Terms of Use (End User License Agreement)
Terms of Use: These Terms of Use govern your use of Engineering Software International ("ESI") calculation programs ("ESI Programs") as a Subscription Service, and, unless other terms and conditions expressly govern, any other electronic services provided by ESI that may be available from time to time (collectively, "the Services").
General: Your use of the Services constitutes your agreement to these Terms of Use. ESI reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.
Ownership: The content of the Services is the property of Engineering Software
International, Inc., its affiliated companies, or licensors and is protected by copyright, patent and trademark laws.
Use of Content: You may display, print or download content on the Services only for your personal and/or professional use, provided you do not remove or alter any copyright, trademark, service mark or other proprietary notices or legends.
ESI grants you a personal, non-transferable and non-exclusive right and license to use its Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You may not publish, distribute, retransmit, sell, or provide access to the content on the Services.
(You may print output screens, as well as Input-Output summaries).
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to not use the Services to:
- Make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- Make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; and
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
With the exception of the (text-based) "Input-Output Summaries" generated by the ESI calculation programs (as a Subscription Service), you may not engage in systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ESI. Nor may you mirror on your own site the home page or results pages of the Services. (The" Input-Output Summaries" may be downloaded individually, at any time, to your local PC or Company server).
With the exception of the "Input-Output Summaries" generated by ESI calculation programs (as a Subscription Service), if you want to post, publish or use content from (or contained within) the Services on your Web Site or in any other Internet activity, you will need permission from ESI, even though your Web Site or Internet activity is free of charge. Requests should be directed to:
customerservice@esiprograms.com.
Disclaimer of Warranties: The services and all information, products and other content included in or accessible from the services are provided "as is" and without warranties of any kind (express, implied and statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose), all of which ESI expressly disclaims to the fullest extent permitted by law.
Limitation of Liability: In no event shall ESI, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors or content providers be liable for any indirect, special, incidental, punitive or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the services, even if ESI was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law or otherwise.
Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold ESI, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use or copying of the Services or any of their content, the violation of these Terms of Use or any applicable laws or regulations.
Governing Law: These Terms of Use are governed by the laws of the United States and the State of Missouri, without giving effect to any principles of conflicts of laws.
Security: If you are a subscriber to any of the Services that are available by subscription ("Subscription Services"), your right to use the Subscription Services is personal to you and your Company. If you are authorized by a subscriber (such as your employer) to access and use any of the Subscription Services, your right to use the Subscription Services is not transferable. You are responsible for protecting the confidentiality of your credentials for access to the Subscription Services (e.g., your username and password) and for complying with any guidelines prescribed by ESI from time to time to prevent unauthorized access to the Subscription Services. You agree to immediately notify ESI of any unauthorized use of your password or any other breach of security. ESI reserves the right to perform one-way encryption of passwords, etc. for security purposes.
You agree that ESI may, under certain circumstances and without prior notice, immediately terminate access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, and (d) engagement by you in fraudulent or illegal activities.
Cancellation of Company Membership / Refund Policy: You may cancel your Company membership at any time. If you wish to cancel your Company membership, please send ESI a written confirmation by mail or fax. For security reasons, we do not accept cancellations via phone or email. At time of cancellation, ESI will send your Company all Company calculations en masse and delete all your Company calculations from ESI servers. Upon cancellation, you will not receive any refund of the Company sign-on fee paid to ESI to use the Subscription Services. Should a Company wish to "reactivate" membership in ESI, a new Company sign on fee will be required.
Termination of Subscription: Either party shall have the right to terminate your Company membership at any time by providing notice of termination to the other. In the event of termination of your Company membership by either party, you shall have no claims against ESI or its affiliates. Termination of your subscription automatically terminates your license to use the Services and any content or other material contained therein. ESI may terminate your subscription at any time, especially as a result of your breach of the Terms of Use.
Additional Terms Applicable to Individual Subscribers (aka "Members") to the Subscription Services:
- Definitions: As used in these additional terms, "you," or "yours" refers to each person who establishes a subscriber (or "individual member") account ("Account") or who is authorized to access and use any of the Subscription Services.
- Account: You are responsible for all use of your Account under any user ID ("Username") or password by any person and for ensuring that all use of your Account complies fully with the provisions of this Usage Agreement.
