Thursday, July 31, 2014
Legal Notice-Terms of Use License Agreement

Legal Notice-Terms of Use License Agreement

Please Read Before Accessing This Website

ACCEPTANCE OF TERMS. The services, documentation, and other information that Pepperweed Consulting, LLC., an Avnet Company (“Pepperweed”) provides to you are subject to the following Terms of Use License Agreement. ("TOU"). Pepperweed reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. By accessing, copying, or using any information contained at this website, you agree to be bound by the TOU terms and conditions described in this Legal Notice-Terms of Use and Pepperweed’s Website Privacy Policy located at www.pepperweed.com/privacy.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See our Privacy Statement located at www.pepperweed.com relating to our collection and use of Your information.

DESCRIPTION OF SERVICES. Within its websites, Pepperweed provides you with access to a variety of resources, including software tools, download areas, documentation, process models, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web pages, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Services are for your personal and non-commercial use. 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.

VISITOR, CUSTOMER OR CLIENT ACCOUNT, PASSWORD, AND SECURITY. If any of the Services allows or requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You will also choose a username and password. You are completely responsible for protecting and maintaining the confidentiality of your password and account. Additionally You or your authorized agents are completely responsible for your account or any breach of security. Pepperweed will not be liable for any loss that You may incur as a result of someone else using Your username, password, or account either with or without your knowledge. But You could be held liable for losses incurred by Pepperweed, Third Parties, and/or Suppliers due to someone else using your username, password or account. You are prohibited from using 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 Pepperweed server, or the network(s) connected to any Pepperweed 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 Pepperweed 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.

UNSOLICITED IDEA SUBMISSION POLICY. Neither Pepperweed nor any of its Employees accept or consider unsolicited ideas, including ideas for technologies or processes. Do not send any original work. If You do send unsolicited ideas or materials to us, Pepperweed makes no assurances that Your ideas or materials will be treated as confidential or proprietary.

LICENSE TO COPY INFORMATION. You are licensed to download and copy documentation, software, and other materials from this website provided you agree to the following terms and conditions.

  • You may use the materials for informational, non-commercial purposes only.
  • You may not alter or modify the materials in any way.
  • You may not use any graphics separate from any accompanying text.
  • You may distribute copies of the documentation available at this website only to customers and potential customers of Pepperweed. However, You may not charge them for such use. Any other distribution to third parties is prohibited unless You obtain the prior written consent of Pepperweed.
  • You may not use the materials in any way that may be adverse to Pepperweed's interests.

LIABILITY LIMITATION REGARDING SOFTWARE, DOCUMENTATION, TRANSACTIONAL DOCUMENTATION AND SERVICES PROVIDED ON THIS WEB SITE. IN NO EVENT SHALL PEPPERWEED, ANY THIRD PARTY, 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, DOCUMENTATION, TRANSACTIONAL DOCUMENTS PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

 

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE. Any software that is made available to download from the Services ("Software") is the copyrighted work of Pepperweed and/or its suppliers or other Third Parties. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download 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, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THE TRANSACTION DOCUMENTS. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT OR TRANSACTION DOCUMENTS, PEPPERWEED CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, PEPPERWEED MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PEPPERWEED DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN PEPPERWEED OR THIRD PARTY SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Pepperweed Consulting, LLC., 1603 Carmody Court, Blaymore II Suite 200, Sewickley, PA 15143

NOTICE SPECIFIC TO DOCUMENTATION AND/OR OTHER TRANSACTION DOCUMENTS AVAILABLE ON THIS WEB SITE. Permission to use Documentation (such as white papers, press releases, datasheets and FAQs) and Transaction Documents (“Transaction Documents” means any documents provided by Pepperweed, Third Parties, and/or Suppliers including quotations, license terms delivered or otherwise made available, published technical data sheets or service descriptions, limited warranty statements delivered with or otherwise made available with Pepperweed, Third Party, and/or Supplier Products, mutually executed Statements of Work, and other mutually executed documents that reference the Terms and Conditions of any Pepperweed, Third Party, and/or Supplier’s Agreements) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The Documentation and Documents specified above do not include the design or layout of the Pepperweed.com Web site or any other Pepperweed owned, operated, licensed or controlled site. Elements of Pepperweed Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Pepperweed Web site may be copied or retransmitted unless expressly permitted by Pepperweed.

