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ACCEPTANCE OF TERMS AND CONDITIONS.
The services that ESI provides to you are subject to the following Terms and Conditions.
ESI reserves the right to update the Terms and Conditions at any time without notice
to you. The most current version of the Terms and Conditions can be accessed by
clicking on the "Terms and Conditions" link located at the bottom of our website.
By using the ESI website you agree to these Terms and Conditions.
DESCRIPTION OF SERVICES. As seen on the website and other advertising, ESI provides
you with access to a number of technology services, including network services,
hardware and software sales services, software and web application development services,
managed services, and technical support services. The Services, including any revisions,
updates, new features, and/or the addition of any new services on the ESI website
are subject to the Terms and Conditions.
PERSONAL AND BUSINESS USE LIMITATION. Unless otherwise specified, the Services are
for your personal, business and/or corporate consumption. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services obtained
from the Services.
SOFTWARE AVAILABLE ON THE ESI WEBSITE. Any software that is made available to download
from ESI is the copyrighted work/property of ESI and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement which is part
of or is included with the Software ("License Agreement"). This Software is available
for download only for use by end users according to the License Agreement. Any reproduction,
redistribution or reverse-engineering of the Software is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE PREVIOUS STATEMENT, it is unlawful to copy or reproduce any
ESI software on a non-ESI server for distribution or sale unless a license is grated
from ESI to do so. THE SOFTWARE IS WARRANTED, IF AT ALL, ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT ONLY. ESI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT UNLESS WARRANTED IN THE LICENSE AGREEMENT.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE. Permission to use Documents
(such as white papers, schematics, samples, and FAQs) from the Services is granted,
provided that (A) the ESI copyright notice appears in all copies (B) use of such
Documents from the Services is for informational and non-commercial or personal/business
use only and will not be copied or posted on any network computer or broadcast in
any media, and (C) no modifications of any Documents are made. Use for any other
purpose is prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Documents specified
above do not include the design or layout of the ESI.com Web site or any other ESI
owned, operated, licensed or controlled property. Elements of the ESI Website are
protected by trademark and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from the ESI Website may be copied
or retransmitted unless permitted in writing by ESI.
ESI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ESI AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
ESI AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. ESI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL ESI
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
If any of the ESI Services requires you to open an account, you must complete the
registration process by providing current, complete and accurate information as
prompted by the applicable registration form. You also may choose a password and
a user name. You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree to notify ESI immediately
of any unauthorized use of your account or any other breach of security. ESI will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by ESI or another party due to someone else using
your account or password. You may not use anyone else's account at any time, without
the permission of the account holder. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any ESI server, or the network(s) connected to any ESI server, or interfere
with any other party's use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts, computer systems or networks
connected to any ESI server or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through the Services.
USE OF SERVICES The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication Service" and collectively
"Communication Services").
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
• Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
• Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage information
or any portion thereof.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement. LINKS TO THIRD
PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE ESI'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF ESI AND ESI IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. ESI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. ESI IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ESI OF THE SITE. UNSOLICITED
IDEA SUBMISSION POLICY. ESI OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
ESI'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
ESI. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ESI OR ANYONE AT ESI. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT ESI MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. COPYRIGHT NOTICE. © 2007 Elite Systems
Integrators, Inc. Any rights not expressly granted herein are reserved. Send your
questions to the appropriate contact: info@esi-ca.com
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