use). Notwithstanding the foregoing, to the extent
that any terms set forth in the Terms of Use expressly contradict
any terms of a written agreement between you and Engineered
Software, Inc. regarding the use of specific Services or Materials
(including Service-specific terms of use and Software-specific
licenses) ("Executed Agreement"), such contradictory terms set
forth in the Executed Agreement shall govern. You may also be
subject to additional terms and conditions that may apply when you
use other Engineered Software, Inc. services, third party content
or third party software. You may not assign or otherwise transfer
the Terms of Use nor any right granted hereunder without Engineered
Software, Inc.s prior written consent. If for any reason a court of
competent jurisdiction finds any provision of the Terms of Use, or
portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and
effect. Any failure by Engineered Software, Inc. to enforce or
exercise any provision of the Terms of Use or related right shall
not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and
carry with them no legal or contractual effect.