WEB SITE CONDITIONS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE.
By using this site, you signify your assent to these terms of use. If you
do not agree to these terms of use, please do not use the site.
The Site contains information and materials, including but not limited
to, text, software, photos, video, graphics and audio, (collectively "Materials")
which are derived in whole or in part from information and materials supplied
by QwickLoad and other sources, and are protected by international copyright,
trademark and other laws and the entire content of the Site is copyrighted
as a collective work under the United States Copyright Laws. QwickLoad
owns the copyright in the overall selection, coordination, arrangement
and enhancement of such content, and owns the rights in, or license to
use, the individual components of such content.
I. RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by QwickLoad. No material from the Web
site may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download the software provided
for trial use provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for any
other purpose is a violation of proprietary rights.
For purposes of this Agreement, the use of any such material on any
other Web site or networked computer environment is prohibited. In the
event you download software from the site, the software, including any
files,images incorporated in or generated by the software, and data accompanying
the software (collectively, the "Software") are licensed to you by QwickLoad
and does not transfer title to the Software to you. You own the medium on which
the Software is recorded, but QwickLoad
retains full and complete title to the Software, and all intellectual property
rights therein.
You may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-perceivable form.
You shall use the Site for lawful purposes only. You shall not post
or transmit through the Site any information or material which violates
or infringes, in any way, the rights of others, or which is unlawful, threatening,
abusive, defamatory, invasiveof privacy or publicity rights, vulgar, obscene,
profane, harassing, or otherwise objectionable. Nor shall you post or transmit
through the Site any information or material which encourages conduct that
would constitute a criminal offense, give rise to liability or otherwise
violate any law or administrative ruling or guidelines, is in violation
of these Terms, or which, without QwickLoad's prior written approval, contain
advertising or any solicitation with respect to products or services. Any
conduct by you that, in QwickLoad's opinion, restricts or inhibits any
other user from using or enjoying the Site will not be permitted.
II. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting programs, applications, and other products
available in the United States, its territories, possessions, and protectorates.
This site is controlled and operated by from its offices within the state
of Texas, United States of America.QwickLoad makes no representation that
materials in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. Software from this site is further
subject to United States export controls. No software from this site may
be downloaded or otherwise exported or reexported (1) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (2) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
III. TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from QwickLoad
site(s) and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice from QwickLoad if in
sole discretion you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this
site and other QwickLoad site(s) and all copies thereof, whether made under
the terms of this agreement or otherwise.
IV. DISCLAIMER
The information or advice contained in this document and produced by this
Software (QwickLoad) is intended for use only by persons who have had adequate
technical training in the field to which the information relates. The software
(QwickLoad) and document is offered as an aid only and the information
or advice should be verified before it is put to use by any person.
The user should also establish the applicability of the information
or advice in relation to any specific circumstances. While the information
or advice is believed to be correct, QwickLoad directors, employees, and
agents, disclaim any responsibility for inaccuracies contained within the
software (QwickLoad) and the document including those due to any negligence
in the preparation of the software and the publication of the said document.
This software is intended to provide technical information that will
help the end user with design application. QwickLoad reserves the
right, without notice, to change the design or construction of any product
and to discontinue or limit distribution of any products. QwickLoad also
reserves the right to change or update, without notice, any technical information
reported or contained in this software. Once a product has been selected,
it should be checked by the user to ensure the product selected
is correct/suitable for the intended application.
The materials in this site are provided "AS IS" and without warranties
of any kind either express or implied. To the fullest extent permissible
pursuant to applicable law, QwickLoad disclaims all warranties of any kind
either express or implied, inlucing, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. QwickLoad does
not warrant that the functions contained in the materials will be uninterrupted
or error-free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful components.
QwickLoad does not warrant or make any representations regarding the use
of the results of the use of the materials in this site in terms of their
correctness, accuracy, reliability, or otherwise you (and not QwickLoad)
assume the entire cost of all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
Third-Party Sites: QwickLoad may provide as a convenience to you, links
to Web sites operated by other entities and persons, but makes no representations
whatsoever about any other Web site which you may access through this one.
Any link to a non-QwickLoad Web site does not mean that Emerson endorses
or accepts any responsibility for the content, or the use of such Web site.
If you use these sites, you do so at your own risk. QwickLoad makes no
warranty or representation regarding, and does not sponsor or endorse,
any linked Web sites or the information or materials appearing thereon
or any of products and services described thereon. Furthermore, links do
not imply that QwickLoad is affiliated or associated with, or that any
linked site is authorized to use any trademark, trade name, logo, or copyright
of QwickLoad.
Third Party Content: Any opinions, statements, services, offers or other
information or content expressed or made available in the Site by any third
party are those of the respective author(s) or distributor(s) and not of
QwickLoad.
If you are dissatisfied with any of the Materials contained in the Site,
or with any of these Terms, your sole and exclusive remedy is to
discontinue accessing and using the Site.
V. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall
QwickLoad be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials in this site, even
if the QwickLoad authorized representative has been advised of the possibility
of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may not
apply to you. In no event shall QwickLoad's total liability to you for
all damages, losses, and causes of action (whether in contract, tort (including, but not
limited to, negligence), or otherwise) exceed the amount paid by you, if
any, for accessing this site or for registering the trial software.
VI. OTHER
This agreement shall be governed by and construed in accordance with the
laws of THE STATE OF Texas without giving effect to any principles of 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. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except
in writing, signed by both parties.
Under no circumstances will QwickLoad, or other third parties mentioned
at, or involved in creating, producing, or delivering the site be liable
for any direct, incidental, consequential, indirect, special or punitive
damages whatsoever (including without limitation,m costs and expenses of
any type incurred, lost profits, lost data or programs and business interruption)
arising out of your access to, use, inability to use or the results of
use of the site, any web sites linked to the site, or any materials contained
at any or all such sites (including but not limited to those caused by
or resulting from a failure of performance; error; omission; linking to
other web sites; interruption; deletion; defect; delay in operation
or transmission; computer virus; communication line failure; or destruction,
unauthorized access to , alteration of, or use of any computer or system)
whether based on warranty, contract, tort, negligence, strict liability,
or any other legal theory and whether or not QwickLoad was advised of the
possibility of such damages.
QwickLoad shall have no liability or responsibility for any acts, omissions
or conduct of any user or other third party.