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ETAP/Operation Technology, Inc. Website Terms and Conditions of Use


ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. THE FOLLOWING TERMS APPLY TO ALL VISTORS TO OR USERS (COLLECTIVELY “USERS”) OF THIS WEBSITE. BY ACCESSING THIS WEBSITE, USERS ACKNOWLEDGE ACCEPTANCE OF THESE TERMS.



Use of Site / Copyright Notice

ETAP/Operation Technology, Inc. (“ETAP”) owns or licenses all materials on this Website. The materials are copyrighted and/or trademarked, and any unauthorized use of the materials may violate copyright, trademark, and other laws. ETAP hereby authorizes Users to view and download the materials only for Users’ personal, non-commercial use, provided that Users retain all copyright and other proprietary notices contained in the materials or on any copies of the materials. No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, or copyright of ETAP or any third party.

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ETAP. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

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Use of Software

Any software that is available on this Website is the copyrighted work of ETAP. Copying or reproducing the software to any other server or location for further reproduction or redistribution is prohibited. Users may not create derivative works of the software, or attempt to decompile or reverse-engineer the software unless otherwise permitted by law.

U.S. Government Restricted Rights: Any software that is available on this Website and its accompanying documentation that is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights and are subject to applicable provisions of the Federal Acquisition Regulations or in the Department of Defense Federal Acquisition Regulations Supplement.

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International and Export Issues

ETAP administers this Website from its offices in Irvine, California. ETAP makes no representation that this Website is appropriate or available for use outside the United States and access to the ETAP Website from territories where its contents are illegal or restricted is prohibited. If Users choose to access the ETAP Website from outside the United States, Users do so on Users’ own initiative and are responsible for compliance with applicable laws. Users agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Users’ use of the ETAP Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws.

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Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of ETAP or other third parties. Users are not permitted to use these Marks without the prior written consent of ETAP or such third party which may own the Mark. The use of any third party’s Marks on this Website does not constitute the Mark owner(s)’ endorsement of ETAP or its products and/or services.

ETAP is a registered trademark of Operation Technology, Inc.

ETAP Real-Time and Intelligent Load Shedding are trademarks of Operation Technology, Inc.

Other Company Trademarks*

CAPTOR is a trademark of SKM Systems Analysis, Inc.
DAPPER is a registered trademark of SKM Systems Analysis, Inc.
DIgSILENT is a registered trademark of DIgSILENT GmbH.
EasyPower is a registered trademark of ESA NW, Inc.
EDSA is a registered trademark of Power Analytics Corporation.
MATLAB is a registered trademark of The Mathworks, Inc.
Neplan is a registered trademark of BCP Busarello + Cott + Partner AG.
Power Analytics is a registered trademark of Power Analytics Corporation.
PSS is a registered trademark and service mark of Siemens AG.
Simulink is a registered trademark of The Mathworks, Inc.

*   These companies are not affiliated with ETAP Automation or ETAP. 

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Disclaimers

Although ETAP has attempted to provide accurate information on the Website, ETAP assumes no responsibility for the accuracy of the information. ETAP may change the programs or products mentioned at any time without notice. Any mention of non-ETAP products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ETAP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ETAP SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ETAP PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ETAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Other Agreements: Software, Services or Access

ETAP may provide products, services (such as software maintenance, installation, or training) or access to ETAP Websites under the terms of a separate agreement between Users and ETAP (each, an “Other Agreement”). ETAP’s obligations with respect to any product, service, or access that it makes available to Users under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

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Indemnification

Users agree to indemnify, defend, and hold harmless ETAP from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from the Users’ violation of these Terms. ETAP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User and, in such case, Users agree to cooperate with ETAP’s defense of such claims.

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Links to Third Party Sites

This Website may contain links to third party sites. Access to any other Internet site linked to this Website is at the User’s own risk and ETAP is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. ETAP provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

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Linking to this Website

Users may create links to this Website from other Websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent ETAP’s written authorization otherwise, a Website that links to this Website:

(a) May link to, but shall not replicate, any materials (including any logo);
(b) Shall not create a browser or border environment around any materials;
(c) Shall not imply that ETAP endorses such website or any products, services, or content available through such website;
(d) Shall not misrepresent its relationship with ETAP;
(e) Shall not present false or misleading information about ETAP, its products, or its services; and
(f) Shall not contain content that could be construed as distasteful, offensive, or controversial.

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General

These Terms, together with any additional terms to which Users agree when using particular elements of the ETAP Website, constitute the entire and exclusive and final statement of the agreement between Users and ETAP with respect to such subject matter. These Terms and the relationship between Users and ETAP shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding Users’ actual place of residence. All lawsuits arising from or relating to these Terms or to Users’ use of the ETAP Website shall be brought in the State or Federal Courts located in the County of Orange, California, and Users hereby irrevocably submit to the exclusive personal jurisdiction of such venue for such purpose.

The failure of ETAP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, Users nevertheless agree that the trier of fact should endeavor to give effect to the intentions of ETAP and Users as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Users’ use of the ETAP Website. These Terms will be interpreted without application of any strict construction in favor of or against Users or ETAP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by Users, but may be assigned by ETAP without restriction.

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Modifications to these Terms

ETAP may, in its sole and absolute discretion, change these Terms from time to time. ETAP will post notice of such changes on the applicable Site. If Users object to any such changes, Users’ sole recourse shall be to cease using the ETAP Website. Continued use of the ETAP Website following notice of any such changes shall indicate Users’ acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the ETAP Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

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Revised March 2012

Operation Technology, Inc.
17 Goodyear, Suite 100
Irvine, CA 92618
Fax: (949) 462-0200
info@etap.com