Duoline Technologies Technical Information Web Site
Terms and Conditions of Access
Last Revised: March 13, 2008
Welcome to the Duoline Technologies Technical Information Web Site.
PLEASE READ THIS DOCUMENT CAREFULLY. This agreement applies to all Duoline Technologies Technical Information web site users and constitutes the terms and conditions (the “Agreement”) upon which Duoline Technologies, L.P. (“Duoline Technologies”) grants to you limited rights to access and use the Duoline Technologies Technical Information available through this web site (the “Technical Information”). If you are accessing this web site in your capacity as an employee, agent, contractor, director or officer of a company, “You” shall mean you and your company. By choosing to accept these terms and conditions and accessing the Technical Information, you certify that you are making your company party to this Agreement and legally binding your company to the terms and conditions set forth herein. ACCESS TO THIS WEB SITE AND THE INFORMATION ACCESSIBLE THROUGH IT IS ABSOLUTELY CONDITIONED UPON YOUR ACCEPTANCE AND ASSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
IF YOU CANNOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND YOU MUST NOT PROCEED WITH ACCESS TO THE WEB SITE.
1 The Technical Information contains confidential information and is provided exclusively for the use of Duoline Technologies’ authorized resellers, authorized installers and the customers of Duoline Technologies and our authorized resellers. If you choose to access the Technical Information, You must agree to keep all of the Technical Information confidential and use it solely for the purposes set forth in Paragraph 2 below. The Content (defined below), including without limitation the Technical Information, is made available subject to, and in accordance with, the United States Export Administration Regulations. Access or diversion contrary to United States law is prohibited, including without limitation accessing the Technical Information from any territory of, or by any national of, Cuba, Iran, North Korea, Syria or the Sudan.
2 The purpose of the Technical Information is to provide information to You to assist you with the safe and proper operation and maintenance of Duoline Technologies equipment. You agree to use the Technical Information solely for this purpose. You may distribute the Technical Information solely to other personnel within Your company and to Your company’s appropriate sub- contractors with a specific need to know in connection with the purpose described herein, and only after appropriately informing any such recipient of the confidential nature of the Technical Information and the other terms and conditions set forth herein. Distribution of, or providing access to, the Technical Information to unauthorized individuals is prohibited.
3. The conditions of Your use and application of Technical Information, including any suggested precautions, applications or particular usage, are beyond our control. Therefore, it is imperative that You test our products and the Technical Information under the particular circumstances and environment of Your own usage to determine to Your own satisfaction whether they are suitable for Your intended uses and applications. This application- and environment-specific analysis at least must include testing to determine suitability from a technical as well as health, safety and environmental standpoint. Such testing has not necessarily been done by Duoline Technologies.
4. ALL TECHNICAL INFORMATION IS GIVEN WITHOUT WARRANTY OR GUARANTEE. It is expressly understood and agreed that You assume and hereby expressly release Duoline Technologies from all liability, in tort, contract or otherwise, incurred in connection with the use of our products, technical assistance and information. Any statement or recommendation not contained herein is unauthorized and shall not bind Duoline Technologies. Nothing herein shall be construed as a recommendation to use any product in conflict with patents covering any material or its use. No license is implied or in fact granted under the claims of any patent. Duoline Technologies will endeavor to provide accurate and up-to-date information on this Web Site; however, because of time lags in synchronizing the information on the site with data in other Duoline Technologies information systems, the information and services available on this site may include inaccuracies or typographical errors. Duoline Technologies reserves the right to amend or supplement this Web Site at any time and without prior notice. Duoline Technologies will not be liable for problems arising out of the interaction between this web site and the local hardware and/or software you use to access the web site. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, EVEN IF BAYER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Duoline Technologies makes no warranties, express or implied, that the using of this web site does not infringe any patent of any third party.
5. All the information, documents and illustrations published on this website are the exclusive property of Duoline Technologies. You shall use information acquired through the web site solely for Your own informational purposes with respect to the purposes set forth in Paragraph 2 above. Accordingly, unauthorized use of the Technical Information or any other material contained on this web site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. All content ("Content") included on this Site including without limitation the Technical Information and text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations, is the property of Duoline Technologies and is protected by United States and international copyright laws. The compilation of all Content on this web site is the exclusive property of Duoline Technologies and protected by U.S. and international copyright laws. All software used on this site is the property of Duoline Technologies or its software suppliers and protected by United States and international copyright laws. Content included on this web site, such as Technical Information, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is Copyrighted by Duoline Technologies, 2008. All rights reserved. Limited permission to reproduce Content subject to the restrictions set forth in Paragraph 2 above is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Content is for limited distribution and for informational use only; (3) the Content is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text.
