Terms and Conditions Of Use

Use of Site

ESA authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.

Use of Software

If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

User Submissions

Other than personally identifiable information, which is covered under the ESA Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications").  ESA will have no obligations with respect to the Communications. ESA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

 

Links To Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. ESA has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, ESA does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

ESA further does not warrant the accuracy and completeness of the materials at this Site. ESA may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. Although ESA makes reasonable efforts to provide accurate and timely material, the materials at this Site may be out of date, and ESA makes no commitment to update the materials at this Site.  Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local ESA technical contact for information regarding the products, programs and services that may be available to you. ESA also assumes no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Site or your downloading of any materials, images, content, data, video or audio files, etc., from the Site or any Web sites linked to or from this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL ESA, ITS SUPPLIERS, AGENTS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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.

 

U.S. Government Restricted Rights

Government users will receive no greater than the Restricted Rights as defined in FAR 52.227-19(c)(1 and 2) (June 1987) as applicable in any Software. Government users will receive no greater than the Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b)(2) (November 1995), as applicable in any technical data at this Site.

Applicable Laws

This Site is administered by ESA from its offices in Chelmsford, Massachusetts. ESA makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws.

General

These Terms represent the entire agreement between you and ESA relating to the subject matter herein and shall not be modified except by ESA as provided herein or through a written document signed by both parties. If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision. ESA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

Note:  Anyone linking to ESA's Web site must comply with the Guidelines for Linking to ESA's Web Site and all applicable laws.

 

These Terms and Conditions of Use were last updated October 31, 2005.