Terms and Conditions

AGREEMENT BETWEEN USER AND ECD

The ECD Web Site is comprised of various Web pages operated by ECD.

The ECD Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ECD Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ECD reserves the right to change the terms, conditions, and notices under which the ECD Web Site is offered, including but not limited to the charges associated with the use of the ECD Web Site.

LINKS TO THIRD PARTY SITES

The ECD Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ECD and ECD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ECD is not responsible for webcasting or any other form of transmission received from any Linked Site. ECD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ECD of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ECD Web Site, you warrant to ECD that you will not use the ECD Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ECD Web Site in any manner which could damage, disable, overburden, or impair the ECD Web Site or interfere with any other party’s use and enjoyment of the ECD Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ECD Web Sites.

USE OF COMMUNICATION SERVICES

The ECD Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

ECD has no obligation to monitor the Communication Services. However, ECD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ECD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ECD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ECD’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ECD does not control or endorse the content, messages or information found in any Communication Service and, therefore, ECD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ECD spokespersons, and their views do not necessarily reflect those of ECD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ECD OR POSTED AT ANY ECD WEB SITE

ECD does not claim ownership of the materials you provide to ECD (including feedback and suggestions) or post, upload, input or submit to any ECD Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ECD, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ECD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ECD’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ECD WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ECD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ECD WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ECD WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ECD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ECD WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ECD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ECD WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ECD WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ECD WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ECD WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ECD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ECD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ECD WEB SITE.

SERVICE CONTACT : marketing@ecd.com

TERMINATION/ACCESS RESTRICTION

ECD reserves the right, in its sole discretion, to terminate your access to the ECD Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the ECD Web Site. Use of the ECD Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ECD as a result of this agreement or use of the ECD Web Site. ECD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ECD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ECD Web Site or information provided to or gathered by ECD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ECD with respect to the ECD Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ECD with respect to the ECD Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the ECD Web Site are: © ECD, 1996 – 2024. All rights reserved. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The ECD trademark and product names can be referenced in third party marketing collateral, applications, conferences, articles, books and other items. Companies are allowed to use the ECD trademark by following the guidelines below:

Do not disparage ECD or ECD products and services

• Your company name and logo must be displayed more prominently than any ECD trademark
• Please include a disclaimer that ECD does not sponsor, affiliate, or endorse your product, and/or services
• Do not use any ECD trademark as your trademark, service mark, trade name, domain name, product name or logo
• When referring to a ECD trademark, please include the following notice of trademark attribution where appropriate, such as on your product, printed materials and online references: ECD and M.O.L.E. are trademarks or registered trademarks of ECD in the United States and/or other countries
• ECD’s logos may be used on third party materials only after obtaining a trademark license from ECD All usage of trademark logos must adhere to the guidelines of that logo.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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ELECTRONIC CONTROLS DESIGN, INC.

ELECTRONIC CONTROLS DESIGN, INC. END USER LICENSE AGREEMENT FOR ECD’s M.O.L.E.(r) MAP SOFTWARE PRODUCTS

NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This, Electronic Controls Design, Incorporated (“ECD”) End User License Agreement, accompanies ECD software products and related explanatory materials (“Software”). The term “Software” also shall include any upgrades, modified versions or updates of the Software licensed to you by ECD. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software.

Upon your acceptance of this Agreement, ECD grants to you a nonexclusive license to use the Software, provided that you agree to the following:

1. Use of the Software. This software is licensed for use by a single user. For the purpose of using this software with the computer you may install the Software, on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.

ECD Software for use with one or more ECD hardware products. This Agreement allows you to make and distribute unlimited copies of the Software, licensed with the respective ECD hardware product you purchased, as long as each copy that you make and distribute contains this Agreement, the same copyright and other proprietary notices pertaining to this Software that appear in the Software, and that the purpose of distributing the software is for the purpose of viewing, analyzing and reporting data captured by the associated ECD hardware product. If you download an updated version of the Software, for the respective hardware product you purchased, from the Internet or similar on-line source, you must include the ECD copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.

2. Copyright and Trademark Rights. The Software is owned by ECD and its suppliers, and its structure, organization and code are valuable trade secrets of ECD and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. The Software is licensed and distributed by ECD for viewing, analyzing and reporting data captured by associated ECD hardware products.

4. No Warranty. The Software is being delivered to you AS IS and ECD makes no warranty as to its use or performance. ECD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ECD AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ECD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ECD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

5. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Oregon, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ECD.

6. Automatic Checks. Technological measures in The software may communicate with servers of ECD for the purpose of checking for and notifying the user of updates and to ensure that the Software in use is licensed in compliance with this Agreement. ECD will not collect any personally identifiable data in this process and will not disclose any data collected to any third party, except ECD’s outside attorneys or as may be required by a court of competent jurisdiction.

Unpublished-rights reserved under the copyright laws of the United States. Electronic Controls Design Incorporated, 4287-B SE International Way, Milwaukie, Oregon 97222 USA.

YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION. ECD Software Agreement