|
|
| |
End User Licensing Agreement
(EULA) - Online Stock Inventory Application
- Software End User License Agreement
IMPORTANT—READ CAREFULLY: This End-User License
Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity)
and ATI Firth Sterling. ATI Firth Sterling website,
which includes computer software and stock inventory
applications, and may include associated media,
printed materials, and "online" or electronic
documentation ("Product"). An amendment or addendum
to this EULA may accompany the Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA
BY ACCESSING OR OTHERWISE USING THE PRODUCT.
IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE
PRODUCT. YOU MAY RETURN YOUR ACCOUNT INFORMATION
TO ATI Firth STERLING FOR ACCESS REMOVAL.
The Product is licensed through METALWORKING
PRODUCTS, the METALWORKING PRODUCTS Subscription
Program ("MWP Subscription Program").
This EULA defines your rights to the PRODUCT
under the MWP Subscription Program.
- Applicability of License: Web Site
Metalworking Products operates the distributor
web site located at http://www.ATIFirthsterling.com
(the "Site"), an on-line information service
where registered authorized Users ("Users")
can access and review current stock inventory.
Users may be granted one User ID and Password
per business account contact or that contact’s
designee in order to review this information
and any subsequent company-related purchasing
related data provided. In order to become a
user and access the site, the form on http://www.atifirthsterling.com/catalog/accountrequest.asp
must be completed and signed by an officer of
the company.
a. User Eligibility.
Only authorized users may access and use the
services of the site. Metalworking Products
reserves the right to refuse or revoke user
privileges on the site, or to limit a user's
ability to access information or transact business
on the site. Metalworking Products may terminate,
without prior notice, the access of a user who
breaches any of the terms or conditions of this
End-User Licensing Agreement.
b. Changes.
From time to time, Metalworking Products may
amend the End-User Licensing Agreement ("EULA").
The latest version of this document will be
accessible by clicking on the "EULA" link available
through the account request page.
- General Rules for Site Use
a. User Accounts.
In general, for each license you have acquired
for the Product, one individual is authorized
to use the Product according to the terms of
this EULA. Each User is given a unique User
ID and a Password and agrees to keep its User
ID and Password confidential at all times. No
User may permit its User ID or Password to be
used by a third party to enter into transactions
or access information through the Site.
b. Data Manipulation.
No User may attempt to manipulate the data or
transactions to which it has access or to otherwise
take any actions Metalworking Products determines
to be inconsistent with the intended use of
the Site.
c. Accessibility.
Each user is responsible for providing all equipment
necessary to access the Internet and interact
with the Site.
d. Information Security.
No User may attempt, through the use or introduction
of any device, software or executable routine
(including but not limited to any viruses, Trojan
horses, worms, or other executable programs),
to damage or interfere with the proper working
of the Site or any transaction executed on the
Site.
e. Limitation On Reverse Engineering, Decompilation,
and Disassembly. You may not reverse engineer,
decompile, or disassemble the Product.
f. Distribution Requirements. You may not redistribute
this application by itself nor as part of a
software product or website developed by you
as described in this EULA (an "Application"),
(a) nor may you use MWP’s or ATI Firth Sterling’s
name, logo, or trademarks to market your Application;
(b) include MWP’s or ATI Firth Sterling’s valid
copyright notice on your Application without
the express written consent of MWP.
g. User Data Submission.
Each User is and agrees to be solely responsible
for information that it submits through the
Site. Each User agrees that the information
it may submit through the Site shall not:
1. Infringe any third party's rights, including
but not limited to patent, copyright, trademark,
trade, secret, or other proprietary rights;
2. Be obscene, indecent, defamatory, or violate
any person's rights of publicity or privacy;
or
3. Violate any applicable law, statute, rule
or regulation, or constitute fraud.
4. Each User agrees that Metalworking Products
shall have no obligation to monitor the content
on any links to other web sites from the Site.
h. Use of Information.
All information and materials on the site (including
without limitation all inventory data, order
status data, documents and technical information)
is solely for each User's internal use. None
of such information may be printed out, copied,
downloaded or otherwise duplicated for the purpose
of distribution to any third party or for any
use that is not consistent with Metalworking
Products intended purpose for the Site.
i. Consent To Use Of Data.
You agree that MWP and its affiliates may collect
and use technical information you provide as
a part of support services related to the Product.
MWP agrees not to use this information in a
form that personally identifies you.
j. Account Termination.
Metalworking Products reserves the right to
suspend or terminate the rights of any user
and/or take legal action, in response to the
improper use of the site or misappropriation
of its information.
k. User Responsibilities.
Each User agrees that it is solely responsible
for:
1. Evaluating and selecting any specialty metal
product for the User's use;
2. Establishing and maintaining the accuracy
of the User's profile;
3. Ensuring that employees who leave the employ
of a User company are removed as authorized
users immediately and their User Ids and Passwords
are not used in an unauthorized manner;
4. Ensuring that its employees comply with this
EULA and all other policies posted to the Site.
5. Each User agrees to comply with all applicable
local, state, federal, and international laws,
statutes, rules and regulations relating to
User's use of the Site, including without limitation
all applicable tariffs and trade laws.
l. Export Restrictions.
You acknowledge that the Product is of U.S.
origin. You agree to comply with all applicable
international and national laws that apply to
the Product, including the U.S. Export Administration
Regulations, as well as end user, end-use and
destination restrictions issued by U.S. and
other governments.
m. Software Transfer.
You may not transfer your rights under this
EULA. Access to the site is given on a one-
time basis to the name, company, and address
of the person or designee signing the agreement.
If the access needs to be assigned to a new
designee, please contact
Metalworking Products to update account information.
n. Confidential Information.
Each User acknowledges and agrees that, in connection
with its access to and use of the Site, it may
have access to the confidential information
of Metalworking Products. Confidential Information
shall include, without limitation, order information,
pricing, inventory data, returns or claims information,
transactional data, computer programs, trade
secrets, ideas, or inventions (whether patentable
or not), and other technical data. If a User
discovers that it can access the information
of any other User, the User shall immediately
notify Metalworking Products and provide sufficient
details about the matter so that remediation
steps can be taken.
o. Website Maintenance.
MWP reserves the right to perform system maintenance
and administration during the course of the
day. As a result the site may from time to time
be unavailable for access.
p. Entire Agreement.
This EULA (including any addendum or amendment
to this EULA which is included with the Product)
are the entire agreement between you and MWP
relating to the Product and the Support Services
(if any) and they supersede all prior or contemporaneous
oral or written communications, proposals, and
representations with respect to the Product
or any other subject matter covered by this
EULA. To the extent the terms of any MWP policies
or programs for Support Services conflict with
the terms of this EULA, the terms of this EULA
shall control.
q. Intellectual Properties.
The Product is protected by copyright and other
intellectual property laws and treaties. MWP
or its suppliers own the title, copyright, and
other intellectual property rights in the Product.
The Product is licensed, not sold.
r. Miscellaneous.
If you acquired this Product in the United States,
this EULA is governed by the laws of the State
of Tennessee. This product may not be distributed
outside the United States without prior written
notification.
s. Contacts.
Should you have any questions concerning this
EULA, or if you desire to contact MWP for any
reason, please contact us at: Metalworking Products,
1 Teledyne Place, La Vergne, TN 37086
- Warranty
Please see governing warranty: http://www.atifirthsterling.com/warranty.asp
- Your Privacy
Please see governing privacy policy: http://www.atifirthsterling.com/privacy.asp
- Copyright
Please see governing copyright: http://www.atifirthsterling.com/copyright.asp
|
|
|
