PLEASE READ CAREFULLY.
These Terms and Conditions ("Terms") govern your
access to and use of this Osirys Computer Systems, LLC.
("Osirys") Web site ("Site"). Some content accessible
through this site is subject to additional terms and
conditions. To the extent that any provision of those
additional terms and conditions conflicts with these Terms,
those additional terms and conditions shall prevail. IF YOU
DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR
USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GENERAL. Osirys
does not warrant that the contents of this Site are
error-free. Information on this Site may contain technical
inaccuracies and/or typographical or other types of errors
and may be changed or updated at any time without notice.
Osirys may also make improvements and/or changes in the
products and/or programs described on this Site at any time
without notice. Osirys will use reasonable efforts to place
accurate and up-to-date information on this Site but makes
no warranty of its accuracy, completeness and/or timeliness.
You acknowledge that your use of any information available
through this site is at your own risk.
WARRANTY DISCLAIMER. THE MATERIALS ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO THE APPLICABLE LAW, OSIRYS DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
OSIRYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR
THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE
MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
DEALER LOCATOR DISCLAIMER
- Osirys offers Dealer Locator as an informational service
only, it is not an endorsement or recommendation - implied
or otherwise - of any of the listed companies. Each company
listed is independent from Osirys and is not under the
control of Osirys, therefore, Osirys accepts no
responsibility for and disclaims any liability from the
actions of the listed companies. You should make your own
independent evaluation before conducting business with any
company. Dealer information on this site was believed
accurate when posted; however it may change without our
knowledge. Please contact
Osirys with updated information.
LIMITATION OF LIABILITY. IN NO EVENT WILL OSIRYS BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR
OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON
ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD PARTY
SITES. There are links on this Site that will permit
you to travel to other, third-party sites over which Osirys
has no control. These links are provided for your
convenience only and your use of them is at your own risk.
Osirys makes no representations whatsoever about the content
of any of these other web sites, or about any of the links
contained in the Web sites that you may access through this
Site. Osirys does not endorse or accept any responsibility
for the content, or use, of any such linked web sites.
DOWNLOADABLE SOFTWARE.
There are inherent dangers in the use of any software
available for downloading on the Internet, and Osirys
cautions you to make sure that you completely understand the
potential risks before downloading any of the software
(including the potential infection of your system by
computer viruses). You are solely responsible for adequate
protection and backup of the data and equipment used in
connection with any of the software and assume all risks
associated with any downloaded software.
JURISDICTION AND
GOVERNING LAW. This Site is maintained, controlled,
operated and administered by Osirys from within the United
States of America (U.S.). Osirys makes no representation
that materials at this site are appropriate for use at
locations outside of the U.S. and access to this Site from
countries where its content or operation is illegal is
prohibited. If you access this Site from a location outside
of the U.S., you are responsible for compliance with all
local laws. The use of this site, its content and these
Terms is governed by the laws of the State of Wyoming,
without regard to its conflict of laws provisions. Any legal
proceeding arising out of the use of this Site, its content
or these Terms must be brought in Wyoming and must be
brought within one year after the claim or cause of action
arises or it is barred. By using this site, you irrevocably
submit to the jurisdiction of the State and Federal courts
located in Wyoming. If for any reason a court of competent
jurisdiction finds any provision of these Terms to be
unenforceable, that provision will be enforced to the
maximum extent permissible so as to effect the intent of
these Terms, and the remainder of these Terms will continue
in full force and effect.
INTERNATIONAL TRADE
COMPLIANCE. The goods licensed or sold under this
Agreement, and the transaction contemplated by this
Agreement, which may include technology and software, are
subject to the customs and export control laws and
regulations of the United States ("U.S.") and may also be
subject to the customs and export laws and regulations of
the country in which the products are manufactured or
received. Further, under U.S. law, the goods shipped under
this Agreement may not be sold, leased or otherwise
transferred to restricted countries, or used by a restricted
end-user or an end-user engaged in activities related to
weapons of mass destruction including, without limitation,
activities related to designing, developing, producing or
using nuclear weapons, materials, or facilities, missiles or
supporting missile projects, or chemical or biological
weapons. You acknowledge that it is your responsibility to
comply with and abide by those laws and regulations, and
that any customer or vendor that you request Osirys to route
product to directly has also been made aware of the
associated export controls.
