CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE VIEWING THIS WEBSITE (PROGRAM). PROCEEDING IN THE PROGRAM INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED IN THE PROGRAM.
AS USED IN THIS AGREEMENT, “WE”, “US” OR “OUR” REFER TO THE OREGON CENTER FOR APPLIED SCIENCES, INC. (“ORCAS”), AN OREGON CORPORATION. “YOU” OR “YOUR” REFERS TO THE PURCHASER AND/OR USER OF THIS PRODUCT.
1. WARNING. GENERAL INFORMATION ONLY.
THE CONTENT CONTAINED IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, VIDEO, AUDIO, ANIMATIONS, AND INFORMATION OBTAINED FROM LINKS AND OTHER MATERIAL (“CONTENT”), IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IF YOU HAVE QUESTIONS SPECIFIC TO YOUR OWN WORKSITE, YOU SHOULD CONSULT A SUPERVISOR AT YOUR PLACE OF EMPLOYMENT FOR JOB-SPECIFIC ANSWERS. WE ASSUME NO RESPONSIBILITY FOR THE INFORMATION CONTAINED IN THE PROGRAM AND SUGGEST YOU OBTAIN COUNSEL SPECIFIC TO YOUR INSTITUTION’S SITUATION.[these sentences are for worksite intranet versions only, remove if public website.
THE CONTENT CONTAINED IN THE PROGRAM IS COMPILED FROM A VARIETY OF SOURCES (“INFORMATION PROVIDERS”). INFORMATION OBTAINED FROM THE PROGRAM IS NOT EXHAUSTIVE, SHOULD NOT BE CONSIDERED COMPLETE, AND DOES NOT COVER ALL SITUATIONS.
2. LICENSE AGREEMENT
(a) Acknowledge that the program contained on this website (“the Program”) and underlying ideas, algorithms, source code, concepts, procedures, processes, principles, and methods of operation are confidential and contain trade secrets, and you will use your best efforts to maintain their confidentiality.
(b) May not transfer this license to another party.
(c) May not decompile the Program.
(d) MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR ANY CODE RELATED TO THE PROGRAM WITHOUT OUR EXPRESS WRITTEN PERMISSION.
You agree that all intellectual property rights in the Program are owned by ORCAS. This includes, but is not limited to, all graphs, graphics, photographs, texts, sounds, data, audio and video clips available on the Program. Without limiting the generality of the preceding sentence, the Program and user manuals are copyrighted and are protected under United States and international copyright. Our copyright protection claim also includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, including, without limitation, material generated from the software programs that are displayed on the screen such as icons and screen displays.
Information received through the Program may be displayed, reformatted and printed for your personal non-commercial use only. You agree not to reproduce, retransmit, disseminate, sell, publish, broadcast or circulate the information received through the Program to anyone.
4. WARRANTY DISCLAIMER
You acknowledge that, in connection with the Program, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of ORCAS. Accordingly, ORCAS assumes no liability for or related to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with the Program. ORCAS and Information Providers cannot and do not guarantee or warrant that files available for downloading from the Program will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
ORCAS and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. ORCAS and Information Providers do not warrant or guarantee that the functions or services performed on the Program will be uninterrupted or error-free or that defects in the Program will be corrected. Users of the Program are responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to ORCAS for the reconstruction of any lost data.
THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF THE CONTENT.
5. LIMITATION OF REMEDIES AND LIABILITY
NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PROGRAM SHALL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF ANY KIND INCLUDING ECONOMIC OR PERSONAL INJURY, OR LOSS OF ANY ANTICIPATED BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PROGRAM, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY.
Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We are, and shall remain, the sole and exclusive owner of the Program, any copies of the Program, and of any user manuals. We have all proprietary rights in the Program and user manuals, including, but not limited to, all processes, ideas, and data supplied by us to you.
7. TERMINATION OF LICENSE
We may cancel, at our sole discretion, any License for violation of the terms of this License. In addition, we may seek any legal or equitable remedy available against you for any violation of the terms of this License.
You are encouraged to use discretion while browsing the Internet on searches initiated at the Program either from Program links or from websites mentioned in the Program. Such Program links or websites may unintentionally lead to sites containing information that some people may find inappropriate or offensive. They also may lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. We make no representations concerning any effort to review all of the content of sites for which links or websites are provided on the Program. We do not, in any way, operate, control or endorse any information, products or services provided by third parties on the Internet. The inclusion of any link or website address in the Program does not imply any endorsement by us but is for your reference and convenience only.
9. PUBLIC AREAS
This program may include features such as blogs, forums, chat rooms (Public Areas) that allow you to comment, ask questions, or otherwise add to the information visible on this website. Use of these Public Areas implies that you agree to these Terms and Conditions:You will not use the Public Area for any purpose in violation of the law, be it local, state, national, or international.
You will not infringe on the intellectual property rights or the right to privacy of others by posting any material.
You will not post any obscene, defamatory, abusive, slanderous, or threatening materials, as determined by ORCAS.
You will not post disruptive comments, such as comments not related to the topic under discussion.
You will not impersonate another person, post advertisements of any type, or post chain letters or pyramid schemes.
You will not distribute viruses or other harmful software.
You will not collect information about others, including email addresses, without their consent.
You will not allow any other person to use your identity for posting or viewing comments.
ORCAS may do any or all of the following:
Remove any comment or posting by any user, for any reason, without notice or explanation.
Record posted comments or chat room dialog. We may also monitor, edit, or disclose any communication in the Public Areas.
Terminate a user’s access to any or all Public Areas and/or the website upon any breach of these Terms and Conditions.
ORCAS, HCI and our licensees have no liability or responsibility to users of this program for performance or nonperformance of these activities.
ORCAS RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE PROGRAM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
ORCAS reserves the right to change, add, or discontinue sections of the Program as needed and without notice.
11. NO OTHER AGREEMENTS
Our agents, employees, distributors, and dealers are not authorized to modify this License or to make statements, representations, or terms binding on us. Accordingly, any statements, representations, or terms not made or given directly and expressly by us, such as dealer-advertising presentations, whether oral or written, are not binding on us.
(a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-laws principles. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against any of the parties in Lane County Circuit Court of the State of Oregon, or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
(b) Severability. If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired.
(c) Entire Agreement. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT BY USING THE PROGRAM YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE. YOU FURTHER AGREE THAT THIS LICENSE IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, AND ANY AND ALL OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE.