| |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
END USER LICENSE AGREEMENT (EULA)
|
|
|
|
|
|
| |
|
|
|
|
IMPORTANT: PLEASE READ CAREFULLY
|
|
|
|
|
|
| |
Your use of the
software, software as a service or other subscription, application or program
(“Program”) and any user interfaces, descriptions, data, and/or any other
information in any media or form whatsoever including user manuals or other
documentation, drawings, specifications, certifications, tests and test
results, catalogues and other promotional materials, data, images, sound
recordings, multi-media and other presentations or materials (“Information”)
which you may download or otherwise access from this site is subject to the
following terms and conditions and to Parker’s Privacy Policy, Terms of Use,
Cookie Policy, Offer of Sale, and Safety Guide (collectively “Terms and
Conditions”) to the extent not inconsistent or in conflict with the terms of
this EULA. If you do not wish to accept these Terms and Conditions, you are
not permitted to use the Program or the Information.
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
Terms and Conditions
|
|
|
|
|
|
| |
1. WARNING.
YOU ARE STRONGLY ADVISED TO EXERCISE CAUTION IN YOUR USE OF THE PROGRAM AND
INFORMATION AND ANY RESULTS OR OUTPUT GENERATED THEREBY. IMPROPER USE OF ANY
OF THE SAME CAN CAUSE DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE. YOU ARE
SOLELY RESPONSIBLE FOR HOW THE PROGRAM AND INFORMATION, AND ANY RESULTS OR
OUTPUT THEREOF, ARE USED AND FOR PREVENTING ANY DAMAGE TO ANY USER OF ANY
MATERIAL, COMPONENT, OR SYSTEM SELECTED, SPECIFIED, OR DESIGNED THEREWITH OR
TO ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS, OR ANY OTHER PERSONS ARISING OUT
OF ANY USE OR MISUSE OR ALTERATION OF THE PROGRAM OR INFORMATION, OR ANY
RESULTS OR OUTPUT THEREOF WHETHER OR NOT INTENTIONAL, INCLUDING ANY ERROR,
OMISSION, MISSTATEMENT OR DELETION IN OR OF THE PROGRAM OR INFORMATION, OR
THE RESULTS OR OUTPUT THEREOF.
|
| |
The Program and Information may provide
material, component and/or system options for further investigation by users
having technical expertise, and is provided solely for use by users having
such expertise. Before selecting or using any material, component or system,
it is important that you analyze all aspects of your application. Due to the
variety of operating conditions and applications which may be encountered,
the user, through your own analysis and testing, is solely responsible for
making the final selection and approval of any material, component or system
and assuring that all performance, safety and warning requirements of the
application are met. Final acceptance and approval of the material, component
or system must be made by the user after testing its performance and
endurance in the entire application under all conditions which might be
encountered.
|
| |
The Program and Information may be
updated, obsoleted, or otherwise changed by Parker at any time without
notice, and you are solely responsible for maintaining Program and
Information current in your permitted uses thereof.
|
| |
2. Copyright. The Program and Information are protected by copyright, and
are owned exclusively by Parker-Hannifin Corporation, 6035 Parkland
Boulevard, Cleveland, OH 44124, and/or its parents, subsidiaries, affiliates
and third party licensors ("Parker”). Nothing in these Terms and
Conditions constitutes a waiver of Parker’s rights under United States or
international copyright laws or any other international, federal or state
law. Parker retains all rights not expressly granted under these Terms and
Conditions.
|
| |
3. Grant of License.
Parker hereby grants to you the end user, subject
to these Terms and Conditions, a personal, non-exclusive, non-sublicensable,
non-assignable, non-transferable, and limited license to use Program and
Information for your own internal use and only for the purpose of conducting
business with Parker. Any reproduction or redistribution of the Program not
in accordance with these Terms and Conditions is expressly prohibited.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PROGRAM or
INFORMATION TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
|
| |
4. Ownership. Except for any portions of the Program or Information owned or
controlled by Parker’s third party licensors, Parker retains the ownership of
the Program and Information, and any and all copies thereof. In no event
shall you obtain any greater right in and to the Program and Information than
a right in the nature of a license limited to the use thereof subject to
compliance with all of these Terms and Conditions. As to any Open Source
Software or other portions of the Program or Information owned or controlled
by Parker’s third party licensors, such portions may be subject to terms
separate from or in addition to these Terms and Conditions. Any such terms
are transferred rather than sublicensed to you. A copy any such terms may be
appended to these terms and Conditions.
|
| |
5. Prohibited Uses. You may not, without the prior, written permission of Parker:
|
| |
(a) Use, copy, modify, or merge copies
of all or any part of the Program and Information;
|
| |
(b) Reverse engineer, disassemble,
reverse translate, decrypt, or in any manner decode any part of
|
| |
the Program and
Information;
|
| |
(c) Distribute, sell, license, assign,
rent, sublicense, lease or otherwise transfer in any way all or any
|
| |
part of the Program
and Information; or
|
| |
(d) Remove any proprietary notices,
labels, or other markings on, in, or from the Program and
|
| |
Information.
|
| |
6. Term. This
license and your right to use the Program and Information shall automatically
terminate if you fail to comply with any of these Terms and Conditions.
