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Conditions of Use  Conditions of Use

Effective 01/01/2009

CONDITIONS OF USE & LICENSE AGREEMENT

PLEASE READ VERY CAREFULLY THE FOLLOWING LICENSE AGREEMENT

BY SELECTING THE “I ACCEPT” BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THE CONTENTS OF THIS AGREEMENT AND THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THE AGREEMENT AND THAT YOU FURTHERMORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.

This Report/Newsletter/Database is the property of Selantek, Inc (“Selantek”). You have no ownership rights in this Report / Newsletter / Database. For the purpose of this agreement the terms Report, Newsletter and Database may be used interchangeably and will  hereafter be referred as “Publication”.

Selantek is herein granting you a non-exclusive, non-transferable, limited license to use this Publication. For your personal use or internal business use. See Quoting from a Selantek Publication for permitted uses of this Publication.

Selantek retains ownership of and title to all intellectual property rights and copyrights contained in this Publication. These rights are guaranteed and/or protected by United States and International copyright laws, trade secret, intellectual property laws, trademark laws and other intellectual property laws. Selantek grants User (a User is any one who uses, reads, or otherwise has access to this Publication) a license to access the contents of this Publication on condition that the User will not copy, redistribute, change, modify, disclose, publish or disseminate any portion of this Publication to any other party. No part of this Publication may be copied, modified , distributed in machine readable form or hardcopy without the prior written consent from Selantek. Any rights not herein expressly granted are expressly reserved by Selantek. Any other use of this Publication by any person and/or entity is prohibited and is a violation of this Agreement.

In addition to the above reproduction of this Publication is also prohibited without Selantek’s written permission for use on or in any bulletin board, service bureau, information storage and retrieval system, timesharing. User may not post this Publication or any part thereof on any online service including the internet. User may not lease the Publication, sell the Publication or offer to sell the Publication nor may User sublicense the Publication. User may not use the Selantek name for promotion of its services and/or products unless permitted to do so in writing.

LIMITED WARRANTY

The information contained in this Publication has been obtained from sources believed to be reliable. However, Selantek can not guarantee that the information herein contained is correct or complete. Selantek disclaims all warranties as to the accuracy, completeness or adequacy of the Information contained in this Publication. Information has been defined in Item 6 of Quoting from a Selantek Publication, also included as part of this License Agreement.  If the Publication is defective in its electronic delivery format it will be replaced  if Selantek is notified of the defective formatting within ninety days from the date of the original download or receipt of the Publication.

In no event will Selantek be liable for any damages of any kind, including, without limitation, any lost profits, lost savings, business interruption or other incidental or consequential damages arising out of your use or inability to use the Publication or any information provided on the web site regardless of whether such damages are foreseeable or whether such damages are deemed the result from the failure or inadequacy of any exclusive or other remedy.

In no event will Selantek be liable for any claim attributable to errors, omissions or any other inaccuracies in the Publication of the interpretation of any contents therein.

User agrees to indemnify, defend and hold harmless Selantek, its affiliates, licensors, directors, officers, employees and agents from and against all losses, damages, expenses, costs including reasonable attorney’s fees arising out of use of the Publication by User or User’s account.

This Agreement and the resolution of any dispute arising hereunder shall be governed in accordance with the laws of the State of California without regard to its conflict of law principles. User consents to the jurisdiction of the courts of the state of California.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid , all other terms and conditions shall remain in full force and effect.

In any event, the liability of Selantek shall not exceed the license fee paid by you to Selantek.

QUOTING FROM A SELANTEK PUBLICATION:


Selantek is very happy to have you use our data, but some limitations do apply:

1. You can quote individual paragraphs, copy up to 3 charts and/or graphics and a single table from any Selantek publication on to a Company’s internal publication or web site without permission from Selantek, provided  that after each sentence or paragraph you enter in writing the following: Source: Selantek. After each chart, graph and/or table you must reference the source. Under the left-most corner or right-most corner you must enter in writing the following: Source: Selantek

2. For larger portions or for reproduction of a report in its entirety for an internal publication and/or an internal web site approval in writing from Selantek, Inc., must be obtained prior to displaying or publishing the text, chart, table and/or graphic.

