1. Use of Web Site Information: You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this We Site in whole or in part without the express authorization of Henning Industrial Software, Inc.
2. Use of Software: Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Henning Industrial Software, Inc. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Passwords and Security: You are responsible for maintaining the confidentiality of any password(s) or authorized license code(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s) or authorized license code(s). You agree to notify Henning Industrial Software, Inc. immediately of any unauthorized use of your password(s) or authorized license code(s). Henning Industrial Software, Inc. is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
4. Termination of Use: You agree that Henning Industrial Software, Inc. may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Henning Industrial Software, Inc.
5. Disclaimer: EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HENNING INDUSTRIAL SOFTWARE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HENNING INDUSTRIAL SOFTWARE, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. HENNING INDUSTRIAL SOFTWARE, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. HENNING INDUSTRIAL SOFTWARE, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
6. Limitation of Liability: IN NO EVENT SHALL HENNING INDUSTRIAL SOFTWARE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnity: You agree to defend, indemnify and hold harmless Henning Industrial Software, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
9. Export Restrictions/Legal Compliance: You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Henning Industrial Software, Inc. in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Henning Industrial Software, Inc. outside the U.S. Neither the services of Henning Industrial Software, Inc. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Applicable Laws: All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Ohio. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Summit County, Ohio. You and Henning Industrial Software, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
11. Copyright/Trademark Information: Copyright © 2008, Henning Industrial Software, Inc., 102 First Street Suite 211, Hudson OH 44236. All rights reserved. Henning Industrial Software, Inc. and all Henning products or service names, slogans or logos referenced in this Site are trademarks of Henning Industrial Software, Inc. Other companies, products or service names appearing on the Site may be trademarks of their respective owners. No use of any Henning Industrial trademark or third party trademark used herein is permitted without the prior written consent of Henning Industrial Software or the third party owner of such mark.