All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Metrix Instrument Co., L.P. (“Metrix”) or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Metrix and/or its 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 other means, without the prior express written permission of Metrix. Also, you may not “mirror” any Materials contained on this Web Site on any other server without Metrix’s prior express written permission.
Except where expressly provided otherwise by Metrix, nothing on this Web Site shall be construed to confer any license, offer for license, or sale under any of Metrix’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. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Metrix and as such, Metrix makes no warranty with respect to such materials, all of which are provided “as is”. Metrix does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Metrix.
Metrix hereby grants you permission to display, copy, distribute and download Metrix’s Materials on this Web Site 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 networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way or used in the creation of derivative works. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than Metrix. Metrix is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Metrix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Metrix of the linked web site or its contents. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
1. SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site (”Software”) is the copyrighted work of Metrix or its licensors and is provided upon terms and subject to the conditions set forth in the applicable end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user will be deemed to have agreed to the License Agreement terms by installing, copying, or using the Software.The Software is made available for downloading solely for individual use by end users according to the License Agreement terms. Without limiting the foregoing, the copying or reproduction of the Software, in whole or in part, to any other server or location for further reproduction or redistribution (including without limitation any use over the internet or through an application service provider model) is expressly prohibited. Any reproduction, transfer, sublicense, or redistribution of the Software (or any portion thereof) not in accordance with the License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, METRIX HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, TERMS, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD BY A COURT OF COMPETENT JURISDICTION TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Metrix Instrument Co., L.P. 8824 Fallbrook, Dr., Houston, Texas 77064 USA.
Except where expressly provided otherwise by Metrix, all comments, feedback, information or materials submitted to Metrix through or in association with this Web Site (”Submissions”) shall be considered non-confidential and Metrix’s property. By providing such Submissions to Metrix, you irrecovably assign to Metrix, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Metrix shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Metrix, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
UNLESS OTHERWISE EXPRESSLY AGREED BY METRIX IN WRITING, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND METRIX HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, TERMS, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. METRIX MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
METRIX SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF ANY USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL METRIX BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER OCCURRING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, ANY MATERIALS, LINKS, OR INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THIS WEBSITE, OR THE USE OR PERFORMANCE THEREOF, EVEN IF METRIX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND WAIVE ANY CLAIM AGAINST METRIX FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR OTHER DAMAGES OF ANY NATURE RESULTING FROM THE USE OF THE WEBSITE AND/OR MATERIALS. YOU AGREE TO HOLD METRIX HARMLESS FROM, AND YOU COVENANT NOT TO SUE METRIX FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE AND/OR MATERIALS.
METRIX PRESS RELEASES
Forward-looking statements in Metrix press releases on this Web Site are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in such press releases that are not strictly historical statements, including, without limitation, statements regarding current or future financial performance, management’s plans and objectives for future operations, product plans and performance, management’s assessment of market factors, as well as statements regarding the strategy and plans of Metrix and its strategic partners, constitute forward-looking statements which involve risks and uncertainties. For a detailed description of the risk factors associated with Metrix, please refer to the risks detailed in Metrix’s parent company’s filings with the Securities and Exchange Commission, including the Annual Report, Form 10-K and 10Q on file with the SEC. Metrix assumes no obligation to update any forward-looking information contained on this Web Site or with respect to announcements described herein.
LOCAL LAWS; EXPORT CONTROL
Metrix controls and operates this Web Site from its headquarters in various locations 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 Web Site 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 and/or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that the 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 products thereof, are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. By use of this Web Site, 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, and agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Web Site may include inaccuracies or typographical errors. Metrix and the Third Party Providers may make improvements and/or changes in the products, services, programs, information, prices, and Materials provided on this Web Site at any time without notice. Metrix may periodically make changes to the Web Site. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law or conflict of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Metrix has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Metrix.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied, adapted, retransmitted, or otherwise used in any manner unless expressly permitted by Metrix.
Metrix, the Metrix logo, SETPOINT, the SETPOINT logo, and other Metrix product names referenced herein are trademarks of Metrix and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
Metrix respects the intellectual property rights of others. Metrix may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millenium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement related to our products or our web site can be reached as follows:
• By Mail: Alexander G. Vodovozov, Hoffmann & Baron, LLP, - New York Office,
6900 Jericho Turnpike, Syosset, New York 11791
• By Telephone: (516) 822-3550
• By Facsimile: (516) 822-3582
• By Email: Avodovozov@hbiplaw.com
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Metrix Legal Department at +1 (941) 556-2604.
® 2002-2012 Metrix Instrument Co., L.P., 8824 Fallbrook Dr., Houston, Texas 77064 U.S.A. All rights reserved.