Terms of Use
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms
of Use”) apply to the ADL Data web site located
at www.adldata.com, and all associated sites linked to
www.adldata.com by ADL Data. The Site is the property
of ADL Data Systems, Inc. (“ADL Data”) and
its licensors. BY USING THE SITE, YOU AGREE TO
THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ADL Data reserves the right, at its sole discretion,
to change, modify, add or remove portions of these Terms
of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued
use of the Site following the posting of changes will
mean that you accept and agree to the changes. As long
as you comply with these Terms of Use, ADL Data grants
you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, user interfaces, visual interfaces, trademarks,
logos, and computer code (collectively, “Content”),
including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and
arrangement of such Content, contained on the Site is
owned, controlled or licensed by or to ADL Data, and
is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights
and unfair competition laws.
Except as expressly provided in these Terms of Use,
no part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”)
to any other computer, server, Web site or other medium
for publication or distribution or for any commercial
enterprise, without ADL Data’s express prior written consent.
You may use information on ADL Data products and services
(such as data sheets, knowledge base articles, and similar materials)
purposely made available by ADL Data for downloading from the Site, provided that you
(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such
documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content,
to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available
through the Site. ADL Data reserves the right to bar
any such activity.
You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems
or networks connected to the Site or to any ADL Data
server, or to any of the services offered on or through
the Site, by hacking, password “mining” or
any other illegitimate means.
You may not probe, scan or test the vulnerability of
the Site or any network connected to the Site, nor breach
the security or authentication measures on the Site or
any network connected to the Site. You may not reverse
look-up, trace or seek to trace any information on any
other user of or visitor to the Site, or any other customer
of ADL Data, including any ADL Data account not owned
by you, to its source, or exploit the Site or any service
or information made available or offered by or through
the Site, in any way where the purpose is to reveal any
information, including but not limited to personal identification
or information, other than your own information, as provided
for by the Site.
You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on the
infrastructure of the Site or ADL Data’s systems
or networks, or any systems or networks connected to
the Site or to ADL Data.
You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper
working of the Site or any transaction being conducted
on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal
you send to ADL Data on or through the Site or any service
offered on or through the Site. You may not pretend that
you are, or that you represent, someone else, or impersonate
any other individual or entity.
You may not use the Site or any Content for any purpose
that is unlawful or prohibited by these Terms of Use,
or to solicit the performance of any illegal activity
or other activity which infringes the rights of ADL Data or others.
- · ADL Data’s obligations,
if any, with regard to its products and services are governed solely
by the agreements pursuant to which they are provided, and nothing on
this Site should be construed to alter such agreements.
- ADL Data may make changes to any products or services offered on the
Site, or to the applicable prices for any such products or services,
at any time, without notice. The materials on the Site with respect
to products and services may be out of date, and ADL Data makes no commitment
to update the materials on the Site with respect to such products
and services.
Accounts, Passwords and Security
Certain features or services offered on or through
the Site may require you to open an account (including
setting up an ADL Data ID and password). You are entirely
responsible for maintaining the confidentiality of your
account information, including your password, and for
any and all activity that occurs under your account.
You agree to notify ADL Data immediately of any unauthorized
use of your account or password, or any other breach of security
You may not use anyone else’s ADL Data ID, password
or account at any time without the express permission
and consent of the holder of that ADL Data ID, password
or account. ADL Data cannot and will not be liable for
any loss or damage arising from your failure to comply
with these obligations.
Privacy
ADL Data’s Privacy Policy applies to use of this
Site, and its terms are made a part of these Terms of
Use by this reference. To view ADL Data’s Privacy
Policy, click here. Additionally,
by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure.
You understand that any message or information you send
to the Site may be read or intercepted by others, even
if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the ADL Data Site
This Site may contain links to other independent third-party
Web sites (“Linked Sites”). These Linked
Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under ADL Data’s control,
and ADL Data is not responsible for and does not endorse
the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will
need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
ADL Data DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL
BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
ADL Data CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE
SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ADL
Data DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ADL Data DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS
AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE
OF THE SITE AND/OR ANY ADL Data SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ADL
Data FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE
SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability
or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration
of, or use, whether for breach of contract, tort, negligence
or any other cause of action.
