end user agreement
Your use of the Software and any user interfaces, descriptions, data, and/or any other information in any media or form whatsoever including user manuals or other documents, 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 access in or using the Software is subject to the following EULA and to all applicable license or subscription agreements, order forms, fee schedules, and other documentation (“Documentation”).
The Software and Information are protected by copyright, and are owned exclusively by Parker. Nothing in this EULA 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 this EULA.
Grant of License
Parker hereby grants to you, subject to this EULA and the Documentation, a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and limited license to use Software and Information for your own internal use and only for the purpose of conducting business with Parker.
Parker retains the ownership of the Software and Information, and any and all copies thereof. In no event shall you obtainany greater right in and to the Software and Information than a right in the nature of a license limited to the use thereof subject to compliance with all of this EULA.
You may not, without the prior, written permission of Parker:
1. Use, copy, modify, or merge copies of all or any part of the Software and Information;
2. Reverse engineer, disassemble, reverse translate, decrypt, or in any manner decode any part of the Software and Information;
3. Distribute, sell, resell, license, assign, rent, sublicense, lease or otherwise transfer in any way all or any part of the Software and Information or your subscription or other right to use the same; or
4. Remove any proprietary notices, labels, or other markings on, in, or from the Software and Information.
This license and your right to use the Software and Information shall continue for the term, if any, specified in the Documentation, but otherwise shall terminate automatically if you fail to comply with any of the terms of such documentation or this EULA. 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 Software and Information or any module or other functionality thereof; (b) terminate the license herein grant and/or your use of or access to the Software and Information or any module or functionality thereof; and/or (c) modify this EULA and/or the terms and conditions of your use of or access to the Software and Information or any module or functionality thereof. The Software and Information shall be removed from your systems and devices, and any access thereof shall be immediately terminated upon termination of this EULA regardless of which party is the terminating party.
THE SOFTWARE AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE PROVIDED TO YOU "AS IS", AND WITHOUT WARRANTY OF ANY KIND. PARKER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PARKER 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 SOFTWARE 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 SOFTWARE OR INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, OR FOR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS AND CONDITIONS.
You may not sublicense, assign, or transfer the license herein granted or the Software or Information. Any attempt otherwise to sublicense, assign, or transfer any of the same or rights hereunder shall be null and void.
This EULA shall be governed by the laws of the State of Ohio without regard to its conflict of laws rules or principles.
Your use of the Software and Information is conditional upon your acceptance of this EULA. If you do not wish to accept these Terms and Conditions, you are not permitted to use the Software or Information.
File Transfer Protocol (FTP) Sites
Although Parker will endeavor to use reasonable efforts to ensure that a file uploaded to a Parker FTP or other file sharing server will be accessible only to the individual(s) for whom the file is intended, Parker is not responsible for any unauthorized access to any uploaded file, and accepts no obligation for maintaining the confidentiality of any such file. Parker reserves the right to review, remove and/or delete any uploaded file, for any reason, and in its sole discretion. Files containing the copyrighted or confidential material of a third party shall not be uploaded to any Parker server.
PARKER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY FILE DOWNLOADED FROM A PARKER SERVER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Parker makes no representation with respect to the integrity or functionality of any file downloaded from a Parker server, including, but not limited to, any representation that the file is virus-free or contains no defects.
In no event shall Parker be liable for any damages whatsoever arising out of or related to the use of a Parker server, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. By uploading or downloading any file from a Parker server, you expressly agree to these terms.
Parker respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its web site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Parker's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Parker’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: Legal Department
6035 Parkland Boulevard
Cleveland, Ohio 44124-4141
Phone: (216) 896-3000
Fax : (216) 896-4027
ParkerStores are independently-owned distributors of Parker Hannifin Corporation. For additional information please visit ParkerStore™.
Last updated: May, 2013
NOTICE: The information contained herein is to the best of our knowledge true and accurate. However, since the varied conditions of potential use are beyond our control, all recommendations or sug tions are presented without guarantee or responsibility on our part and users should make their own tests to determine the suitability of our products in any specific situation. This product is sold w out warranty either expressed or implied, of fitness for a particular purpose or otherwise, except that this product shall be of standard quality, and except to the extent otherwise stated Chomerics’ invoice, quotation, or order acknowledgement. We disclaim any and liability incurred in connection with the use of information contained herein, or otherwise. All risks of such are assumed by the user. Furthermore, nothing contained herein shall be construed as a rec mendation to use any process or to manufacture or to use any product in conflict with existing or future patents covering any product or material or its use.