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    Terms and Conditions

    Terms of Use for Secure Site

    Important notice: this is a legal agreement between Topcon Positioning Systems, Inc. (“TPS”) and the user of this Web Site (the “Site”), which is covered by these terms of use (the “Terms of Use”). This Site contains proprietary information and materials belonging to TPS and its affiliates. By clicking the “I accept” check box and using this Site, you hereby agree to be bound by the terms stated within this Terms of Use. If you do not agree to the terms and conditions stated in this Terms of Use, you are not authorized to use this Site and any access without clicking the “I accept” check box shall be considered as unauthorized access to a proprietary Web Site which shall give rise to actionable claims by TPS against you under applicable law or any other legal theory, including, without limitation, claims based on contract, tort, negligence, strict liability, or any other basis

    1. OVERVIEW

    This Web Site is designed to provide general information about Topcon Positioning Systems, Inc. (“TPS”) ,its Products and services. In addition, You have also been granted access to this Site so that You may download certain materials in connection with your distribution, sale or use of the Products. All such downloads are governed by these Terms of Use.

    Nothing contained on this Site is intended to offer or does offer advice or recommendations with regard to the conduct, operation or results of business practices or to be substitute for the professional advice of engineers, registered surveyors and others involved in the fields in which TPS offers Products for sale. Many of the Products are intended for use by professionals or other entities licensed by government authorities. You should only use such Products if you have the requisite professional training or duly issued license.

    This Site and its contents are intended to comply with the laws and regulations of the United States. All visitors agree to follow United States laws and regulations.

    2. ACCEPTANCE OF TERMS

    TPS provides this information to you, subject to the following terms, conditions and notices contained or referenced herein, which govern use of this Site. By using this Site, you signify your agreement to these Terms of Use. If you do not agree to all of these Terms of Use, please do not use this Site. We reserve the right, at our discretion to update or revise the Terms of Use, with or without notice, so please check back periodically for changes. Your continued use of this Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

    3. TPS PRIVACY POLICY

    Information you provide through this Site is subject to TPS’s Privacy Statement. For information about TPS’s Privacy Statement, click here. TPS shall be free to use this information for statistical evaluations and to ensure uninterrupted proper operation of this Site. In addition, if you give any feedback to TPS, it shall be deemed that the content is not confidential. TPS shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation, without notice or compensation to any person or entity.

    4. TRACKING SYSTEMS

    We may use tracking systems, log files, and cookies to obtain and collect information about you. We use cookies to personalize our Site. Cookies also enable us to recognize you when you return to our Site, and provide additional functionality to you.

    By using this Site you agree to this tracking and agree to let third parties (contracted by us) to place cookies on your computer hard drive.

    If you have any questions regarding our use of your information, please see TPS’s online Privacy Statement.

    5. GOVERNMENT REGULATIONS

    TPS’s prime business is that of precision positioning equipment, including GPS systems, GIS equipment, laser, optical surveying, and machine control products (the “Products”). This Site contains information about these Products which may or may not be available in any particular country, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

    TPS's internal policies seek to comply with all applicable regulatory laws and regulations in countries where its Products are distributed.

    Further, the documents and related graphics published on this Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. TPS may make improvements and/or changes in the Product(s) and/or program(s) described herein at any time.

    Nothing contained on this Site should be construed as a promotion or solicitation for any Product or for the use of any Product in a particular way, which is not authorized by any applicable law or regulation. Specific questions about the availability and use of Products described on this Site should be directed to your local TPS distributor or representative.

    6. LINKS TO THIRD-PARTY SITES

    This Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of TPS and TPS is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. TPS is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by TPS in favor of any Linked Site, or the services or products on such Linked Site.

    7. NO UNLAWFUL OR PROHIBITED USE

    As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site or any user of this Site, or interfere with any other party’s use of this Site. You also agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

    8. CONFIDENTIALITY

    During your use of this Site, you may acquire, learn of, have access to, and have the opportunity to be apprised of Confidential Information (hereafter defined) concerning TPS and its affiliate and related entities.


    "Confidential Information" means all confidential and/or proprietary information and materials concerning TPS, its affiliates and licensors, including matters of a technical nature (such as Product information, proposed Product information, technical information, information concerning the performance of Products and new or proposed technologies), matters of a business nature (such as the identity of TPS customers, leads, marketing strategies, suppliers, pricing lists and policies, financial information) and any similar information. Confidential Information also includes, to the extent not covered above, any and all Software, Product information, manuals, price lists, brochures, specifications and any other item you download from this Site (“Downloaded Material”). Confidential Information does not include information: (1) which you can demonstrate through written materials was lawfully known to you prior to disclosure by TPS; (2) which is known to the public generally at the time of disclosure to you, (other than through your fault); (3) which is communicated to you by a person having no relationship with TPS and having no duty of confidentiality with respect to the information; or (4) which is subsequently independently discovered by you without use of the Confidential Information.


