THIS SET OF TERMS AND CONDITIONS (“INNOTAP Website Terms Of Use,” or “Terms Of Use”) APPLIES TO YOUR USE OF THE INNOTAP WEBSITE. YOUR USE OF THE INNOTAP WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.
Grant, Restrictions, And Ownership
Innovation Tap LLC and its suppliers, as applicable (“INNOTAP”), hereby grant You the right to use the content comprising the INNOTAP Website (the “Content”). You may print the Content on The INNOTAP Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by INNOTAP from a variety of sources, and is subject to change without notice. You may not attempt to “pass-off” any of the Content as your own work.
You acknowledge that certain areas of the INNOTAP Website may apply other rights and/or restrictions to their use in their own manner (“Separate Licenses”). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.
SOFTWARE:
Specifically, but without limitation, any computer software downloadable or otherwise available through the INNOTAP Website is licensed subject to the terms and conditions of its own applicable license agreement, and specific terms and conditions applicable to Software in download licenses within the INNOTAP Website or otherwise available through the INNOTAP Website will supersede the provisions of these Terms Of Use.
The use of certain areas of the INNOTAP Website is further restricted to INNOTAP support customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of INNOTAP or its suppliers, including without limitation such permission as may appear within the INNOTAP Website.
Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the “Applicable Laws”), including without limitation as indicated selectively within the Content. INNOTAP and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.
You may use, print and/or download from the INNOTAP Website the Content displayed on the INNOTAP Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use the INNOTAP Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.
You agree that the Content is the proprietary information of INNOTAP and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable INNOTAP Website purposes indicated in association with the particular Content.
Images In Innotap Website
Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the INNOTAP Website without securing the advance written consent of INNOTAP. To request permission, send an email, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.
Communications From You To The Innotap Website
Except for orders for products provided through the INNOTAP Website and as specified in our Privacy Statement, all communications from You to the INNOTAP Website will be considered non-proprietary and non-confidential, and INNOTAP will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize INNOTAP to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the INNOTAP Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the INNOTAP Website. INNOTAP is not liable for any unauthorized use of any accounts you establish through the INNOTAP Website (e.g., through INNOTAP’s Online support-related services) by You, your employees, agents or anyone else.
Availability Of Innotap Website
You acknowledge that temporary interruptions in the availability of the INNOTAP Website may occur from time to time as normal events. Under no circumstances will INNOTAP or its suppliers be held liable for any damages due to such interruptions. The INNOTAP Website and the Content may include technical inaccuracies or typographical errors. The INNOTAP Website is made available internationally and may contain references to products, programs and services of INNOTAP and/or its suppliers that are not available in your location. Such references do not imply that INNOTAP or its suppliers intend to make available such products, programs or services in your location.
Monitoring
It is neither the policy nor a practice of INNOTAP to review communications with the INNOTAP Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, INNOTAP reserves the right to review such communications but has no such obligation. INNOTAP shall have no responsibility or liability for the content of any communications posted to the INNOTAP Website, nor for any errors or violations of any applicable laws or regulations. INNOTAP will comply with court orders in any jurisdiction directing INNOTAP to disclose the identity of anyone posting communications to the INNOTAP Website.
Links With Other Sites
INNOTAP is not responsible for the content of any other web site linked to or from the INNOTAP Website. If you link to another site, you leave the INNOTAP Website. If you decide to link to another site, you do so entirely at your own risk. INNOTAP may provide links from the INNOTAP Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
Export/Encryption Control
You acknowledge that USA export control laws and regulations apply to the entire INNOTAP Website, including without limitation the U.S. Department of Commerce Export Administration Regulations (“E.A.R.”) which prohibit the export or re-export of products and technology to certain countries and persons. You hereby assure You will not export, re-export, or transfer any software (acquired by You through the INNOTAP Website [“Software”]) in violation of any applicable export control laws and regulations, including without limitation USA versions of the same. If You are outside the USA, You represent You are eligible to receive items exported from the USA and are not: (1) a resident or national of any country subject to a USA trade embargo; (2) listed on the “Entity List,” “Denied Persons List,” or “Specially Designated Nationals List” maintained by the U.S. government; (3) engaged in [a] civil or military nuclear activities; [b] chemical or biological weapons-related activities; or [c] missile technology in or for a country subject to USA proliferation controls; or (4) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent You will not supply Software to any end-user of the types listed above without prior U.S. government authorization. You acknowledge Software may contain encryption and be subject to more stringent restrictions under the E.A.R. You represent You are not a government end-user outside of the following countries: Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and United Kingdom; a government end-user is any foreign, regional, or local government department, agency, or other entity performing governmental functions. You represent You will not supply Software to any government end-user outside of the countries listed above without prior U.S. government authorization. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the INNOTAP Website will supersede the provisions of this paragraph.
U.S. Government Limited Rights
You hereby acknowledge that any software (except as to open/free source) acquired from the INNOTAP Website, including without limitation through the INNOTAP Website, is acquired as “commercial computer software” (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is Innovation Tap LLC, 50 Berrywood Lane, Dresher, Pennsylvania. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the INNOTAP web site will supersede the provisions of this paragraph.
Disclaimer
THE CONTENT PROVIDED AT THIS INNOTAP WEBSITE IS PROVIDED “AS IS” AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. INNOTAP does not warrant the accuracy and completeness of the Content on the INNOTAP Website. INNOTAP takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the INNOTAP Website. The Content at the INNOTAP Website may be out of date, and INNOTAP makes no commitment to update the Content at the INNOTAP Website. Information published at the INNOTAP Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the INNOTAP Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the INNOTAP Website will supersede the provisions of this paragraph.
Limitation Of Liabilities
IN NO EVENT WILL INNOTAP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE INNOTAP WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS INNOTAP WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT INNOTAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the INNOTAP Website will supersede the provisions of this paragraph.
Indemnification
Upon the request of INNOTAP, you agree to defend, indemnify and hold harmless INNOTAP and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the INNOTAP Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the INNOTAP Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the INNOTAP Website will supersede the provisions of this paragraph.
Trademarks
The trademarks, service marks and logos (trademarks) of INNOTAP and/or others used on the INNOTAP Website are the property of Innovation Tap LLC, its suppliers, or their respective owners. You may not use, and nothing contained on the INNOTAP Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the INNOTAP Website without the written permission of Innovation Tap LLC or the respective owner, which written permission may be expressed within the INNOTAP Website.
Governance
This INNOTAP Website is operated and controlled from INNOTAP’s offices in Pennsylvania, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of Pennsylvania (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the INNOTAP Website and your connection to and use of the INNOTAP Website. Both INNOTAP and You submit to exclusive jurisdiction in Pennsylvania and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Philadelphia, Pennsylvania.
INNOTAP makes no representation or warranty that any communications or Content on the INNOTAP Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our INNOTAP Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.