3. You may not reproduce for external use any part of any Selantek document, database, table, report, subscription, newsletter, chart, graph or videoconferencing material or seminar hand-out material without express permission in writing from Selantek, Inc.

4. You may not alter or modify any data published any where by Selantek, Inc.

5. You may not post any Selantek generated information on any other web site, bulletin board or online service. Information is defined as any text, data, chart, table, handout generated by Selantek, Inc. anywhere in the world. Also included are newsletters, press releases, any promotional material and any material provided in conjunction with a teleconference, seminar or meeting.

6. You may not copy any information (see definition of Information in (6) above) contained on this server nor may you post on any other computer or any other broadcast media.

7. If you wish to quote Selantek in any promotional material whatsoever please contact Selantek. Please contact us via email to Legal@selantek.com  or in writing to Quote Selantek, P. O. Box 391117, Mountain View, CA 94039-1117 and provide detailed documentation as to what you wish to copy, where it will be used and how it will be used. In this way Selantek will be able to verify the accuracy of the information, its relevance and provide updated information if necessary.

DISCLAIMER

Selantek is a for profit market research corporation and is incorporated in California. Selantek strives to obtain the most current and the most accurate information that is available. However, Selantek cannot verify every single data point or company information. If you believe that the information published by Selantek is in error you should contact Mark Endicott, Director of Marketing or Charles Mantel, Executive Vice President and request a review. Selantek will then temporarily take the information out of its database(s) until a review can be completed. Upon completion you will be notified of the outcome. If the outcome is not satisfactory you must then submit concrete proof that substantiates your position.

Published information is analyzed and used in Selantek’s publications after ascertaining the credibility of the source. Nevertheless it is possible that information used my not be totally accurate. In such cases we either refer you to the source of the information or publish your point of view if you will provide proof positive of the information you are conveying to Selantek. Information that is obtained but not completely verified is published as “provided by a reliable source” in which case Selantek does not assume responsibility for the accuracy of the data. This is done so we may provide timely information for our subscribers. None of the contributors, sponsors, administrators, or anyone else connected with Selantek, Inc. in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from any Selantek publication or from material posted on the Selantek web sites..

The following relates to Information posted on the Selantek web site by non-Selantek personnel:

Information posted on a user available section of the Selantek web site is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, the individual Selantek contributors, any project administrators, or anyone else who is in any way connected with this project or sister projects subject to your claims against them directly. You are being granted a limited license to copy anything from this portion of the web site; it does not create or imply any contractual or extracontractual liability on the part of Selantek or any of its agents, members, organizers or other users.

There is no agreement or understanding between you and Selantek regarding your use or modification of this information; neither is anyone at Selantek responsible should someone change, edit, modify or remove any information that you may post on the Selantek web site or any of its associated projects.

Trademarks. Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the publications by Selantek are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these Selantek articles. Unless otherwise stated Selantek sites are neither endorsed by nor affiliated with any of the holders of any such rights and as such Selantek cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

Personality rights. Wikipedia contains material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.

Jurisdiction and legality of content. Publication of information found in Selantek web sites and/or publications may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Selantek database is stored on  servers in the State of California and Texas in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Selantek does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

Use of this site and it's purchasing engine are regulated by our acceptable use policies. You may not reuse any content including but not limited to the images, text content and programming code for any purpose. This site retains all copyrights not otherwise specified as trademarks of other products and companies.

All orders are verified with funding institutions. Any misuse of this site for the purpose of defrauding us is dealt with to the fullest extent of the law. If it is determined that an attempted order is fraudulent, we will report all information (Including your IP address) to the FBI, at http://www.ifccfbi.gov.

 You have the right to use any products purchased in a safe manner. No company either manufacturing or supplying these products are responsible for misuse or use resulting in damage to property or any other consequence. Be Safe!

 

 

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