6. “Duoline Technologies” and other marks indicated on our web site are registered trademarks of Duoline Technologies. Duoline Technologies’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Duoline Technologies. Duoline Technology’s trademarks and trade dress may not be used in connection with any product or service that is not related to Duoline Technologies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Duoline Technologies. All other trademarks not owned by Duoline Technologies that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Duoline Technologies.
7. Except as expressly set forth herein, You do not possess or acquire any intellectual property rights in the Technical Information or Content, and You agree that the Technical Information accessible through this web site is not assignable or transferable. ANY COMMUNICATION OF MATERIAL YOU TRANSMIT TO DUOLINE TECHNOLOGIES AND/OR THE WEB SITE BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Anything you transmit or post may be used by Duoline Technologies for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Duoline Technologies is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto. You are responsible in full for the content and accuracy of all information that You send to Duoline Technologies and for ensuring that the rights of third parties are not prejudiced.
8 Duoline Technologies maintains a separate distribution list of customers designated for formal distribution of technical bulletins. This web site is intended to supply additional access for the distribution and receipt of technical information.
9. Duoline Technologies requires users to register an account with us in order to gain access to the Technical Information using a unique user name and password. The user password will be supplied upon receipt of the required information and Duoline Technologies approval of authorization. Access to this web site is at the discretion of Duoline Technologies, and Duoline Technologies reserves the right to restrict or terminate a user's access to the Technical Information at any time and for any reason or no reason at all. By requesting access to this web site and each time you access the web site, you are stating that you personally: (i) are 18 years of age or older; (ii) are using your actual identity and are providing accurate and complete information, (iii) are authorized by your company to access the web site, and (iv) will not violate any local, state, national, or international laws or regulations by registering with and using the web site.
10. Duoline Technologies will use reasonable efforts to keep the web site available for Your use; however, Duoline Technologies cannot and will not be responsible for any loss or unavailability of the web site that results from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. You acknowledge and agree that Duoline Technologies would be irreparably damaged in the event that any of the provisions of this Agreement are not performed by the other in accordance with their specific terms or are otherwise breached. Accordingly, You agree that Duoline Technologies shall be entitled to an injunction or injunctions to prevent breaches of this Agreement by You and shall have the right to specifically enforce this Agreement and the terms and provisions hereof against You in addition to any other remedy to which such aggrieved party may be entitled at law or in equity.
12. You agree with Duoline Technologies that these Terms and Conditions of Access shall be considered a contract governed by Texas law and that by clicking to accept these Terms and Conditions of Access you are entering into a legally binding agreement with Duoline Technologies using electronic signatures pursuant to Texas law. Any disputes regarding these Terms and Conditions of Access shall be heard by the state and federal courts with jurisdiction in the State of Texas, USA, and each party consents to the exclusive jurisdiction of such courts; provided, Duoline Technologies may request enforcement of the provisions above restricting or limiting your use, distribution and/or disclosure of the Technical Information in any court of competent jurisdiction. The Content is controlled and published on this web site by Duoline from its offices within Texas, U.S.A. Duoline makes no representation that materials in the Content, including without limitation the Technical Information, are appropriate or available for use in other locations, and access to them from territories where any of the Content is illegal is prohibited. Those who choose to access this web site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
13. Failure to insist on strict performance of any of these Terms and Conditions of Access will not operate as a waiver of any subsequent default or failure of performance.
14. If any part of these Terms and Conditions of Access is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Access shall continue in effect.
15. Duoline Technologies reserves the right to change this Agreement from time to time. Any changes to this Agreement will be posted on the publicly accessible portion of this web site as applicable. The date of the latest changes will be indicated at the top of each document. You are advised to check the Agreement periodically for updates. Continued use of this web site following the posting of changes will mean that you agree to be bound by those changes.
If you do not agree to accept the terms set forth herein, you are hereby notified that any access, dissemination, distribution, or copying of the Content is STRICTLY PROHIBITED. If you are not authorized to access the Content and have done so in error, DO NOT PROCEED FURTHER. You must exit this web site by depressing the "Decline" button below.
If you understand this information and are authorized to continue, select "Accept" to indicate your acknowledgement of the above with respect to the Content. If you are not authorized or do not agree, select "Decline."
YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.