
Welcome to the PIPS Technology website (this “Site”). This Site is owned and operated by PIPS Technology, Inc. (“PIPS”). Please read this Agreement carefully before using this Site. By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, downloading any software, and/or submitting your personal information to PIPS, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.
These Terms were last updated on September 1, 2006.
Certain areas of this Site which you access by using a password or other security device (including PIPS Partner Access) contain proprietary and confidential information of PIPS and/or its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information (“PIPS Confidential Information”). By accessing PIPS Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your PIPS network, or, if you are a PIPS Partner, your customers’ networks. You also agree to be careful with this PIPS Confidential Information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose. You will not alter, decompile, disassemble, reverse engineer, or modify any PIPS Confidential Information that you receive.
PIPS discourages you from sending us any information that you consider to be confidential or proprietary through this Site. Please note that if you do send us any such information or material, PIPS will assume it is not confidential. By sending PIPS information or material, you grant PIPS an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that PIPS is free to use any ideas, concepts, know-how or techniques that you send to PIPS for any purpose.
Any software which you download from this Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.
In using the Site, including all Content available through it, you agree that you shall not:
PIPS may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.
PIPS reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 2, 3, 4, and 8-18 of these Terms shall survive any termination of these Terms. PIPS may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that PIPS will not be liable to you or any third party in the event that PIPS exercises its right to modify or terminate access to the Site or portions of the Site.
PIPS will treat any information it collects from you through this Site in accordance with its web site Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.
In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright/, PIPS has designated an agent to receive notifications of alleged copyright infringement associated with the Site. PIPS will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at info@pipstechnology.com or through the address set forth at the end of this page. When notifying PIPS of the alleged copyright infringement, please include all of the following information:
As a convenience to you, this Site may provide links to web sites and access to content, products and services of third parties, including without limitation, PIPS’s affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. PIPS does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by PIPS, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers other than PIPS found on or through this Site.
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. PIPS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
This Site may contain indications of PIPS’ current plans. PIPS does not guarantee that any feature or product mentioned on this Site will be produced, or produced in the form described. PIPS reserves the right to modify its roadmaps without notice. Because international information is provided on this Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PIPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL PIPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, OR OTHERWISE RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (C) ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF PIPS HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.
Export of any information from this Site (including PIPS Confidential Information obtained through PIPS Partner Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative. You and will not sell, license, or otherwise provide or ship PIPS products or technical data (or the direct product thereof) for export or re-export to the following embargoed countries: Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia.
You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any PIPS technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People’s Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.
You agree not to transfer, export or re-export PIPS products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
All materials and software downloaded from this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the materials by the government constitutes acknowledgement of PIPS’ proprietary rights in such materials.
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by PIPS to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
These Terms shall be governed and construed in accordance with the laws of the United States and the State of Tennessee, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Knox County in the State of Tennessee with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of these Terms.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. PIPS’ failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by PIPS on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
If you have any questions about these Terms, the practices of PIPS, or your dealings with this Site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.
E-mail: info@pipstechnology.com
Address: PIPS Technology Inc.
804 Innovation Drive
Knoxville, TN 37932
United States of America
Telephone: +1 865 392 5540