1. AGREEMENT TO TERMS AND CONDITIONS OF USE

    The following terms and conditions of use ("Terms of Use") apply to all visitors to or users of the Web site at www.echelon.com and associated sites linked to www.echelon.com by Echelon Corporation (“Echelon”), its subsidiaries and affiliates (collectively, the “Site”) and to any services provided through the Site (“Services”) or software (“Software”) made available to download from the Site.   Use of certain Services, Software or features of the Site may be subject to additional terms, guidelines or rules, which will be posted on the Site or made available in connection with access to such Services, Software or features.

    By accessing this Site or using the Site, Services or Software, you, as the visitor or user, acknowledge your acceptance of these terms and conditions. If you are accessing or using the Site, Services or Software on behalf of a company, entity or organization, you represent and warrant that you are an authorized representative of such company, entity or organization with the authority to bind it to these Terms of Use.

    Echelon reserves the right, in its sole discretion, to modify these Terms of Use at any time. It is your responsibility to check these Terms of Use from time to time, as your continued access to or use of this Site following the posting of modifications will mean that you accept and agree to the modifications.

    These Terms of Use are subject to occasional revision.  If Echelon makes any substantial changes, you hereby agree that Echelon may notify you by sending you an e-mail to the last e-mail address you provided to Echelon (if any) and/or by prominently posting notice of the changes on the Site, in Echelon’s sole discretion.  Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following sending an e-mail notice to you (if applicable) or thirty (30) calendar days following Echelon’s posting of notice on the Site.  These changes will be effective immediately for new visitors or users.  You are responsible for providing Echelon with your most current e-mail address.  In the event that the last e-mail address that you have provided Echelon is not valid, or for any reason is not capable of delivering to you the notice described above, Echelon’s sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Continued use of the Site, Services or Software following notice of such modifications shall indicate your acknowledgement of such changes and agreement to be bound by such changes. 

    If you do not agree with all of the provisions of these Terms of Use, do not access or use the Site, Services, Software or Documentation.

  2. OWNERSHIP OF SITE

    The content and elements of the Site, including its design and layout, are the property of Echelon and its suppliers;are protected by copyright, trade dress and other laws; and may not be copied or imitated in whole or in part, with all rights reserved. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Echelon's express prior written consent.

  3. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

    All Software is the copyrighted work of Echelon or its suppliers.  Use of such Software is governed in accordance with (i) the license agreement accompanying the file, (ii) the license agreement presented upon download of the file, or (iii) the terms of the license agreement which accompanied the original product licensed by you which you are updating, whichever may be indicated for the particular Software.  No one is authorized to download or use any Software that is accompanied by or includes a license agreement, unless he or she first agrees to the terms of the license agreement terms. Any reproduction, redistribution or retransmission of Software not in accordance with the applicable license agreement is expressly prohibited.

    THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT THAT ACCOMPANIED THE FILE OR ORIGINAL PRODUCT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT ACCOMPANYING THE FILE OR PRODUCT, ALL SOFTWARE IS PROVIDED "AS IS", AND ECHELON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENT AND THEIR EQUIVALENTS.

  4. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

    All documents (such as white papers, press releases, datasheets and FAQs) posted on this Site("Documents")are the copyrighted work of Echelon or its suppliers, with all rights reserved. You are granted permission to use the Documents, provided that (1)you do not remove any proprietary notices or legends containedin the Documents, (2) such useis for informational and non-commercial or personal use and the Documents are not posted on any other website or broadcast in any media, (3) you do not make any modifications to the Documents, and (4) you do not make any additional representations or warranties with respect to such Documents.

    ECHELON AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITEFOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ECHELON AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THEIR EQUIVALENTS.

  5. LIMITATION OF LIABILITY FOR SITE ACCESS, SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.

    IN NO EVENT SHALL ECHELON AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL 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 OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: THE SITE, INCLUDING ACCESS TO OR INABILITY TO ACCESS THE SITE; THE USE OR PERFORMANCE OF SOFTWARE; DOCUMENTS AND INFORMATION CONTAINED THEREIN; PROVISION OF OR FAILURE TO PROVIDE SERVICES; OR ANY OTHER INFORMATION AVAILABLE FROM THIS SITE.