    You may only use the Confidential Information to fulfill your obligations under this Terms of Use or any TPS Agreement and may not otherwise disclose the Confidential Information to any third party. You will treat TPS’s Confidential Information with a degree of care no less stringent than the degree of care that you would use in safeguarding your own most valuable trade secrets. Under no circumstances are you permitted to disclose the Confidential Information to a competitor of TPS. If you become legally compelled to disclose any Confidential Information, you will give TPS immediate notice so that TPS may seek a protective order or other remedy and you will assist TPS in obtaining such relief.


    All Confidential Information is the sole property of TPS and must be delivered to TPS upon the termination of your access to this Site or at the earlier request of TPS. Your obligations hereunder shall survive any termination of your access to this Site. You will advise all your employees and independent contractors of these obligations with respect to any Confidential Information.

    9. OWNERSHIP

    As part of your access to this Site, TPS has made available to you the Downloaded Material. This Downloaded Material is provided to you solely in connection with your relationship as a TPS distributor, end-user and/or purchaser of Products and is not otherwise transferable. You agree not to provide, make available or offer, the Downloaded Materials or any information on this Site, to a competitor of TPS.

    TPS has the sole and exclusive ownership of, and retains at all times all rights, title and interest in and to, the Product and proprietary information available on this Site and the Downloaded Material (including all intellectual property rights embodied therein or associated therewith). All copyright rights in the materials displayed, including, without limitation, the Downloaded Materials, text, images, photographs, graphics, user interface, audio and video clips and other content provided on this Site, and the selection, coordination, and arrangement of such content, are owned by TPS or its third-party licensors, to the fullest extent provided under the United States Copyright Act and all international conventions and other copyright laws.

    You hereby agree and acknowledge that you have no rights in or access to any source code relating to this Site, the Downloaded Material or any Software available on this Site. The term “Software” as used in this Terms of Use, means such Product made available to you by TPS either as (i) built into Products delivered to you (e.g. firmware or operating systems), (ii) applications software for use in or with the Products; and/or (iii) any other software delivered to you by TPS. You shall not (i) modify, adapt, translate, make derivative works or, decompile, disassemble or otherwise reverse-engineer any content of this Site, any Product or Software or any portion thereof, and/or (ii) make such content or Products available to a third party, for any purpose except as expressly permitted by this Terms of Use or the applicable TPS Agreement (defined below). TPS may freely and without advising you or the end users, take steps to prevent unauthorized copying and use of any content from this Site, Downloaded Material, any Products or other proprietary information. Your sales representatives, agents and sub-dealers are bound by the same obligations regarding the Site content and TPS products as set forth herein.

    This Site and the information contained herein are for informational purposes only. Any reproduction, retransmission or copying of any materials or design elements of this Site is strictly prohibited, without the prior written consent of TPS. Requests for permission to reproduce any information contained on this Site should be addressed to Topcon America Corporation, 37 West Century Road, Paramus, New Jersey, 07652 Attn.: Legal Department.

    Notwithstanding the above, TPS authorizes you to make one (1) electronic or paper copy of the information posted on any page on this Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of TPS is prohibited.

    10. NO LICENSE OR RIGHT FOR YOU TO USE INTELLECTUAL PROPERTY PATENTS, COPYRIGHTS OR TRADEMARKS

    Nothing in this Site or in the Downloaded Materials shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any intellectual property, including, without limitation, patents, copyrights, trademarks or trade secrets, except as permitted pursuant to the TPS Agreements. Please be advised that TPS protects its intellectual property rights to the fullest extent of the law. You hereby acknowledge that your right to use or distribute any Product or Downloaded Material shall be covered separately under either the TPS Distributor Agreement, TPS Software License Agreement, and/or TPS Terms of Sale between you and TPS, as applicable, granting you the right to distribute or use the Products (individually or collectively known as the “TPS Agreement”). You hereby acknowledge that you are bound by the terms and conditions of any TPS Agreements executed by you and to the extent there is any conflict between this Terms of Use and any TPS Agreement, the terms and conditions under the TPS Agreement shall prevail.

    Without the written permission of TPS, you may not frame any of the content of this Site, or incorporate into another web site or other service the intellectual property of TPS.