Parker may at any time, without prior cause or notice, and in its sole
discretion: (a) modify, update, obsolete, revise, alter, change, withdraw, or
cancel the Program and Information or any module or other functionality
thereof; (b) terminate the license herein grant and/or your use of or access
to the Program and Information or any module or functionality thereof; and/or
(c) modify these Terms and Conditions and/or the terms and conditions of your
use of or access to the Program and Information or any module or
functionality thereof. The Program and Information shall be removed from your
systems and devices, and any access thereof shall be immediately terminated
upon termination of this Agreement regardless of which party is the
terminating party.
|
| |
7. WARRANTY DISCLAIMER. THE PROGRAM AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF,
ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, PARKER DOES NOT WARRANT THAT THE
PROGRAM AND INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INACCURACIES OR ERRORS
IN, OR FAILURES OF, THE PROGRAM AND INFORMATION WILL BE CORRECTED, AND PARKER
SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH INACCURACIES, ERRORS, OR
FAILURES OR TO UPDATE OR OTHERWISE MAINTAIN THE PROGRAM AND INFORMATION.
|
| |
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARKER, ITS AGENTS, SUPPLIERS, OR
DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF EITHER THE USE
OR INABILITY TO USE THE PROGRAM OR INFORMATION, OR ANY RESULTS OR OUTPUT
THEREOF, EVEN IF PARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RATHER, YOU THE USER HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
PARKER, ITS PARENTS, AFFILIATES, LICENSEES, SUPPLIERS, AND DISTRIBUTORS, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST
ALL LIABILITIES, CLAIMS, INCLUDING FOR INFRINGEMENT OF ANY PATENT, TRADEMARK,
TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT,
DAMAGES, JUDGMENTS, LOSSES, AWARDS, AND EXPENSES, INCLUDING ATTORNEY’S FEES,
ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE PROGRAM OR INFORMATION, AND
ANY RESULTS OR OUTPUT THEREOF, OR FOR YOUR VIOLATION OR ALLEGED
VIOLATION OF THESE TERMS AND CONDITIONS, OR FOR YOUR VIOLATION OR ALLEGED
VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR BREACH OF ANY WARRANTY OR
OTHER PROVISION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY
APPLICABLE LAW OR REGULATION, OR ANY DAMAGE OR OTHER HARM CAUSED AS A RESULT
OF YOUR WILLFUL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
|
| |
9. Data; Feedback. You grant to Parker a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to: (i) use, reproduce, backup, store,
transfer, maintain, copy, sublicense, adapt, transmit, retransmit, distribute
and/or publicly perform or display any and all data and feedback provided or
generated by You in connection with the Program, or collected, processed,
compiled, or generated by the Program for improving and enhancing the
Software and for any other commercial, noncommercial or other lawful purpose;
and (ii) sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to any such feedback and data.
Parker accepts no obligation for maintaining the confidentiality of any such
feedback or data. You warrant that You have the right to license use of such
data and feedback to Parker, that such data and feedback do not infringe or
otherwise violate any patent, trade secret, copyright, right of publicity or
privacy, moral right, or other intellectual or proprietary right of any third
party, and that such data and feedback are not subject to any license terms
that would require Parker to comply with any additional obligations with
respect to any product or service that incorporates such data or feedback.
|
| |
10. Assignment. You may not sublicense, assign, or transfer the license herein
granted or the Program or Information. Any attempt otherwise to sublicense,
assign, or transfer any of the same or rights hereunder shall be null and
void.
|
| |
11. Governing Law. This Agreement shall be governed by the laws of the State of
Ohio, USA without regard to its conflict of laws rules or principles.
|
| |
12. Acceptance.
Your use of the Program and Information is conditional upon your acceptance
of these Terms and Conditions. If you do not wish to accept these Terms and
Conditions, you are not permitted to
use the Program or Information. In such event, please return the Program
and Information to Parker at the address set forth above.
Copyright © Parker-Hannifin Corporation. The year of copyright is the
current year. All rights reserved. Other copyrights as indicated in the
Information or as of the date of the Information.
|
| |
|
| |
Last updated: March 2018
|
|
|
|
|
|
|
|
|
|