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optimalOne System
Terms and Conditions
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PLEASE READ CAREFULLY. This document outlines the Terms and Conditions ("Terms") that govern your access to and use of the optimalOne System in the CIMA Web site ("Site"), from CIMA, PSN and its relevant partners (herein referred to as "CIMA"). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GENERAL. CIMA may make improvements and/or changes in the products and/or programs described on this Site at any time with or without notice. CIMA will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this site is at your own risk.
LIMITATION OF LIABILITY. In no event will CIMA and its partners be liable to any party for any direct, indirect, special or other consequential damages for any use of this site, or on any other hyper linked wedsite, including, without limitation, any loss profits, lost revenue, business interuption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
COPYRIGHT AND TRADEMARK. The copyright in all material provided on this Site is held by CIMA or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CIMA or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without CIMA's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
CONFIDENTIAL INFORMATION. You may be given access to CIMA confidential information through this site or links from this site. You may not disclose CIMA confidential information to any third party without the written consent of CIMA. You must protect CIMA confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. CIMA confidential information includes, but is not limited to - all non-public information regarding CIMA, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, drawings, plans, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to CIMA. You may enter into separate non-disclosure agreements with CIMA governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
PASSWORD AND USER NAME. Access to content on this Site is password controlled. By registering for an account, a password and the right to use this site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password controlled content) and that all information provided in the registration process is accurate and correct. You further certify that any purchase orders placed by you are with the full authority to bind your company and any information provided by you in availing yourself to any of the services accessible through this site is true and accurate. Your user name and password are unique to you/your company. You are solely responsible for maintaining the confidentiality of your user name, password and access to your account. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify CIMA immediately of any unauthorized use of your user name, password or account or any other breach of security. CIMA will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CIMA as a result of the misuse of your user name, password or account.
SUBMISSION OF INFORMATION OR MATERIALS. Except for the details of your product orders, and confidential and/or proprietary information or materials covered by an existing non-disclosure agreement - you agree that any information or materials that you submit to CIMA via this Site or any email links provided on this site will not be considered confidential or proprietary. By submitting information or materials to CIMA via this Site or email links provided therein, you represent that you have the authority to grant and in fact do grant to CIMA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials world-wide, in whole or in part, and you further agree that CIMA is free to use any ideas, concepts or know-how that you submit for any purpose.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. CIMA's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. CIMA may revise these Terms at any time by updating this posting. Your continued use of this Site after the posting of any changes to these Terms constitutes your acceptance of those changes.
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