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Acceptance
of Terms
Welcome to the website (the "website") of ESI Computing,
Inc. ("ESI"). On this website, ESI makes available
to you a wide range of information, products, downloads, documents,
communications, files, text, graphics, publications, content,
tools, forums, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. By accessing and using this website in
any way, including, without limitation, browsing the website,
using any information, using any content, using any services,
downloading any materials, you agree to and are bound by the
terms of use described in this document ("Terms of Use").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED
IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.
The Terms of Use are entered into by and between ESI
and you. If you are using the website on behalf of your employer,
you represent that you are authorized to accept these Terms
of Use on your employer's behalf.
ESI reserves the right, at ESI's
sole discretion, to change, modify, update, add, or remove
portions of the Terms of Use at any time without notice to
you. Please check these Terms of Use for changes. Your continued
use of this website following the posting of changes to the
Terms of Use will mean you accept those changes.
Use of Materials
Limitations
All materials contained in the website are the copyrighted
property of ESI. All trademarks, service marks, and
trade names are proprietary to ESI.
Unless otherwise specified, the materials and
services on this website are for your personal and non-commercial
use, and you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, obtained from the
website without the written permission from ESI.
Use of Documents
and Publications on the Website
Except as expressly prohibited on this website, you are permitted
to view, copy, print and distribute publications and documents
within this website (such as FAQs, white papers, datasheets,
press releases and so on), subject to your agreement that:
a) your use of the information is for informational, personal,
and non-commercial purposes only, b) you will not modify the
documents, publications or graphics, c) you will not copy
or distribute graphics separate from their accompanying text
and you will not quote materials out of their context, d)
you will display the below copyright notice and other proprietary
notices on every copy you make, and e) you agree that ESI may revoke this permission at any time and you shall
immediately stop your activities related to this permission
upon notice from ESI. Use for any other purpose is
expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
The permission above to use documents and publications
does not include permission to copy the design elements, look
and feel, or layout of this website. Those elements of the
website are protected by law, such as trade dress, trademark,
unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image
from the website may be copied or retransmitted unless expressly
permitted by ESI.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ESI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND
RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
ESI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL ESI BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ESI MAY MAKE IMPROVEMENTS AND/OR CHANGES DESCRIBED
HEREIN AT ANY TIME WITHOUT NOTICE.
Disclaimers and
Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, DOCUMENTATION,
MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS"
WITHOUT WARRANTY OF ANY KIND AND ESI HEREBY DISCLAIMS
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, ESI DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL
ESI BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU
ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF
THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS
AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS
MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ESI ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL
LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN
THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN
ANY OTHER REFERENCE.
ESI MAY MAKE CHANGES TO THE WEBSITE,
INFORMATION, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL
SPECIFICATIONS, AND ANY OTHER INFORMATION AND MATERIALS ON
THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE MAY CONTAINS LINKS TO THIRD-PARTY
SITES WHICH ARE NOT UNDER THE CONTROL OF ESI AND ESI IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. ESI IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. ESI IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY THAT ESI ENDORSES OR ACCEPTS ANY RESPONSIBILITY
FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
No Unlawful or
Prohibited Use
As a condition of your use of the website, you will not use
the website for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
Services in any manner that could damage, disable, overburden,
or impair any ESI server, or the network(s) connected
to any ESI server, or interfere with any other party's
use and enjoyment of the website. You may not attempt to gain
unauthorized access to services, materials, other accounts,
computer systems or networks connected to any ESI
server or to the website, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the website.
Copyright and
Trademark Information
COPYRIGHT NOTICE: Copyright ©2005 ESI Computing, Inc.,
468 Westford Road, Carlisle, MA 01741. All Rights Reserved.
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