© erwin, Inc. 2017. All rights reserved.
This Agreement governs your access to and use of all information, text, articles, images, documents, interactive content (e.g. blogs and wikis) software or other materials (collectively, “Materials”) published by erwin on this site (hereinafter, the “Site”). The Site and all Materials made available through the Site are the subject of intellectual property rights of erwin its subsidiaries or licensors, and no license (other than as specified herein) is granted hereunder. The content on the Site, is specifically protected under applicable copyright law, including as a collective work. Any of the Materials made available by us through the Site may be provided subject to separate or additional terms, conditions and restrictions contained in an applicable license agreement or other end user agreement governing such Materials.
erwin hereby authorizes you to view, print, and copy Materials published by erwin on this Site, provided that (a) the Materials may be used internally only for informational, non-commercial purposes; (b) you may not edit or modify the Materials; and (c) any and all copyright, trademark or other proprietary notices that appear herein must appear on all copies that you make
By using or downloading any materials from this Site, you agree to these Terms and Conditions. These terms may be changed at any time at the sole discretion of erwin. You agree to such modified terms by using or downloading Materials from the Site.
Duties of Site Visitors
You agree not to share with any third party any information relating to the Site including but not limited to any login and password (“login/password”) or related information or materials issued by erwin in connection with the Site. You agree not to engage in any activity that would, or reasonably could, destabilize or otherwise jeopardize the integrity of the Site. You agree to promptly report to erwin any known security breach, including the compromise of a login/password or other fact that may jeopardize the integrity of the Site.
You agree not to upload, post, or otherwise publish on or over the Site any software, files, information, communication, or other content (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances and in erwin’s good faith judgment, is or is likely to be perceived by an intended recipient as deceptive, misleading, defamatory, abusive, or otherwise offensive; (c) which adversely affects the performance or availability of the service; (d) which contains any malware (e.g., any virus, worm, or cancelbot), harmful component or corrupted data; or (e) which contains any advertising, promotion, or solicitation of goods or services for commercial purposes. You agree at all times to comply with and abide by all applicable erwin guidelines and policies and agree that should you violate such guidelines erwin may terminate your access to the Site.
You agree to indemnify, defend and hold erwin harmless from any and all damages, liabilities, costs and expenses incurred by erwin as a result of any claim, judgment or adjudication against erwin by any third party arising out of the use or distribution of software, files, information, communication or other content that you submit to the Site. In the event that erwin receives notice of such a claim, erwin will promptly notify you in writing and will permit you to have the sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided you give adequate assurances to erwin that you will diligently pursue resolution of the claim.
Confidentiality; No Warranty and Liability Limitations
This Site and all Material provided through the Site including, without limitation, any of erwin’s or its subsidiaries’ product or service plans, software programs, software code, offerings, or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by erwin at any time without notice. You agree not to disclose the Information to any third party.
erwin assumes no responsibility for the accuracy or completeness of the Materials provided through the Site and you expressly agree that your use of the Site is at your sole risk. The Site may contain Materials that do not originate with erwin. ERWIN DOES NOT ENDORSE OR IN ANY WAY VOUCH FOR THE TRUTHFULNESS OR RELIABILITY OF ANY OPINION, ADVICE, COMMUNICATION, INFORMATION OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE. ERWIN MAKES NO WARRANTY (A) AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SITE OR (B) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, AND ANY INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
ERWIN AND ITS EMPLOYEES, AGENTS, LICENSORS AND OTHERS PROVIDING INFORMATION OR CONTENT FOR THE SITE FURTHER DISCLAIM ANY LIABILITY IN CONNECTION WITH THE SITE OR ANY OTHER WEBSITES OR THE INFORMATION PROVIDED HEREIN. IN NO EVENT WILL ERWIN OR ANY OF ITS EMPLOYEES, AGENTS, LICENSORS OR OTHERS PROVIDING INFORMATION OR CONTENT FOR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF (OR INABILITY TO USE) THE SITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON CUSTOMER’S SYSTEMS OR OTHERWISE, EVEN IF ERWIN OR ANY OF SUCH OTHER PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow certain exclusions of consequential damages or limitation of liabilities, so some of the above may not apply to you.
The Site may contain hyperlinks to other Web sites controlled by parties other than erwin. erwin is not responsible for and does not endorse the contents or use of these Web sites. erwin provides these links only as a convenience and the inclusion of any link does not imply endorsement by erwin or the Site.
Restricted Rights Legend
The Information is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable. Contractor/manufacturer is erwin, Inc., One Harbour Place, 777 South Harbour Island Blvd, Suite 420, Tampa, FL 33602.
The erwin logo and various product names referenced herein are either registered trademarks or trademarks of erwin, Inc. All other trademarks, trade names, service marks and logos referenced herein belong to their respective owners.
Unless expressly provided otherwise by erwin, all comments, feedback, information or materials submitted to erwin through or in association with the Sites shall be considered non-confidential and erwin’s property. By submitting such comments, feedback, information or materials to erwin, you agree to a no-charge assignment to erwin of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. erwin shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Any Software available on the Site is subject to United States export controls. No Software, Information or access to the Site may be downloaded or otherwise exported or re-exported directly or indirectly: into (or to a national or resident of) any country to which the United States has embargoed goods; or any organization or company on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, or the United States Department of Commerce Entities List, Table of Denial Orders or Denied Parties List. The Site may not be used for any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons for mass destruction. By downloading or using Software or accessing the Site you are agreeing to the foregoing and all applicable import and export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list and will not use the Site in violation of any applicable law or regulation.
YOU ALSO AGREE NOT TO UPLOAD ON OR OVER THE SITE ANY SOFTWARE THAT CONTAINS ENCRYPTION CODE THAT IS SUBJECT TO THE LAWS AND REGULATIONS OF THE GOVERNMENT OF THE UNITED STATES OR OTHER COUNTRIES.
Governing Law and Jurisdiction
erwin controls the Sites from its offices in Tampa, Florida, United States of America. You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Sites shall be governed by U.S. federal law or the laws of the State of Florida. You consent to the jurisdiction of the state and federal courts located in the State of Florida for the resolution of any and all claims and disputes arising out of and/or relating to its access to, or use of, the Sites. If there is a determination that any provision of this Agreement is invalid or unenforceable, that determination will not affect the rest of this Agreement, and this Agreement shall be deemed amended to the minimum extent necessary to make the remainder valid and enforceable.
This Agreement, together with any erwin guidelines or procedures referenced herein, represents the entire agreement between erwin and you with respect to access to and use of the Site. If you have any questions concerning legal or other matters described above, contact the erwin Legal Department.