PSP Products, its subsidiaries, and affiliates’ (“PSP”) web sites (“PSP sites”) are provided for informational purposes. Unless otherwise specified, all material on these sites may only be downloaded for personal non-commercial use with copyright and trademark notices in place. By using these sites, you agree (“Agreement”) to abide by these terms and conditions.
User Access
PSP Inc. may at any time, in its sole discretion: (1) revoke the access of any user to this site; (2) modify, change, withdraw or delete this site and/or any of these conditions of use in whole or in part.
Links to Third Party Sites
Any links provided on PSP Inc. sites may allow the user to leave the PSP sites. The linked sites may not be under the control of PSP Inc., and PSP shall not be responsible for the content of any linked site or link contained in a linked site. PSP Inc. provides these links as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by PSP Inc. of that site. If you decide to visit a linked site, you do so at your own risk.
Trademarks
“PSP Inc. “, PSP (LOGO) and/or other PSP names or products referenced herein are trade names, trademarks and/or service marks of PSP Inc. LLC, or its subsidiaries and affiliates (“PSP services”) and are registered in the United States. The PSP Marks are to be used only under license. Any other use is an unauthorized use. Other product or company names mentioned herein may be the trade name, trademark, or service mark of their respective owners.
Software
Any software (“Software”) that may be made available to download from the server of this site may be the copyrighted work of PSP Inc. and/or its suppliers. Use of the Software is governed by the terms of the end – user license agreement, which accompanies or is included with the Software (“License Agreement”). Any Software made available for downloading is solely for use by end – users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PSP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
License to PSP
PSP Inc. does not want you to send any confidential or proprietary information via PSP sites. By posting messages, uploading files, inputting data or engaging in any other form of communication through this service, you agree to grant PSP a royalty-free, perpetual, nonexclusive, unrestricted worldwide license to:
Use, copy, sublicense, adapt, transmit, re-transmit, distribute and/or publicly perform or display any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit all rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or other intellectual property including right of publicity laws under any relevant jurisdiction.
Disclaimer
THE DATA AND INFORMATION CONTAINED IN THIS WEB SITE ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PSP SITES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CONDITION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PSP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL PSP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PSP PRODUCTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PSP PRODUCTS OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
Limitation of Damages
IN NO EVENT SHALL PSP BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. PSP RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED.
THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EATON IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PSP MATERIAL, OR WITH ANY OF PSP’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to defend, indemnify, save and hold harmless PSP, its licensees and PSP’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
International Users
The PSP Inc. sites are controlled, operated, and administered from within the United States of America. PSP makes no representation that the PSP sites are appropriate or available for use outside the United States. You are prohibited to access the PSP sites from countries or territories where any content on the PSP sites might be illegal or prohibited. You may not use the PSP sites or any materials thereon which may violate any U.S. export laws or regulations.
Notice Requirements of DMCA
Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) to service providers designated agent: Steve Uhl, PSP Products Incorporated LLC, 8535 Phoenix Drive, Manassas, VA 20110, 800-648-6802, steveu@pspsproducts.com.
Termination
This Agreement constitutes the entire Agreement and is effective until terminated by PSP Inc. at any time for any reason without notice. In the event of termination, you are no longer authorized to access this site or other PSP sites, and the restrictions imposed on you with respect to material downloaded from either this site or others, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination.