Terms of Use
CONDITIONS OF USE AND TERMS OF
SERVICE
:
COPYRIGHT
Copyright
© 2008 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
23103 Miles Road
Cleveland, Ohio 44128
Phone: (216) 332-0592
Fax : (216) 663-1005 |