    TPS will endeavor to remove in a timely manner any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of written notice in conformance with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

    11. TRADE AND SERVICE MARK RIGHTS

    All rights in the Product names, company names, domain names, trade names, logos, Product packaging and designs of all TPS or third-party products or services, whether or not appearing in large print or with the trademark symbol (collectively, “Trademarks”), belong exclusively to TPS or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All goodwill arising from the use of Trademarks inures to TPS (or its licensors or affiliates, as the case may be). The use or misuse of these Trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of TPS or any third party. You may not use any of the Trademarks in your corporate name, trade name(s) or domain name(s). You may not register any trademark which is or includes a Trademark.

    On all written publications and advertisements which incorporate original materials provided by TPS, including, without limitation, any Software documentation, you shall place the copyright notice symbol , the year of publication, and the name TPS. For example, “2005 by Topcon Positioning Systems, Inc. All Rights Reserved;” is an acceptable copyright notice.

    12. DISCLAIMER OF WARRANTIES – LIMITATIONS OF LIABILITY

    TPS WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION ON THIS SITE AND THE DOWNLOADED MATERIALS, BUT TPS MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE SITE OR THE LINKED SITES, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS OR FREQUENCY THAT IT IS UPDATED, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABLITY OR OPERATION OF THIS SITE OR THE INFORMATION OR MATERIALS IT CONTAINS. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

    BY USING THIS SITE AND BEING GRANTED ACCESS TO THE DOWLOADED MATERIALS, YOU ASSUME THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED THEREIN MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE OR, MAY NOT MEET YOUR SPECIFIC NEEDS OR REQURIEMENTS.

    TPS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    ALL INFORMATION AND RELATED MATERIALS ON THIS SITE AND THE DOWLOADED MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

    ALL USERS AGREE THAT ACCESS TO THIS SITE, THE DOWLOADED MATERIALS AND USE OF SUCH INFORMATION IS AT THEIR OWN RISK, AND THAT NEITHER TPS NOR ANY PARTY CREATING, SERVING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, EXEMPLARY, DIRECT OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF TPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING OUT OF ACCESS TO, OR USE OF THE INFORMATION CONTAINED ON THIS SITE OR THE DOWNLOADED MATERISL OR ANY ERRORS OR OMISSIONS, MISPRINTS, OUT-OF-DATE INFORMATION, TECHNICAL OR PRICING INACCURACIES, TYPOGRAPHICAL OR OTHER ERRORS APPEARING ON THIS SITE OR THE DOWNLOADED MATERIALS. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

    THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOPCON TIERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TPS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    13. INDEMNIFICATION

    Upon request by TPS, you agree to defend, indemnify and hold harmless TPS and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Site, your use of the Site, your violation of the Terms of Use or your violation of any rights of another.

    14. CHOICE OF LAW AND FORUM

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You and TPS expressly agree to submit to the exclusive jurisdiction and venue of the courts in Bergen County, New Jersey, in all disputes arising out of or relating to the use of this Site.

    15. EXPORT

    As a condition of your use of this Site, you warrant that you will not use this Site, the Downloaded Materials or any software or information contained therein for any purpose that is illegal under U.S. or other applicable export control or sanctions laws or regulations, including, but not limited to the U.S. Export Administration Regulations. In particular, you warrant that you will not:

     

    a)    export, re-export, transfer or release the software or information to countries that are embargoed or sanctioned under U.S. or other applicable laws or regulations.

    b)    export, re-export, transfer or release the software or information to persons to whom such access is prohibited under U.S. or other applicable laws or regulations; 

    b)    use any software or information contained in this Site in any end-uses prohibited under U.S. or other applicable laws or regulations, including, but not limited to, the research on or design, development, construction, production, stockpiling, testing, operation, use, or maintenance of missiles, unmanned air vehicles nuclear explosive devices or nuclear propulsion projects, chemical or biological weapons or the related parts, components or subsystems of any of the foregoing.  

     

    You further warrant that you are not a person appearing on the U.S. Department of Commerce Denied Persons List, Entities List, Unverified List, or the U.S. Department of Treasury's Specially Designated List or any of the lists provided at http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm.


    16. SEVERABILITY AND INTEGRATION

    Unless otherwise specified herein, these Terms of Use governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TPS. If any portion of this Terms of Use statement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

    17. NO WAIVER

    The failure of TPS to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.

    18. MISCELLANEOUS

    You agree that no joint venture, partnership, employment, or agency relationship will exist between you and TPS as a result of this Terms of Use statement or your use of this Site. Nothing contained in this Terms of Use statement is in derogation of TPS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by TPS with respect to such use. A printed version of this Terms of Use statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use statement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    19. TERMINATION

    TPS reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. TPS also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. Topcon TPS shall not be liable to you or any third party for any modification, suspension or discontinuance of this Site.

    Copyright© 2009 Topcon Positioning Systems, Inc. All rights reserved.