Terms of Use

CONDITIONS OF USE AND TERMS OF SERVICE :

COPYRIGHT

Copyright © 2008-2011 Metron Instruments Incorporated. All rights reserved. The content of this web site may not be copied, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of Metron Instruments Incorporated (“Metron”). Copyright infringement is a violation of federal law subject to criminal and civil penalties.

LIMITATION OF WARRANTY 

The data and information contained in this web site are believed to be accurate, BUT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall Metron be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of this site except as otherwise limited by applicable law. Metron recommends only those applications for its products that are specified in its catalogues or other company literature, and hereby disclaims any liability for uses other than those specified. The products are warranted, if at all, only according to their terms and conditions of sale.

LINKS TO THIRD PARTY SITES

Any links provided herein may allow the user to leave this site. The linked sites may not be under the control of Metron, and Metron shall not be responsible for the content of any linked site or link contained in a linked site. Metron may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by Metron of that site

USER ACCESS 

Metron may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw, or delete this site and/or any of these conditions of use in whole or in part.

TRADEMARK 

“Metron,” “Metron Instruments,” “On-Line,” “On-Line Instrumentation,”, “York Dairy Analyzer”, “Calais Milk Analyzer”, and/or other Metron names or products referenced herein are either trademarks or registered trademarks of Metron Instruments Inc. Other product or company names mentioned herein may be the trademark of their respective owners.

SOFTWARE 

Any software (“Software”) that may be made available to download from the server of this Site may be the copyrighted work of Metron and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, METRON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LICENSE TO METRON 

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Metron and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.

DISCLAIMER 

METRON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT METRON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL METRON, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING METRON SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE METRON SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

BULLETIN BOARDS 

This service may include bulletin boards and chat rooms (“bulletin boards”) which allow feedback to Metron and real-time interaction between users. Metron does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this site that you do not:

1. Restrict or inhibit any other user from using and enjoying the bulletin boards.

2. Post or transmit any unlawful, anticompetitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivation works with respect thereto, without first obtaining permission from the owner or right holder.

4. Post or transmit any information, software or other material which contains a virus or other harmful component.

5. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of Metron and its affiliates.

You understand that Metron has no obligation to monitor or edit the content of the bulletin boards. However, Metron reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Metron’s sole discretion are objectionable or in violation of these terms and conditions.

LIMITATION OF LIABILITY 

Under no circumstances, including, but not limited to, negligence, shall Metron, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Metron materials. You specifically acknowledge and agree that Metron is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any Metron material, or with any of Metron’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.

TERMINATION 

This agreement is effective until terminated by Metron, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards, and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless Metron, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, and expenses, including attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this Agreement.

EU Data Privacy Regulations Compliance. We strive to collect, use and disclose personal information consistent with the laws of the United States as well as the laws of other countries in which we do business, including the laws of the European Union.

OTHER 

This agreement shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

COPYRIGHTS AND COPYRIGHT AGENT
Metron respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its web site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Metron’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Metron’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Metron Instruments, Inc.
Attn: Legal Department
PO Box 39325
Solon, Ohio 44139
Phone: (216) 332-0592
Fax : (216) 365-2895

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