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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
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