AMTECHSOFTWARE.NET
WEB SITE TERMS OF USE
Amtech, Inc. (“Amtech”) offers the AmtechSoftware.net web site (the “Site”) to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.
Overview
Your use of the Site constitutes your agreement to all terms, conditions, and notices governing the use of or access to the Site (these “Terms of Use”). Please read these Terms of Use carefully. USE OF THE PASSWORD PROTECTED PORTIONS OF THE SITE IS LIMITED TO EMPLOYEES (WHICH TERM SHALL SPECIFICALLY EXCLUDE CONTRACTORS, AGENTS OR OTHER REPRESENTATIVES) OF CUSTOMERS WHO ARE PARTIES TO A VALID AND PAID-UP FUTURA SERVICES SUPPORT AGREEMENT AND AN AMTECH SOFTWARE LICENSE. USE OF RESTRICTED PORTIONS OF THE SITE IF YOU ARE NOT AN EMPLOYEE MEETING THE FORGOING CRITERIA IS STRICTLY PROHIBITED. By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible via the Site.
Community Features
The Site makes available to users certain community-based features that allow users to post articles or blogs, exchange messages with other Site users, and participate in chat rooms, newsgroups, and other similar forums for the exchange of information of interest to the Amtech community (collectively the “Amtech Forums”). If you use, access, or post content to the Amtech Forums, your use will be governed by these Terms of Use.
Restrictions on Use of the Site
You may use the Site, the Content (as hereinafter defined), and/or the products or services available through the Site only in accordance with these Terms of Use, and all applicable laws and regulations. For the purposes of these Terms of Use, the term “Content” shall mean all text, graphics, images, materials, reports, data, programs, procedures or other content posted on, displayed by, or offered via the Site. For the purposes of these Terms of Use, the term “User Content” shall mean all text, graphics, images, files, materials, reports, data, programs, procedures or other content posted on the Site by you or any other user.
As a condition of using the Site, you agree that you will not:
• Without the prior written consent of Amtech, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
• Other than for your use of the Site, access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
• Submit, display, or transmit any User Content via the system or services on which the Site is hosted in violation of any proprietary rights of, or your contractual obligation to, any third party, or in violation of applicable, law, rules, and regulations, including, without limitation, any law, rule, and/or regulation related to, or concerned with, price fixing and/or other anti-competitive behavior;
• Submit, display, or transmit any User Content that exceeds Amtech’s capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;
• Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
• Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or User Content transmitted to or via the Site;
• Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
• Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
• Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
• Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or
• Restrict or prevent any other user from using the Site and/or any products or services offered through the Site.
• use “robots” “spiders”, “web crawlers” or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind;
• perform any action that could result in excessive usage that adversely impacts the performance of the Site for other users;
Postings and Submissions
By uploading files, posting messages or other User Content, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or with the Site, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise use any such Communications for your intended purpose. You hereby grant to Amtech a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. User hereby waives all rights to any claim against Amtech for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications.
Forms, Registrations, and Passwords
If any of the services or Content provided via this Site require you to open an account, register, or provide certain information, you agree to complete the account initiation, registration, or other process by providing Amtech with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Amtech is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Amtech.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Amtech immediately of any unauthorized use of any Password that is not issued directly to you or approved by Amtech. You acknowledge and agree that Amtech, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
Amtech cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Modification of the Site and These Terms & Conditions
Amtech reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered including the Terms of Use and the services, features, links, and Content offered via this Site at any time and from time to time without notice or further obligation to you. By your continued use of the Site following such changes, modifications, alterations or updates, you agreed to be bound by such changes, modifications, alterations or updates.
Copyright
Everything on this Site is copyrighted, unless otherwise noted, and may not be used except with the express written consent of Amtech. Unless otherwise agreed in writing by Amtech, you may not copy, display, or post any Content offered via this Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site.
Trademark
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Amtech, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Amtech, and you may not remove or otherwise modify any trademark notices from any Content offered or received through the Site.
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Personal & Non-Commercial Use Limitations
This Site is for your personal and non-commercial use. Except with the prior written consent of Amtech, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any Content, information, software, products, or services obtained from this Site. The Content available through this Site is the sole property of Amtech or its licensors and is protected by patent, copyright, trademark, trade secret and other applicable intellectual property laws. Except as otherwise explicitly agreed in writing, Amtech-owned Content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only.
Digital Millennium Copyright Act Notices
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that you claim has been infringed;
3. the location of the allegedly infringing material on the Site;
4. your address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Amtech's DMCA Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:
Amtech, Inc..
515 Pennsylvania Ave
Ft Washington Pa 19034
Attn: Gerald Francesco
legal@amtechsoftware.net
Links to Third Party Sites
The Site may contain links to web sites operated by third parties other than Amtech. Such links are provided for your reference only. Amtech does not control such web sites, and is not responsible for the content of such web sites. Amtech’s inclusion of links to such web sites does not imply any endorsement of the content on such web sites. If you decide to access any third party web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such third party web sites.
Monitoring
Amtech has no obligation to monitor this Site or any portion thereof. However, Amtech reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Amtech has no obligation to display or post any User Content. Amtech reserves the right to disclose, at any time and from time to time, any information or User Content that Amtech deems necessary or appropriate to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Amtech shall have no liability in connection with any Content or User Content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Amtech or any other party.
DISCLAIMER
ALL CONTENT OR USER CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, IS PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMTECH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY AMTECH OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AMTECH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE, IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR AMTECH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMTECH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law
These Terms of Use and the relationship between you and Amtech shall be governed by the laws of the Commonwealth of Pennsylvania as if you signed these Terms of Use in Pennsylvania. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Montgomery County, Pennsylvania for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.
Indemnification
You agree to indemnify, defend, and hold harmless Amtech, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including without limitation, any User Content and/ or other Communications submitted or transmitted by you via the Site; (2) any use of any Password chosen by or issued to you; or (3) any violation by you of: (a) these Terms of Use; (b) any other terms, guidelines or rules applicable to the Site; (c) any rights of any other person or entity; or (d) any applicable laws, rules, or regulations.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Amtech as a result of these Terms of Use or use of the Site, the Content, or any products and/or the services available through the Site. Amtech’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Amtech’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Amtech with respect to such use. These Terms of Use constitute the entire agreement between you and Amtech with respect to the Site, the Content, and/or the products or services available through the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Amtech with respect to the Site, the Content, and/or the products or services available through the Site. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the products or services available through the Site, or any Content, these Terms of Use shall control with respect to their subject matter. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.