ADL Data reserves the right to do any of the following,
at any time, without notice: (1) to modify, suspend or
terminate operation of or access to the Site, or any
portion of the Site, for any reason; (2) to modify or
change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the
operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will ADL
Data be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including
lost profits, even if ADL Data has been advised of the
possibility of such damages.
Indemnity
You agree to indemnify and hold ADL Data, its officers,
directors, shareholders, predecessors, successors in
interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or
expenses (including attorneys’ fees), made against
ADL Data by any third party due to or arising out of
or in connection with your use of the Site.
Violation of These Terms of Use
ADL Data may disclose any information we have about
you (including your identity) if we determine that such
disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may
be causing injury to or interference with (either intentionally
or unintentionally) ADL Data’s rights or property,
or the rights or property of visitors to or users of
the Site, including ADL Data’s customers. ADL Data
reserves the right at all times to disclose any information
that ADL Data deems necessary to comply with any applicable
law, regulation, legal process or governmental request.
ADL Data also may disclose your information when ADL
Data determines that applicable law requires or permits
such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that ADL Data may preserve
any transmittal or communication by you with ADL Data
through the Site or any service offered on or through
the Site, and may also disclose such data if required
to do so by law or ADL Data determines that such preservation
or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights of others,
or (4) protect the rights, property or personal safety
of ADL Data, its employees, users of or visitors to the
Site, and the public.
You agree that ADL Data may, in its sole discretion
and without prior notice, terminate your access to the
Site and/or block your future access to the Site if we
determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated
with your use of the Site. You also agree that any violation
by you of these Terms of Use will constitute an unlawful
and unfair business practice, and will cause irreparable
harm to ADL Data, for which monetary damages would be
inadequate, and you consent to ADL Data obtaining any
injunctive or equitable relief that ADL Data deems necessary
or appropriate in such circumstances. These remedies
are in addition to any other remedies ADL Data may have
at law or in equity.
You agree that ADL Data may, in its sole discretion
and without prior notice, terminate your access to the
Site, for cause, which includes (but is not limited to)
(1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the Site
or any service offered on or through the Site, or (4)
unexpected technical issues or problems.
If ADL Data does take any legal action against you as
a result of your violation of these Terms of Use, ADL
Data will be entitled to recover from you, and you agree
to pay, all reasonable attorneys’ fees and costs
of such action, in addition to any other relief granted
to ADL Data. You agree that ADL Data will not be liable
to you or to any third party for termination of your
access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access
to or use of the Site, including all disputes, will be
governed by the laws of the United States and by the
laws of the State of New York without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction
by and venue in the state and federal courts in Westchester
County, New York, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action
arises, or such claim or cause of action is barred. No
recovery may be sought or received for damages other
than out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between ADL
Data and you arising out of or in connection with your
use of the Site, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we
are unable to resolve any such dispute within a reasonable
time (not to exceed thirty (30) days), then either party
may submit such controversy or dispute to mediation.
If the dispute cannot be resolved through mediation,
then the parties shall be free to pursue any right or
remedy available to them under applicable law.
Void Where Prohibited
ADL Data administers and operates the www.ADL Data.com
Site from its location in Dobbs Ferry, New York, USA.
Although the Site is accessible worldwide, not all features,
products or services discussed, referenced, provided
or offered through or on the Site are available to all
persons or in all geographic locations, or appropriate
or available for use outside the United States. ADL Data
reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or
service to any person or geographic area. If you choose
to access the Site from outside the United States, you
do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content
or any copy or adaptation of such Content, or any product
or service offered on the Site, in violation of any applicable
laws or regulations, including without limitation United
States export laws and regulations.