COPYRIGHT AND TRADEMARK.
The copyright in all material provided on this Site is held
by Osirys or by the original creator of the material. Except
as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted, framed or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior
written permission of Osirys or the copyright owner.
Permission is granted to display, copy, distribute and
download the materials on this Site for personal,
non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other
proprietary notices contained in the materials. You also may
not, without Osirys' permission, "mirror" any material
contained on this Site on any other server. This permission
terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy
any downloaded and printed materials. Any unauthorized use
of any material contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
CONFIDENTIAL INFORMATION.
You may be given access to Osirys confidential information
through this site or links from this site. You may not
disclose Osirys confidential information to any third party
without the written consent of Osirys. You must protect
Osirys confidential information with at least the same
degree of care that is accorded to your confidential
information, but in no event less than reasonable care.
Osirys confidential information includes, but is not limited
to - all non-public information regarding Osirys, its
intellectual property or its products, quantity and prices
of products purchased, design and development data,
engineering details, CAD drawings, sales and marketing
plans, unannounced products, any information marked as
"confidential" or "proprietary" or similarly marked, or any
information that, if disclosed, might be competitively
detrimental to Osirys. You may enter into separate
non-disclosure agreements with Osirys governing specific
disclosures. To the extent the terms governing a specific
disclosure are more restrictive than the terms in this
paragraph, the more restrictive terms will control for the
specific disclosure.
PASSWORD AND USER NAME.
Access to some content accessible from this Site is password
controlled. By registering for an account, a password and
the right to use this site, you are certifying that you are
an authorized representative of your company with the right
to bind your company to these Terms (and any additional
terms necessary for access to password controlled content)
and that all information provided in the registration
process is accurate and correct. You further certify that
any purchase orders placed by you are with the full
authority to bind your company and any information provided
by you in availing yourself to any of the services
accessible through this site is true and accurate. Your user
name and password are unique to you/your company. You are
solely responsible for maintaining the confidentiality of
your user name, password and access to your account. You are
solely responsible for any and all activities that occur
under your user name and password. You agree to notify
Osirys immediately of any unauthorized use of your user
name, password or account or any other breach of security.
Osirys will not be liable for any loss that you may incur as
a result of someone else using your user name, password or
account, either with or without your knowledge. However, you
could be held liable for losses incurred by Osirys as a
result of the misuse of your user name, password or account.
SUBMISSION OF INFORMATION
OR MATERIALS. Except for the details of your product
orders, and confidential and/or proprietary information or
materials covered by an existing non-disclosure agreement -
you agree that any information or materials that you submit
to Osirys via this Site or any email links provided on this
site will not be considered confidential or proprietary. By
submitting information or materials to Osirys via this Site
or email links provided therein, you represent that you have
the authority to grant and in fact do grant to Osirys an
unrestricted, irrevocable, worldwide, royalty-free license
to use, reproduce, display, publicly perform, transmit and
distribute such information and materials world-wide, in
whole or in part, and you further agree that Osirys is free
to use any ideas, concepts or know-how that you submit for
any purpose.
EMAIL FROM Osirys.
Osirys may from time to time send you email. You acknowledge
that such emails are sent with your consent and permission.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. Osirys's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Osirys may revise these Terms at any time without notice by updating this posting. Your continued use of this Site after the posting of any changes to these Terms constitutes your acceptance of those changes. To view the most current version of these Terms at any time, click on the "Terms" hypertext link available on this Site.
Revised: 08/11/13