The following Terms and Conditions govern your use of the ReQuest web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions.
If you do not agree with these Terms and Conditions, please do not use the ReQuest web site. |
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Confidentiality. Those areas of the ReQuest web site which you access by using a password or other security device contain proprietary and confidential information of ReQuest and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("ReQuest Confidential Information"). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by ReQuest. You also agree to be careful with this ReQuest Confidential Information and to only disclose it to your employees with a "need to know" who agree not to disclose the information or use the information for any unauthorized purpose.
Transmissions to ReQuest and Links to Other Web Sites. You agree not to send to ReQuest any information that you consider confidential or proprietary. Any material (including information, ideas, and feedback) you transmit to or post on the ReQuest web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by ReQuest for any purpose whatsoever without compensation to you and without obtaining your prior permission. Notwithstanding the foregoing, all personal data provided to ReQuest will be handled in accordance with ReQuest's Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
ReQuest may, but is not obligated to, monitor or review materials provided by third parties on ReQuest's web site. ReQuest makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. ReQuest expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by third parties which are provided as a convenience to ReQuest users. These linked sites are not under the control of ReQuest and ReQuest is not responsible for any material on such sites. ReQuest does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.
Documents. Any Documents on the ReQuest web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of ReQuest and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. ReQuest grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of ReQuest products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. Documents do not include (a) the design or layout of this web site, or (b) any materials (e.g., software or the ReQuest Development Kit) which are governed by license terms separate from these Terms and Conditions.
Licensed Materials. Any licensed materials (e.g., software or the ReQuest Development Kit) which can be downloaded from the ReQuest web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.
Trademarks. ReQuest's trademarks may be used only with written permission from ReQuest and proper acknowledgement. For a partial list of ReQuest's trademarks and service marks, as well as trademarks licensed to ReQuest by third parties, refer to ReQuest's List of Trademarks. All other trademarks, brands, and names are the property of their respective owners.
All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), ReQuest and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND REQUEST AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.
Although ReQuest has attempted to provide accurate information on this web site as a service to its users, ReQuest assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. ReQuest may change the programs or products mentioned at any time without notice. Mention of non-ReQuest products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, REQUEST EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF REQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
Applicable Laws. Export of any material from the ReQuest web site (including any ReQuest Confidential Information) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of ReQuest's proprietary rights in such materials. Any claims relating to the materials or the web site will be governed by New York law.
Revisions to Terms and Conditions. ReQuest may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If ReQuest makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this web site, you will comply immediately with this request and will confirm in writing to ReQuest within ten (10) days that you have done so.
Terms and Conditions of Sale. PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN REQUEST AND YOU (THE "CUSTOMER") FOR THE SALE OF PRODUCTS BY REQUEST TO YOU. BY ACCEPTING DELIVERY OF PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Taxes; Shipping Charges. Customer is responsible for all shipping and handling charges and all applicable taxes which may be levied on the sale, license, or use of ReQuest products, including without limitation duties, customs, GST, and withholding taxes. Customer will reimburse ReQuest for any such charges or taxes.
Orders; Payment; No Resale. Orders are subject to acceptance by ReQuest. Payment must be received by ReQuest prior to ReQuest's acceptance of an order and must be made by credit card or other prearranged payment method. Customer shall pay interest on all past-due sums at the highest rate allowed by law. Only dealers expressly authorized by ReQuest are allowed to resell any ReQuest products.
Title; Risk of Loss. Title to hardware, and risk of loss or damage thereto, shall pass to Customer upon shipment from ReQuest's facility. ReQuest licenses its software and documentation for use by Customers under the terms and conditions of license agreements provided with the software and documentation. Title to software and documentation is retained by ReQuest and its suppliers. Customer agrees not to remove or destroy any copyright notices, trademarks or other proprietary markings on ReQuest products.
Limited Warranties; Limited Liability. THE LIMITED WARRANTIES AND LIMITED LIABILITY APPLICABLE TO REQUEST PRODUCTS ARE AVAILABLE ONLINE AND/OR SHIPPED WITH THE PRODUCT.
Governing Law. This contract shall be governed by the laws of New York (except as pertaining to conflicts of law), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Rensselaer County, New York for all claims arising out of or relating to this contract.
General Legal Provisions. Customer shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between ReQuest and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control. |
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