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Terms of Use Welcome to www.MTConnect.org (such site and all contents included therein, including without limitation the MTConnect® Materials as defined below, the “Site”), which is operated by MTConnect Institute (“MTConnect”), a forum sponsored by AMT — The Association For Manufacturing Technology (“AMT”) and the MTConnect Institute. MTConnect is a collaborative effort to develop technical standards and specifications intended to foster greater interoperability between automation/control applications, field systems/devices, and business/office applications in the manufacturing industry (“MTConnect Specifications”), as well as schema, prototype software examples, and related documentation in order to facilitate the implementation of the MTConnect Specifications in compliant applications, drivers, and other services (together with the MTConnect Specifications and any related materials, updates or modifications to any of the foregoing, the “MTConnect Materials”). The following Terms of Use govern your access to and use of the Site; provided that, access to designated MTConnect Materials, and the opportunity to submit comments concerning draft MTConnect Specifications and other MTConnect Materials, are governed by a separate Public Evaluation and Comment License Agreement, as further defined in Section 3 below. By accessing the Site and its Contents, or by otherwise using the Site, you agree to be legally bound by these Terms of Use. Please review the entire Terms of Use carefully. The Terms of Use may be updated without notice, and you should review them from time to time because your continued use of the website constitutes your acceptance of the revised Terms of Use. 1. Privacy Your use of the Site and your personal information will be governed by the MTConnect Privacy Policy set forth at http://www.MTConnect.org. 2. Applicable Laws and Authorized Use You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from MTConnect. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. Use of the Site is for your personal and non-commercial use and these Terms of Use do not grant you any express or implied rights to access or use the Site for any other purpose. 3. Registration MTConnect has made certain MTConnect Materials available in draft form for review, comment, and use by registered users of the Site under the terms and conditions set forth in the Public Evaluation and Comment License Agreement (“Evaluation License”). You must become a registered user and accept the terms of the Evaluation License to have access to these MTConnect Materials and to submit comments, such as written suggestions or other feedback (“Comments”) about the MTConnect Materials. You may not submit, and AMT and its forum MTConnect will not accept, Comments in any form about the MTConnect Materials unless you are a registered user and affirmatively agree to be bound by the terms of the Evaluation License. You may register and accept the Evaluation License at www.MTConnect.org. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form, and maintain and promptly update this information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and username you provide during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify MTConnect of any unauthorized use of your password or username or any other breach of security. MTConnect has the right to suspend or terminate your account and refuse any and all current or future use of the Site if it suspects that such information is untrue, inaccurate, not current or incomplete, or for any other reason. 4. Copyrights All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, including without limitation the MTConnect Materials, and the selection, coordination, and arrangement of such content (collectively, the “Content”), are owned by AMT or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as specifically provided in the Evaluation License or as otherwise indicated by MTConnect in writing, you are authorized to make use of the Content for personal, educational or non-commercial purposes only, subject to these Terms of Use, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without AMT’s prior written consent, except as specifically provided in the Evaluation License. Requests for permission to reproduce any Content must be made in writing to: Paul Warndorf 7901 Westpark Dr. McLean, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide Paul Warndorf, address provided above, with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. We will remove any content that infringes upon the copyright of any person under the laws of the 5. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, and designs of all MTConnect or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to AMT or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent, trademark, or service mark of MTConnect or any third party. 6. User Content and Communications Other than personal information, which is covered under the MTConnect Privacy Policy, any information you transmit or post to the Site, including without limitation Comments, shall be considered non-confidential and not proprietary to you. AMT does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site, except as expressly provided in the Evaluation License. However, by submitting or posting information on, to, or through the Site, you agree that AMT and its forum MTConnect shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (a) is copyrighted, unless you are the copyright owner; (b) to your knowledge infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (c) reveals a trade secret, unless you own it, or any other content that you do not have the right to submit under any law or which would put you in breach of a contractual or fiduciary obligation; (d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by MTConnect in its sole discretion; (e) is illegal or otherwise objectionable, or that would breach applicable laws or regulations, including data protection or privacy laws; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (g) contains viruses, Trojan horses, worms, logic bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. By using the Site, you understand and agree that MTConnect may at any time, in its sole discretion, monitor, review, remove, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that MTConnect may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under these Terms of Use or the Evaluation License, or otherwise to protect the rights and property of AMT, MTConnect or any third party. 7. Prohibited Uses Generally Without limiting the foregoing, you agree not to: (a) delete or revise any material or other information of any other user, AMT, or MTConnect; (b) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (c) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise interferes with or impairs the operation and functionality of the site; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from MTConnect on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site; (g) impersonate any entity or organization or misrepresent your affiliation with any person or organization; (h) solicit Site users to join outside sites or online services or organizations; or (i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges. You further agree not to violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (j) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (k) attempting to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. MTConnect will investigate and work with law enforcement authorities to prosecute users who are involved in such violations. 8. Third-Party Content and Links to Third-Party Web Sites The Site may contain third-party owned content and links to other websites (“Linked Sites”). AMT and MTConnect do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of AMT or MTConnect, and neither AMT nor MTConnect is responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. MTConnect is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by AMT or its forum MTConnect in favor of any third party. 9. Disclaimer of Warranties THE SITE IS PROVIDED “AS IS.” AMT, MTCONNECT, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, SPONSORS, AND AGENTS (COLLECTIVELY, THE “AMT PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE MTCONNECT MATERIALS. THE AMT PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AMT PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES OF TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE MTCONNECT MATERIALS OR THE OTHER CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY ANY OF THE AMT PARTIES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ANY OF THE AMT PARTIES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE AMT PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE MTCONNECT MATERIALS OR OTHER CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE MTCONNTECT MATERIALS OR OTHER CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MTCONNECT MATERIALS AND ANY OTHER CONTENT ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE AMT PARTIES DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. 10. Limitation of Liability YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS OF USE OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THE TERMS OF USE (OR RELATING TO THE MTCONNECT MATERIALS OR OTHER CONTENT INCLUDED IN THE SITE) IS YOUR RIGHT TO TERMINATE YOUR ACCOUNT IMMEDIATELY UPON NOTICE TO MTCONNECT. IN NO EVENT WILL ANY OF THE AMT PARTIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, AND EACH OF THEIR RESPECTIVE MEMBERS, SPONSORS, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF THE REMEDY PROVIDED IN THESE TERMS OF USE FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE THE AMT PARTIES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AMT and/or MTConnect have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the AMT Parties’ liability in such jurisdictions shall be limited to the extent permitted by law. 11. Indemnification You agree to defend, indemnify, and hold harmless THE AMT PARTIES and third parties who contribute to the sITE from any loss, damage, or cost (including attorneys' fees) resulting from your use or misuse of the SITE, any information you submit, post, or transmit through our site, OR your violation of these TERMS of USE. 12. Choice of Law and Forum The Terms of Use are subject to the laws of the State of 13. Termination MTConnect reserves the right, in its sole discretion, to terminate your access to and use of the Site, in whole or in part, including termination of your account and/or your access to the MTConnect Materials and Content, for any reason. You agree that any termination of your access or account may be effected without prior notice. You further acknowledge that we will not be liable to you for any termination of your access to or use of our website. Otherwise applicable sections of the Terms of Use, including Section 1, Sections 4 through 7, Sections 9 through 14 shall survive termination. 14. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMT or MTConnect as a result of the Terms of Use or your access to and use of the Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any portion of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 15. Variations AMT and MTConnect reserve the right to alter or delete materials from the Site at any time at its discretion, and may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. If you have any questions about these Terms of Use, please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .
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