PEPPERWEED, THIRD PARTIES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTATION OR TRANSACTION DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTATION AND TRANSACTION DOCUMEN TS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PEPPERWEED 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 PEPPERWEED 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 DOCUMENTATION, TRANSACTION DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEPPERWEED 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.

COPYRIGHT NOTICE. The Services, documentation, software, and other materials contained at this website are owned and copyrighted by Pepperweed Consulting, LLC. Copyright © 1995 - 2010 Pepperweed Consulting LLC., 1603 Carmody Court, Blaymore II Suite 200, Sewickley PA 15143 USA. All rights reserved.

LINKS TO OTHER SITES. This site may contain links to other websites operated by Third Parties. Pepperweed is not responsible for webcasting or any other form of transmission received from any linked site. Pepperweed is providing these links to You as a convenience. You acknowledge that Pepperweed neither endorses nor is affiliated with the linked sites and is not responsible for any content that appears on the linked sites. You also acknowledge that the owner of the linked sites neither endorses nor is affiliated with Pepperweed.

Pursuant to Title 17, United States Code, Section 512(c)(2), (http://www.copyright.gov/), the following information is provided EXCLUSIVELY for notifying Pepperweed Consulting, LLC. (“Pepperweed”) that Your copyrighted material may have been infringed on this website or in any other Pepperweed information, software, documents, or transaction documents. All other inquires will not receive a response through this process.

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Please note: If you materially misrepresent that online material, a product or activity is infringing your copyrights, you will be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury.
Your written Notification of Claimed Infringement must contain the following items to comply with Title 17, United States Code, Section 512(c)(3)(A):

  1. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  2. Description of the material that is claimed to be infringing and provide sufficient information to permit Pepperweed to locate that material (e.g. the URL).
  3. Your contact information, including postal mailing address, telephone number and email address.
  4. Statement that you have "a good faith belief that use of the material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  5. Statement that the information provided in the notice is accurate and that, under penalty of perjury, you are authorized to enforce the copyrights that you allege have been infringed.
  6. Physical or electronic signature of the copyright owner or an agent authorized to act on behalf of the copyright owner.

Counter Notification. The owner or administrator of an affected site may make a counter notification. When we receive a counter notification, we will promptly provide a copy of the counter notification to the person who provided the notification under subsection (c) (1) (C) and inform them that we will restore or cease blocking access to the material in 10-14 business days. Unless our designated agent first receives notice from the Complaining Party that such person has filed an action seeking a court order to restrain the Pepperweed subscriber from engaging in infringing activity relating to the material that was removed or blocked, Pepperweed will restore or cease blocking access to the material on the Pepperweed subscriber's site.
To file a counter notification with Pepperweed, you must provide written communication to our designated agent:
Pepperweed Consulting, LLC.
ATTN: DMCA Agent/General Counsel
1603 Carmody Court
Blaymore II, Suite 200
Sewickley, PA 15143
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Your written Counter Notification must contain the following items to comply with Title 17, United States Code, Section 512(g)(2) and (3):

  1. Identification of the specific material that Pepperweed has removed or blocked access.
  2. Your contact information - including name, postal mailing address, telephone number and email address - and a statement that you consent to the jurisdiction of the Federal District Court in which your address is located (or Allegheny County, Pennsylvania if your address is outside the United States), and that you will accept service of process from the person who provided notification under subsection (c) (1) (C) or an agent of such person.
  3. Statement that you "under penalty of perjury" have "a good faith belief that all of the material identified above was remove or blocked as a result of a mistake or misidentification of the material to be removed or blocked."
  4. Your physical or electronic signature.

To ensure prompt response, include all of the above information (preferably in a numbered list as above).

TRADEMARKS, SERVICEMARKS, COPYRIGHTS

Pepperweed Consulting, LLC. trademarks, Servicemarks, or Copyrights. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that Pepperweed has established in any of its product, feature, or service names or logos. The status column refers to the status of the trademark in the United States and/or other countries.
Pepperweed. (Insert Logo and correct font.)


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