- Subscription Fees and Changes: Subscription charges for "members" commence upon the date your Services subscription is activated and will be billed to your company's credit card each month (for monthly subscriptions) thereafter. You acknowledge and agree that you will not receive a bill in the mail for your subscription (though each subscriber's monthly subscription fee should appear as a separate line item on your credit card statement). ESI reserves the right to change subscription rates at any time for new or "reactivated" members only or for new product offerings.
Changes to standard subscription rates will be posted at http://ESIPrograms.com. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate. Each subscriber's monthly subscription fee should appear as a separate line item on your credit card statement.
- Termination of Subscription: Either party shall have the right to terminate your month-to-month individual member subscription at any time by providing notice of termination to the other. In the event of termination of your subscription by either party, you shall have no claims against ESI or its affiliates. Termination of your subscription automatically terminates your license to use the Subscription Services and any content or other material contained therein. ESI may terminate your subscription at any time, especially as a result of your breach of this Agreement.
- Individual Member Subscription Renewals and Cancellations: Individual member subscription charges commence upon the date your individual member Service subscription is activated and will be billed to your credit card each month thereafter. You acknowledge and agree that you will not receive a bill in the mail for your subscription. Your monthly individual member subscription will continue until and unless you cancel your individual member monthly subscription. You must cancel your individual member subscription in order to avoid additional monthly billings of subscription fees to your credit card. Cancellations shall not be considered final until you have received Cancellation Confirmation e-mail from ESI. In the event that you cancel your individual member subscription, the unexpired portion of your monthly subscription will not be refunded, applied to another subscription or transferred to anyone else and is not convertible to cash or other form of credit. Payments made as part of a monthly subscription fee are non-transferable.
- Reservation of Rights: ESI reserves the right to increase subscription rates & sign-on fees (for new or "reactivated" members) at any time. Changes to standard subscription rates will be posted at http://ESIPrograms.com. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate.
- Credit Cards: You agree that you will provide a major credit or charge card (i.e., MasterCard, Visa or American Express) that ESI may charge for all subscription fees or other amounts payable to ESI. With respect to such charges, you give the following authorization: I authorize automatic credit or charge card billing by ESI. I agree that the charges described above will be billed by ESI to the credit or charge card that I have provided to ESI in my account information, or otherwise when I applied for the subscription services. I understand that all fees and charges are nonrefundable. I agree that ESI will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this agreement.
- Account Information: You agree to provide current, complete, and accurate information for your Account in order to receive access to the Subscription Services. You agree to promptly update all Account information to keep your account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and you must promptly notify ESI if your credit card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security (such as the unauthorized disclosure or use of your log-in username and password). Changes to such information can be made by mail, email or by using the "Contact & Feedback Form" available in the Table of Contents area of the "Main Entry Screen" at http://ESIPrograms.com. If you fail to provide ESI any of the foregoing information, you agree that ESI may assume that your credit card is either still valid or that it has been renewed and may continue charging you for the Subscription Services to which you have subscribed, unless you have cancelled your subscription.
- Cancellation of Individual Membership / Refund Policy: You may cancel your Individual membership at any time. Your monthly (individual member) subscription will continue until and unless you cancel your monthly subscription. You must cancel your monthly subscription in order to avoid additional monthly billings of subscription fees to your credit card. You may cancel your monthly subscription at any time by providing notice of cancellation. If you wish to cancel your monthly subscription, please send ESI a written confirmation by mail or fax. For security reasons, we do not accept cancellations via phone or email. In the event that you cancel your monthly subscription, the unexpired portion of your monthly subscription will not be refunded. All individual member calculations are the property of that member's Company. If you or your Company paid a Company sign-on fee to use the Subscription Services, and you terminate your subscription, you will not receive any refund of the Company sign-on fee paid to ESI.
Legal Notices
Copyrights
All contents of the Services are protected under copyright law. ©2008 Engineering Software International, Inc., (an affiliate of Coad Engineering Enterprises, Inc.). All rights reserved.
Patents
The functionality and other aspects of the Services are subject to Patent Pending.
Trademarks
"ESI," "ESI Programs," "ESIPrograms" and other marks that appear throughout the Services belong to Engineering Software International, its affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Services without express written consent from the respective trademark owners.
© 2008 Engineering Software International, Inc., (an affiliate of Coad Engineering Enterprises, Inc.). All rights reserved.
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