- AGREEMENT TO TERMS AND CONDITIONS OF USE
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.
- OWNERSHIP OF SITE
- NOTICE SPECIFIC TO SOFTWARE AND DOCUMENTATION 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 re-transmission 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.
- 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 contained in the Documents, (2) such use is 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 SITE FOR 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.
- 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 MATERIALS PUBLISHED ON, OR DOWNLOADABLE FROM, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ECHELON AND ITS SUPPLIERS RESERVE THE RIGHT TO, AND MAY MODIFY THEM AT ANY TIME.
- 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, tortuous, 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 duplicate 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.
- 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 anti-terrorism 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.
- 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 are based upon information available to Echelon as of the date posted, and Echelon assumes no obligation to update any forward-looking statements, except as required by law.
- 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.
- PRIVACY AND SECURITY
- 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.
- 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.
- 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.
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.
- GOVERNING LAW AND DISPUTE RESOLUTION
- TERMINATION OR SUSPENSION OF ACCESS
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.
- 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’.
Copyright© 2018 Echelon Corporation, 2901 Patrick Henry Drive, Santa Clara, CA 95054, U.S.A. Any rights not expressly granted herein are reserved.
Last Revised: 5/25/2018