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E-Control Systems, Inc. ("ECS") makes the materials on this Website ("Site") including all information, documents,
communications, files, text, graphics, software, and products included on this Site (collectively "Materials"), available
for your use subject to the terms and conditions set forth in this document and any changes to this document made by ECS from time to
time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these
Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or
install the Materials.
For those Materials made available for download from this Site which are accompanied by or
include an end user license agreement ("License Agreement") the License Agreement will prevail over these
Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied
and governed by License Agreements between you and a third party ("Third Party Agreements"). ECS is not a party to
such Third Party Agreements and ECS's liability to you and to third parties is limited pursuant to the warranty disclaimers
and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download
the Materials unless you have read and agree with the terms of the applicable license agreement.
ECS authorizes you to use a single copy of the Materials solely for non-commercial personal use, provided that
you retain all copyright and other proprietary notices contained in the original Materials on any copies of
the Materials. Certain code found in the Materials is specifically referenced as sample
software code ("Sample Code"). If such Sample Code is accompanied by a License Agreement then the
terms of the License Agreement shall govern. If a License Agreement does not accompany or is not included with
the Sample Code then such Sample Code shall be governed by these Terms and Conditions and you may copy, perform,
display, distribute, create derivative works, modify, and sublicense through multiple channels such
Sample Code (in whole or in part). Under no circumstances will content, including but not limited to, images,
Software Developement Kits(SDKs), or graphics be considered Sample Code.
The copyright and ownership interests in all Materials is held by ECS and its suppliers and protected
by U.S. laws and international treaty provisions. You agree not to use, copy, republish,
frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell,
assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except
as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark
laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or
regulations, and may subject you to civil liability and/or criminal penalties.
These Terms and Conditions are effective until terminated by ECS. ECS may terminate these Terms and Conditions with respect to
you or any other third party without notice at any time for any reason. Upon termination all rights
granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all
use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in
the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve
the right to terminate access to this Site and take any other action which we, in our sole discretion, deem
to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.
You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of
any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of
informational content, fitness for a particular purpose, system integration, title, and non-infringement of
any third party right with respect to the Materials or any services related to the Materials are expressly
disclaimed to the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that
the operation of the Materials will be uninterrupted or error-free, or that any defects in the
Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the
use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity
shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions
do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you.
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service
marks of ECS and others. Please see the list of
registered and unregistered marks. Microsoft, Windows, .NET, and Microsoft Logo are
trademarks or registered trademarks of Microsoft Corporation in the United States
and other countries. All other registered and unregister trademarks used in the Materials are the property of their respective owners. You
are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any ECS trademark, service
mark or logo used or displayed in the Materials without the prior express written permission of ECS. When used with ECS's permission, all
trademarks must be identified as trademarks of ECS using the appropriate symbol (e.g., ™ or ®) at the first
occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging,
technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified
and attributed as the property of ECS in a footnote at the end of the communication.
ECS's technology and products, including products that may be available as part of the Materials, may be
protected by one or more United States and/or international patents or patents pending.
The Materials may contain projections or other forward-looking statements relating to future events, future products
or the future performance of ECS. Such statements are only predictions and subject to certain risks and uncertainties. Consequently,
actual events or results may differ materially.
Product performance is measured using specific computer and communication systems and components and reflects approximate performance
of the tested products. Any difference in hardware or software may affect actual performance, and buyers should consult other sources
of information to evaluate the performance of ECS products.
Information submitted to ECS through the Site is governed by ECS's Privacy Policy.
Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be
considered confidential or proprietary. All such material becomes the exclusive property of ECS, which is entitled to
use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any
unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
ECS makes no representations or warranties about any other site or material that you may access through links or other references on this
Site. You do so at your own risk. The presence of links to non-ECS sites or materials does not imply that ECS endorses or accepts
responsibility for the content or use of such sites or materials.
ECS may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are
password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas
may be subject to civil liability and criminal penalties.
This Site mentions third party products and services for informational purposes. ECS makes no recommendations or
endorsements about any third party products or services.
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ECS OR ITS SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT
OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED
THEREWITH, EVEN IF ECS OR AN ECS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do
not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may
not apply to you.
By using the Materials, you represent and warrant that you are not located in, under the control of, or a
national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or
"re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United
States and foreign government export controls and approvals. For additional information with respect to the United States export
controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at:
http://www.bis.doc.gov.
All ECS products and publications are commercial in nature. The software and documentation available by download on
this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software and Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those
rights as are granted to all other end users pursuant to these Terms and Conditions.
This Site is controlled by ECS from its offices within the State of California, United States of America. ECS makes no representation
that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be
governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States
of America. You and ECS agree that and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and
the United States District Court for the Southern District of California with respect to any such claim. Any part of these
Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or
enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms
and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may
not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of ECS. Any attempted assignment or
transfer without such prior written consent from ECS shall be null and void. The headings of sections of these Terms and Conditions are for convenience
only and are not to be used in interpreting these Terms and Conditions. In the event ECS is required to initiate legal proceedings to enforce any provision of
these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be
entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the
parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written
or oral. These Terms and Conditions may only be modified by ECS in a writing.
All requests for further information or for permission to reproduce any portions of the Materials should
be directed to: E-Control Systems, Inc., 5170 Sepulveda Blvd, Suite 240, Sherman Oaks, CA 91403, +1 818 885 5228 [tel], +1 818 885 5218 [fax].
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