| |
Acceptance
of Terms
Welcome to the website of Easy
Data Access, LLC ("EDA"). On this
website, EDA makes available to you a wide
range of information, software, products, downloads,
documents, communications, files, text, graphics,
publications, content, tools, resources, and
services.
PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this website
in any way, including, without limitation, browsing
the website, using any information, using any
content, using any services, downloading any
materials, and/or placing an order for products
or services, you agree to and are bound by the
terms of use described in this document. IF YOU
DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THE TERMS OF USE, DO NOT USE THIS
WEBSITE IN ANY MANNER. The Terms of Use are entered
into by and between EDA and you. If you are using
the website on behalf of your employer, you represent
that you are authorized to accept these Terms
of Use on your employer's behalf.
EDA reserves the right, at EDA's
sole discretion, to change, modify, update, add,
or remove portions of the Terms of Use at any
time without notice to you. Please check these
Terms of Use for changes. Your continued use
of this website following the posting of changes
to the Terms of Use will mean you accept those
changes.
Use of Materials Limitations
All materials contained in the
website are the copyrighted property of EDA.
All trademarks, service marks, and trade names
are proprietary to EDA, or its subsidiaries or
affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and
services on this website are for your personal
and non-commercial use, and you may not modify,
copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative
works from, transfer, or sell any information,
software, products or services obtained from
the website without the written permission from
EDA.
Privacy Policy
EDA respects your desire for privacy.
Your information may be stored and processed
in the United States or any other country in
which EDA or EDA representatives and affiliates
maintain facilities. This information is highly
protected and is stored in a secure and controlled
environment. By using this site, you consent
to any such transfer of information outside of
your country and you consent to the terms of
our Privacy Policy. EDA abides by the principles
set forth in the Safe Harbor framework as set
forth by the U.S. Department of Commerce regarding
the collection, use, and retention of data from
the European Union. EDA’s privacy policy
can be found at here.
Use of Software on the
Website
Any software that is made available
to download from the website ("Software")
is the copyrighted work of EDA. Use of the Software
is governed by the terms of the end user license
agreement, if any, which accompanies or is included
with the Software ("License Agreement"),
or as expressly stated on the website pages accompanying
the software. An end user will be unable to download
or install any Software that is accompanied by
or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made available
for download solely for use by end users according
to the License Agreement. Any use, reproduction
or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the
maximum extent possible. Absent a License Agreement
that accompanies the Software, use of the Software
will be governed by the Terms of Use.
WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT
ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, EDA, LLC. HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, EDA MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS MATERIALS
OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. EDA DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES
OR IN EDA SOFTWARE PRODUCTS.
Use of Documents and Publications
on the Website
Except as expressly prohibited
on this website, you are permitted to view, copy,
print and distribute publications and documents
within this website (such as FAQs, white papers,
datasheets, press releases and so on), subject
to your agreement that: a) your use of the information
is for informational, personal, and non-commercial
purposes only, b) you will not modify the documents,
publications or graphics, c) you will not copy
or distribute graphics separate from their accompanying
text and you will not quote materials out of
their context, d) you will display the below
copyright notice and other proprietary notices
on every copy you make, and e) you agree that
EDA may revoke this permission at any time and
you shall immediately stop your activities related
to this permission upon notice from EDA. Use
for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the
maximum extent possible.
The permission above to use documents
and publications does not include permission
to copy the design elements, look and feel, or
layout of this website. Those elements of the
website are protected by law, such as trade dress,
trademark, unfair competition, and other laws
and may not be copied or imitated in whole or
in part. No logo, graphic, sound or image from
the website may be copied or retransmitted unless
expressly permitted by EDA.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
EDA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND PUBLICATIONS AND RELATED
GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE, EDA AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL EDA AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
EDA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME WITHOUT NOTICE.
Disclaimers and Other Notices
on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS,
SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT
WARRANTY OF ANY KIND AND EDA HEREBY DISCLAIMS
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, EDA DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR
QUIET ENJOYMENT. IN NO EVENT SHALL EDA AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS WEBSITE, USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS,
PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY
AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
EDA ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS
ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS
OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS
AND DOCUMENTS AND IN ANY OTHER REFERENCE.
