Terms Of Service
The information offered by Micro Analysis, Inc., ("Micro Analysis") on the web site located at www.microana.com (this "Website") is subject to the following Terms of Service (these "TOS"):
By accessing, browsing and/or using this Website, you acknowledge and agree to these TOS. If you do not agree to every provision of these TOS, please do not access, browse or use this Website. We reserve the right to revise these TOS at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Website following the posting of changes to these TOS, you accept these changes. Any use of this Website in a manner inconsistent with these terms and conditions is deemed unauthorized access. These TOS are effective as of January 1, 2010.
1. Restricted Use of Website Materials
As between Micro Analysis and you, Micro Analysis is the copyright owner of all the materials on this Website, such as software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the "Content"). Micro Analysis grants you a limited right to access and use this Website. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Website or any Content, except with the prior express written consent of Micro Analysis.
You ARE NOT granted any license for
- any resale or commercial use of this Website or the Content;
- any derivative use of this Website or the Content; or
- any use of data mining, robots, or similar data gathering and extraction tools.
Although Micro Analysis provides the Content for your personal use, Micro Analysis retains its property rights, such as those rights under U.S. and international copyright law, to all Content, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of Micro Analysis, you MAY NOT
- distribute Content to others;
- include Content on any other web site, on a server computer, or in documents, including but not limited to "mirroring" the information and/or displaying the information by means of HTML frames or similar means; or
- modify or re-use the Content.
You acknowledge and agree that names, logos, trademarks, or service marks contained on this Website are owned or used with permission by Micro Analysis and may not be used by you without the express prior written approval of Micro Analysis or the relevant owner of the name, logo, trademark or service mark.
Micro Analysis will enforce its intellectual property rights to the full extent of the law. Unauthorized use of any of these materials is prohibited unless specifically permitted by Micro Analysis in writing prior to any such use.
Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
You may not link to this Website from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Micro Analysis or other parties involved in creating, producing, or delivering this Website, may monitor or review any links to this Website, Micro Analysis and such parties, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although this Website may link to other websites ("External Websites"), Micro Analysis is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Website, unless specifically stated herein. By entering this Website you acknowledge and agree that Micro Analysis has not reviewed the External Websites and is not responsible for the content contained on any External Website. Your access and use of any External Website is at your own risk.
While Micro Analysis makes reasonable efforts to ensure that the Content is correct, Micro Analysis makes no warranties or representations as to the accuracy of the Content. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND Micro Analysis HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Micro Analysis ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
4. Limitations of Liability
You acknowledge and agree that your use of this Website and any Content is at your own risk. IN NO EVENT SHALL Micro Analysis, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5. Applicable Law and Jurisdiction
You agree that the laws of the State of Delaware, without regard to its principles of conflict of laws, will govern these TOS and any dispute concerning or related to these TOS. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Wilmington, Delaware for the purpose of resolving any dispute relating to your access to or use of this Website. Micro Analysis may seek injunctive or other appropriate relief in any state of federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.
6. Termination of the Agreement
Micro Analysis reserves the right, in its sole discretion, to restrict, suspend, or terminate these TOS and access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. Micro Analysis reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability. If these TOS are terminated, this clause and Sections 1, 3, 4, 5, and 8 shall survive the termination of these TOS.
7. Privacy Statement
If any of these terms and conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of Micro Analysis to act on or enforce any provision of these TOS shall not be construed as a waiver of that provision or any other of these TOS.
Micro Analysis, Inc.
January 1, 2010