If any of the provisions of these Terms of Use are held
by a court or other tribunal of competent jurisdiction
to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies
the intent of these Terms of Use, so that these Terms
of Use shall remain in full force and effect. These Terms
of Use constitute the entire agreement between you and
ADL Data with regard to your use of the Site, and any
and all other written or oral agreements or understandings
previously existing between you and ADL Data with respect
to such use are hereby superseded and cancelled. ADL
Data will not accept any counter-offers to these Terms
of Use, and all such offers are hereby categorically
rejected. ADL Data’s failure to insist on or enforce
strict performance of these Terms of Use shall not be
construed as a waiver by ADL Data of any provision or
any right it has to enforce these Terms of Use, nor shall
any course of conduct between ADL Data and you or any
other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted
or construed to confer any rights or remedies on any third parties.
Trademarks
Use of ADL Data trademarks may be prohibited, unless expressly authorized.
Copyright Information
A copyright is a property right in an original work
of authorship. Copyright is recognized in most countries
of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not
the idea itself. Copyrightable expressions can take many
forms but are usually categorized as literary, musical,
dramatic, pantomime and choreography, pictorial, graphic,
sculptural, computer programs, motion pictures, and sound recordings.
To obtain permission to use ADL Data copyrighted materials,
or to report claims of copyright infringement please
contact David Pollack.
Software Asset Management
It is important to manage software well, just as you
would any other valuable company asset, in order to avoid
serious problems. ADL Data aggressively enforces our
company's proprietary rights under the U.S. copyright
laws, but we know that poor software asset management
often keeps people from complying with the law.
For more information and tools to help your business
by practicing sound software asset management practices,
please refer to the BSA
Web site for further guidance and information.
PRODUCT FEEDBACK
ADL Data welcomes your feedback regarding many areas
of our existing business. If you want to send us your
feedback, and we hope you do, we simply request that
you send it to us via email (see our Contact
Page for the relevant email addresses). Please provide
only specific feedback on ADL Data's existing products
or marketing strategies; do not include any ideas that
ADL Data's policy will not permit it to accept or consider.
It's just one more way that ADL Data can learn how to
best satisfy your needs.
Software and Documentation Information
Documentation
Any person is hereby authorized to: a) store documentation
on a single computer for personal use only and b) print
copies of documentation for personal use provided that
the documentation contains ADL Data’s copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web
sites on the ADL Data web site is for informational purposes
only and constitutes neither an endorsement nor a recommendation.
ADL Data assumes no responsibility with regard to the
selection, performance or use of these products or vendors.
ADL Data provides this only as a convenience to our users.
ADL Data has not tested any software found on these sites
and makes no representations regarding the quality, safety,
or suitability of any software found there. There are
dangers inherent in the use of any software found on
the Internet, and ADL Data assumes no responsibility
with regard to the performance or use of these products.
Make sure that you completely understand the risks before
retrieving any software on the Internet. All third party
products must be ordered directly from the vendor, and
all licenses and warranties, if any, take place between
you and the vendor.
Links to Other Web Sites
ADL Data makes no representation whatsoever regarding
the content of any other web sites which you may access
from the ADL Data web site. When you access a non-ADL
Data web site, please understand that it is independent
from ADL Data and that ADL Data has no control over the
content on that web site. A link to a non-ADL Data web
site does not mean that ADL Data endorses or accepts
any responsibility for the content or use of such web site.
Feedback and Information
Any feedback you provide at this site shall be deemed
to be non-confidential. ADL Data shall be free to use
such information on an unrestricted basis.
Warranties and Disclaimers
ADL Data Computer, Inc. intends for the information
and data contained in the ADL Data web site to be accurate
and reliable, however, since the information and data
have been compiled by ADL Data from a variety of sources,
it is provided "as is." ADL DATA EXPRESSLY
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED
BY THE ADL Data WEB SITE, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON INFRINGEMENT.
Legal Contacts
Copyright
If you have any questions concerning the usage or licensing
of ADL Data copyrighted materials, contact
David Pollack.
The information contained in this web site is subject to change without notice.
Copyright © 1997-2003 ADL Data Systems, Inc. All rights reserved.
ADL Data, Inc., 20 Livingstone Ave., Dobbs Ferry, NY 10522-3400, USA.
Updated by The ADL Legal Team on 6/27/03 - Effective June 2003
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