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following Terms and Conditions govern your use of the Earthward
Consulting site and the materials accessible on or from the site.
Please read them carefully before entering the site, and refer to
them as necessary as you explore the Earthward Web Site. Your use of
the site means that you accept the Terms and Conditions. If you
do not agree with these Terms and Conditions, please do not visit or
use the Earthward site.
Confidentiality.
Those areas of the Earthward Consulting site which you access by
using a password or other security device (including Earthward
Client Access) contain proprietary and confidential information on Earthward
and its suppliers, including engineering documents, manuals,
software, program listings, data file printouts, and other technical
and marketing information ("Earthward Confidential
Information"). By accessing Earthward Confidential Information,
you agree to keep this information confidential and to use the
information solely for the purpose of maintaining and supporting
your Earthward network, or, if you are a Earthward Client, your
customers' networks. You also agree to be careful with this Earthward
Confidential Information and to only disclose it within your company
to employees with a "need to know" who are instructed and
agree not to disclose the information and not to use the information
for any purpose not permitted by this agreement. You will not alter,
decompile, disassemble, reverse engineer, or modify any Earthward
Confidential Information that you receive.
Earthward discourages you from sending us any information that
you consider to be confidential or proprietary through this Web
site. Please note that if you do send us any such information or
material, Earthward will assume it is not confidential. By
sending Earthward information or material, you grant Earthward an
unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or
information, and you also agree that Earthward is free to use any
ideas, concepts, know-how or techniques that you send us for any
purpose.
Earthward Ownership Information. The information on
this Web Site, along with any Materials (including, for example,
white papers, press releases, data sheets, product descriptions and
FAQs) is the copyrighted work of Earthward and/or its suppliers and
is protected under US and worldwide copyright laws and treaty
provisions. Earthward grants you permission to copy such Materials
so long as each copy (i) is solely for informational, non-commercial
use in support of Earthward products and is not modified or revised
in any manner, (ii) plainly displays all copyright and other
proprietary notices, in the same form and manner as on the original and
(iii) displays a statement that the Materials are used solely with
permission of Earthward.
Any software which you download from the Earthward Web Site is
governed exclusively by the license terms accompanying the file or
the terms of the license agreement which accompanied the original
product licensed by you which you are updating, and by downloading
such software, you agree to abide by the terms of the license. Any
reproduction or redistribution of such software not in accordance
with the software license is expressly prohibited by law.
Except as expressly granted in this section (or to you
specifically in writing), Earthward and its suppliers do not grant
any express or implied right to you under any patents, copyrights,
trademarks, or trade secret information.
Disclaimers. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB
SITE ARE PROVIDED "AS IS," AND Earthward EXPRESSLY
DISCLAIMS 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. IN NO EVENT SHALL EARTHWARD CONSULTING BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION)
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE
INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF
REPLACEMENT GOODS.
Although Earthward has attempted to provide accurate information
on this Web site as a service to its users, Earthward assumes no
responsibility for, and makes no representations with respect to,
the accuracy of the information. Earthward may change the programs
or products mentioned at any time without notice. Mention of non-Earthward
products or services is for information purposes only and
constitutes neither an endorsement nor a recommendation.
Any claims relating to the materials or the Web site will be
governed by Virginia law.
Privacy. We recognize that when you choose to provide us with
information about yourself, you trust us to act in a responsible
manner. That's why we have put in place a Privacy Policy to protect
your personal information. You should review this document before
providing any personal data on the Earthward site. Please read our
Privacy Policy .
Third-Party Statements on Earthward Web Site; Links. Earthward
may, but is not obligated to, monitor or review statements made by
third parties on Earthward's Web site. Users or other third parties
may post statements or information on some portions of the Earthward
site from time to time. Earthward makes no representation as to the
accuracy, appropriateness, legality, ownership or other aspects of
such statements or information. Earthward expressly disclaims any
liability for such third party statements 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 other companies,
individuals or agencies which are provided as a convenience to Earthward
users. These linked sites are not under the control of Earthward,
and Earthward is not responsible for the accuracy of information on
such sites. Earthward 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.
Limitations on Use. Earthward may revise these Terms and
Conditions at any time. Revisions will be posted on this "Legal
Information" page and users are responsible for reviewing the
page from time to time to ensure compliance. If Earthward makes a
request to you to stop using Earthward Partner Access and/or to
promptly return or destroy any copies of the information provided on
this Web site, you will comply immediately with this request and
will confirm in writing to Earthward within ten (10) days that you
have done so.
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