    THE SOFTWARE, DOCUMENTS OR OTHER MATERIALSPUBLISHED ON, OR DOWNLOADABLE FROM, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ECHELON AND ITS SUPPLIERS RESERVE THE RIGHT TO , AND MAY,MODIFY THEMAT ANY TIME.

  6. USER OBLIGATIONS

    You agree to use the Site, Services, Software and Documentation in a lawful manner. You acknowledge and agree that forging headers or otherwise manipulating identifiers in order to disguise your identity or the origin of any message that you transmit in connection with your use of the Site and Services is strictly forbidden.

    You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or that otherwise constitutes objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

    In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users of the Site; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; or (f) introduce software, automated agents, or scripts to the Site or Services, so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

  7. COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS; U.S. GOVERNMENT-RESTRICTED RIGHTS

    Access to and use of this Site is governed by all applicable federal, state and local laws. Technical information and Documents on this Site, as well as Software downloadable from this Site, are subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to comply with all applicable export control laws and regulations of the United States and any other applicable jurisdiction (“Export Laws”) in connection with your access to and use of the Site, Services, Software and Documentation, and agree that You will not sell, export, re-export, transfer, divert, or otherwise dispose of any portion of the Site, Services, Software and Documentation to any country (or national thereof) subject to antiterrorism controls or U.S. embargo, or to any other person, entity, or destination prohibited by the Export Laws, without obtaining appropriate authorization. You warrant that you are not prohibited under the Export Laws from accessing or using the Site, Services, Software and Documentation. You agree to indemnify, to the fullest extent permitted by law, Echelon from and against any fines or penalties that may arise as a result of your breach of this provision.

    All Echelon products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013, DFARS 252.227-7015 and FAR 52.227-19. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of these Terms of Use and shall be prohibited except to the extent expressly permitted by these Terms of Use.

  8. SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS

    This Site may contain statements relating to future plans, events or performance, or expectations or beliefs, any of which may be deemed forward-looking statements. These forward-looking statements are subject to material risks and uncertainties that could cause actual results, events or performance to differ materially from those expressed or implied in the forward-looking statements. These risks and uncertainties may include such matters as the timing and level of customer orders, demand for products and services, development and growth of markets for Echelon's products and services, prospective product features and performance, business and economic conditions, competition in the industry, and other risks identified in Echelon's filings with the Securities and Exchange Commission (“SEC”). Forward-looking statements statements are based upon information available to Echelon as of the date posted, and Echelon assumes no obligationto update any forward-looking statements, except as required by law.

  9. ACCOUNT CREATION AND RESPONSIBILITY.

    In order to use certain features of the Site (e.g., to use the Services or download Software), you may be required to register for an account with Echelon (“Account”) and provide certain information as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may de-activate your Account at any time, for any reason, by following the instructions on the Site. As well, Echelon may, but is under no obligation to, suspend or terminate your Account, in accordance with rules, regulations, laws, and Echelon’s policies and practices in effect from time to time. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree to immediately notify Echelon of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security that relates to your Account or your use of the Site, Services or Software. Echelon is not liable for any loss or damage arising from your failure to comply with the above requirements.

  10. PRIVACY AND SECURITY.

    Use of the Site and the Services is governed by Echelon’s then in effect, and its terms are made a part of these Terms of Use. Additionally, while Echelon has endeavored to create a secure Site, you should understand that the confidentiality of any information transmitted to or from the Site or stored by Echelon on its servers cannot be guaranteed. Please see Echelon’s Privacy Policy for further information on how it handles personal data.

  11. THIRD-PARTY STATEMENTS ON ECHELON'S WEB SITE

    Echelon may, but is not obligated to, monitor or review statements made by third parties on Echelon's web site. Users or other third parties may post statements or information on some portions of the Echelon web site from time to time. Echelon makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. Echelon expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

  12. COPYRIGHT POLICY

    We respect the intellectual property of others and ask that you do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the participation on our online Site and Services of users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please contact our Marketing department and provide in writing such information necessary to comply with laws and regulations and Echelon’s policies and practices. Such information may include, but is not limited to:

    • your physical or electronic signature;
    • identification of the copyrighted work(s) that you claim to have been infringed;
    • identification of the material on our Site that you claim is infringing and that you request us to remove;
    • sufficient information to permit us to locate such material;
    • your address, telephone number, and e-mail address;
    • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

    Please note that, pursuant to 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material is infringing may be liable for any damages, including costs and attorneys’ fees, incurred by us (and others) resulting from the written notification and allegation of copyright infringement.

