Terms Of Use

These terms and conditions govern your use of this Testmetrix, Inc. website. If you do not agree with these terms, do not use this website. In addition, you may wish to review Testmetrix.com's Privacy Policy. General Use Restrictions All information, documents, products, software, and services provided on this website were provided by, or to, Testmetrix by their respective manufacturers, authors, developers and vendors and are the copyrighted work of Testmetrix and/or the third party providers. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Testmetrix or the third party provider. No part of the website, including logos, graphics, sounds or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of Testmetrix. You also may not, without Testmetrix's prior express written permission, "mirror" any material contained on this website on any other server.

Nothing on this website shall be construed as conferring any license under any of Testmetrix's or any third party provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Testmetrix's materials on this website provided that: (1) both the copyright notice identified below and this permission notice appear in the materials, (2) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.

Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Third Party Content Disclaimer Materials provided by third party providers have not been independently authenticated in whole or in part by Testmetrix. Testmetrix does not provide, sell, license, or lease any of the materials other than those specifically identified as being provided by Testmetrix.

Links to Third Party Websites
This website may be linked to other websites which are not under the control of and are not maintained by Testmetrix. Testmetrix is not responsible for the content of those sites. Testmetrix is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Testmetrix of those sites.

Software Use Restrictions
Any software that is made available to download from the website is the copyrighted work of Testmetrix and/or third party providers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless the end user first agrees to the terms of the license agreement. Except as set forth in the applicable license agreement, any further copying, reproduction or redistribution of the software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the software is available from Testmetrix and/or the third party providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions
Unless otherwise explicitly stated, herein, or in Testmetrix.com's Privacy Policy, any materials provided by you in connection with this website shall be deemed to be provided on a non-proprietary and non-confidential basis. Testmetrix shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the materials that you submit, and you, not Testmetrix, have full responsibility for the materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. TESTMETRIX MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability
TESTMETRIX SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL TESTMETRIX BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF TESTMETRIX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST TESTMETRIX FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

YOU AGREE TO HOLD TESTMETRIX HARMLESS FROM, AND YOU COVENANT NOT TO SUE TESTMETRIX FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

Local Laws; Export Control
Testmetrix controls and operates this website from its headquarters in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies or other entities located in the United States and Canada.
You acknowledge and agree that materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Testmetrix, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

U.S. Government Rights
The materials on this website are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the materials by the U.S. Government constitutes acknowledgment of Testmetrix's and/or the third party provider's proprietary rights in them.

General
This website could include inaccuracies or typographical errors. Testmetrix and the third party providers may make improvements and/or changes in the products, services, programs, and prices described in this website at any time without notice. Changes are periodically made to the website.

Any action related to these terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

These terms represent the entire understanding relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional, communications. Testmetrix can revise these terms at any time without notice by updating this posting.

Trademarks
Testmetrix, the Testmetrix Logo, Internet Name Registrar, B&C Microsystems, and all B&C/ or Testmetrix-based trademarks and logos are trademarks or registered trademarks of Testmetrix, Inc. in the United States and other countries.

Copyright Notice
Copyright 2000 by Testmetrix Inc., 846 Del Rey Ave, Sunnyvale, CA 94085 USA. All rights reserved.

 

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