EDA MAY MAKE CHANGES TO THE WEBSITE,
INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS,
PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS
AND ANY OTHER INFORMATION AND MATERIALS ON THE
WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS
ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN
REFERENCES OR CROSS-REFERENCES TO EDA PRODUCTS,
PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED
OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES
DO NOT IMPLY THAT EDA INTENDS TO ANNOUNCE SUCH
PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
CONSULT AN EDA BUSINESS CONTACT FOR INFORMATION
REGARDING THE PRODUCTS, PROGRAMS, AND SERVICES
WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY
SITES WHICH ARE NOT UNDER THE CONTROL OF EDA
AND EDA IS NOT RESPONSIBLE FOR THE CONTENTS ON
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
EDA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. EDA IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY THAT EDA ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT
ON SUCH THIRD-PARTY SITES.
Accounts and Security
If any of the services on the website
requires you to open an account, you must complete
the registration process by providing us with
true, current, complete and accurate information
as prompted by the applicable registration form,
and you will maintain and promptly update such
information to keep it true, current, complete
and accurate. You also will choose a password
and a user name. You are entirely responsible
for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible
for any and all activities that occur under your
account. You agree to notify EDA immediately
of any unauthorized use of your account or any
other breach of security. EDA will not be liable
for any loss that you may incur as a result of
someone else using your password or account,
either with or without your knowledge. However,
you could be held liable for losses incurred
by EDA or another party due to someone else using
your account or password. You may not use anyone
else's account at any time, without the permission
of the account holder. You acknowledge and agree
that certain services may provide password-restricted
access to customer information such as names
and certain terms of your contracts. By using
this website and registering for such services,
you consent to EDA's display of such information
via the services and accept all risks of unauthorized
access to such information. If you provide any
information that is false, inaccurate, out of
date, or incomplete, or EDA has reasonable grounds
to suspect that such information is false, inaccurate,
not current, or incomplete, EDA may suspend or
terminate your account and refuse any and all
current or future use of the services or any
portion thereof. You are responsible for all
costs and charges, including without limitation,
phone charges and telecommunications equipment,
that you incur in order to use the services.
No Unlawful or Prohibited
Use
As a condition of your use of the
website, you will not use the website for any
purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use
the Services in any manner that could damage,
disable, overburden, or impair any EDA server,
or the network(s) connected to any EDA server,
or interfere with any other party's use and enjoyment
of the website. You may not attempt to gain unauthorized
access to services, materials, other accounts,
computer systems or networks connected to any
EDA server or to the website, through hacking,
password mining or any other means. You may not
obtain or attempt to obtain any materials or
information through any means not intentionally
made available through the website.
Use of Services on the
Website
The website may contain e-mail
services, bulletin board services, forums, and/or
other message or communication facilities designed
to enable you to communicate with others (each
a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication
Services only to post, send and receive messages
and material that are proper and, when applicable,
related to the particular Communication Service.
By way of example, and not as a limitation, you
agree that when using the Communication Services
or the website, you will not:
- Use the Communication Services or the website
in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages
(commercial or otherwise).
- 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, obscene,
obscene as to minors, child pornography, racist,
lewd, lascivious, filthy, excessively violent,
harassing, indecent, unlawful, or otherwise
objectionable topic, name, material or information.
- Upload, or otherwise make available, files
that contain images, photographs, software
or other material protected by intellectual
property laws, including, by way of example,
and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity)
unless you own or control the rights thereto
or have received all necessary consent to do
the same.
- Use any material or information, including
images or photographs, which are made available
through the website in any manner that infringes
any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs
that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods
or services for any business purpose, unless
such Communication Services specifically allows
such messages.
- Download any file posted by another user
of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in
such manner.
- Falsify or delete any copyright management
information, such as 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.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of
misleading others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
any directory of users of the Communication
Services or other user or usage information
or any portion thereof.
- Use any EDA domain name as a pseudonymous
return email address for any communications
that you transmit from another location or
through another service.
- Transmit unsolicited or bulk communications
to any EDA account holder or to any EDA.com
or affiliated email address (regardless of
whether you use the website to transmit any
such communication).
- Disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than
other users of the website are able to type,
or otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges.
EDA has no obligation to monitor
the Communication Services. However, EDA reserves
the right to review materials posted to the Communication
Services and to remove and/or edit any materials
in its sole discretion. EDA reserves the right
to terminate your access to any or all of the
Communication Services at any time, without notice,
for any reason whatsoever.
EDA reserves the right at all times
to disclose any information as EDA deems 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 EDA's sole
discretion.
Always use caution when giving
out any personally identifiable information about
yourself or your children in any Communication
Services. EDA does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, EDA specifically
disclaims any liability with regard to the Communication
Services and any actions resulting from your
participation in any Communication Services.
Managers and hosts are not authorized EDA spokespersons,
and their views do not necessarily reflect those
of EDA.
Materials uploaded to the Communication
Services 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 EDA
or Posted to the Website
Unless otherwise specified, EDA
does not claim ownership of the materials you
provide to EDA (including, without limitation,
information, ideas, concepts, techniques, feedback,
data, questions, comments and suggestions, or
the like) or post, upload, input or submit to
the website or its associated services for review
by EDA, the general public, and/or by the members
of any public or private community (each a "Submission" and
collectively "Submissions"), and such
Submissions shall be deemed not to be confidential.
However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission
you are granting EDA, its affiliated companies
and necessary sub licensees permission to use
your Submission in connection with the operation
of their businesses (including, without limitation,
all EDA services), including, without limitation,
the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce,
edit, modify, translate and reformat your Submissions;
to publish your name in connection with your
Submission; develop, manufacture, and market
products incorporating such ideas, concepts,
or techniques, and the right to sublicense such
rights to any supplier of the services and/or
materials on the website.
No compensation will be paid with
respect to the use of your Submission, as provided
herein. EDA is under no obligation to post or
use any Submission you may provide and EDA may
remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant
and represent that you own or otherwise control
all of the rights to your Submission as described
in these Terms of Use including, without limitation,
all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
You acknowledge that EDA does not
pre-screen Submissions, but that EDA and its
designees have the right (but not the obligation)
in their sole discretion to block or restrict
access to or the availability of, or to disable,
any Submissions that is available via the website.
Without limiting the foregoing, EDA and its designees
may disable, restrict access to or the availability
of, any Submissions that violates the Terms of
Use or is otherwise objectionable. You must evaluate,
and bear all risks associated with, the use of
any Submissions, including any reliance on the
accuracy, completeness, or usefulness of such
Submissions.
You understand that all Submissions,
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
whom such Submissions originated. This means
that you, and not EDA, are entirely responsible
for all Submissions that you upload, post, provide,
input, submit, or otherwise transmit via the
website. EDA does not control the Submissions
posted via the website and, as such, does not
guarantee the accuracy, integrity or quality
of such Submissions. You understand that by using
the website, you may be exposed to Submissions
from others that are offensive, indecent or objectionable.
Spam E-mail and Postings
You agree that EDA would be irreparably
harmed by the use, by you or others, of the website
or facilities in connection with the transmission
of spam newsgroup postings or unsolicited e-mail
in violation of these Terms of Use, and that
EDA is entitled to obtain injunctive relief against
any such transmission (in addition to all other
remedies available at law or in equity). EDA
reserves the right to block, filter or delete
unsolicited e-mail.
Indemnity
You agree to indemnify, defend
and hold EDA, and its subsidiaries, affiliates,
officers, agents, co-branders, partners, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by
any third party due to or arising out of your
Submissions, your use of the website, including
any use by your employees, your connection to
the website, your violation of the Terms of Use,
or your violation of any rights of another.
General Information
The Terms of Use constitute the
entire agreement between you and EDA and govern
your use of the website, superseding any prior
agreements between you and EDA on the subject
matter (including, but not limited to, any prior
versions of the Terms of Use). Notwithstanding
the prior provision, to the extent, and only
to the extent, that any terms set forth in this
Terms of Use expressly contradicts any terms
of a prior written agreement between you and
EDA in effect as of the date of your use of the
website and specifically regarding your use of
the website ("Executed Agreement"),
such contradictory terms set forth in the Executed
Agreement shall govern. You also may be subject
to additional terms and conditions that may apply
when you use other EDA services, third-party
content or third-party software. You must not
assign or otherwise transfer the
Terms of Use nor any right granted
hereunder.
The failure of EDA to exercise
or enforce any right or provision of the Terms
of Use does not constitute a waiver of such right
or provision. If a court of competent jurisdiction
finds any provision of the Terms of Use to be
invalid, the parties nevertheless agree that
the court should endeavor to give effect to the
parties' intentions as reflected in the provision,
and the other provisions of the Terms of Use
remain in full force and effect. Regardless of
any statute or law to the contrary, any claim
or cause of action arising out of or related
to use of the website or the Terms of Use must
be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the Terms of Use are for
convenience only and have no legal or contractual
effect. |