  13. LINKS TO THIRD PARTY SITES

    This Site may contain links to websites operated by independent third parties (“Linked Sites”). The linked sites are not under the control of Echelon and Echelon is not responsible for the contents of any linked site or any link contained in a linked site. Echelon provides these links to you only as a convenience, and does not review, monitor, endorse, warrant or make any representation with respect to linked sites. YOU ACCESS AND USE THESE LINKED SITES AT YOUR OWN RISK.

  14. FEEDBACK

    By transmitting to us any feedback or suggestions regarding the Site, Services, Software or Documents ("Feedback"), you represent and warrant that the Feedback does not infringe or violate the intellectual or proprietary rights of any third party. In addition, you hereby assign to us all right, title and interest in and to the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

  15. INDEMNITY.

    You agree to indemnify and hold Echelon (and its officers, employees, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party with respect to or arising out of (i) your use of the Site, Services, Software or Documentation, (ii) your breach of these Terms of Use, or (iv) your violation of applicable laws or regulations. Echelon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Echelon and you agree to cooperate with its defense of such claims. You agree not to settle such matter without Echelon’s prior written consent.

  16. GOVERNING LAW AND DISPUTE RESOLUTION

    You agree that all matters relating to your access to or use of the Site, Services, Software or Documentation provided herein, including all disputes, will be governed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arose, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. Recovery on any claim shall be subject to the damages limitations set forth in these terms of use.

  17. TERMINATION OR SUSPENSION OF ACCESS

    You agree that Echelon may, in its sole discretion and without prior notice, terminate or suspend your access to the Site or Services if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, Services, Software or Documents, as well as seeking any other remedies available at law or in equity. In addition, Echelon may terminate your access to the site, in the event of (1) requests by law enforcement or other government agencies, (2) a request by you to delete your account, (3) discontinuance or material modification of the Site or any Service, (4) unexpected technical issues or problems, or (5) Echelon’s belief, in its sole discretion, that such termination or suspension is required by applicable law or is otherwise appropriate. IN NO EVENT SHALL ECHELON BE LIABLE FOR ANY DAMAGES RESULTING FROM THE TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE SITE OR SERVICES.

  18. TRADEMARKS

    A list of Echelon’s trademarks and trade names are listed on the Site under “Intellectual Property” All rights are reserved. Any use of Echelon’s trademarks or trade names by any third party is subject to Echelon’s prior written approval, and must conform to Echelon’s Usage Guidelines. Other trademarks referenced on the Site belong to their respective holders.

  19. UNSOLICITED SUBMISSIONS

    In the event you submit any unsolicited ideas, original creative artwork, comments, suggestions or other works of any type whatsoever and regardless of media ( each a "Submission") to this Website, you hereby agree with respect to each such Submission, and notwithstanding any notice or marking included thereon or terms included therewith, that: (1) your Submission and the contents thereof automatically and immediately will become the property of Echelon, without restriction, and without any compensation due to you or any third party; (2) Echelon will have the right, in its sole discretion to use, modify, create derivative works from, publish or redistribute all or any portion of any Submission for any purpose and in any way, without any obligation, liability or compensation to you whatsoever; (3) there is no obligation for Echelon to review, retain or return any Submission; and (4) there is no obligation to keep any Submission confidential. Any Submission made to Echelon without a prior written agreement signed by Echelon and specifying contrary terms will be deemed 'unsolicited'.

  20. GENERAL

    These Terms of Use, together with the other documents and agreements expressly referenced herein, constitute the entire agreement between you and Echelon with respect to your access and use of the Site, Services, Software and Documentation,and supersede any other communications or advertising with respect to the foregoing. The waiver of a breach of any term hereof shall not be construed as a waiver of any other term or breach hereof. If any provision of these Terms of Use is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms of Use shall continue in full force and effect. You may not assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Echelon. Subject to the foregoing sentence, these Terms of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns; provided, however, that, except as expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

    Copyright© 2014 Echelon Corporation, 550 Meridian Avenue, San Jose, CA 95126 U.S.A. Any rights not expressly granted herein are reserved.

Contacts

Toll Free

+1 888-ECHELON

General Inquiries

info@echelon.com