Effective: November 17, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.
This Website (www.cemsys.com) is owned and operated by Sensormatic Electronics, LLC and its affiliates (“Tyco Security Products”). The pages and materials contained on this Site are the property of Tyco Security Products or are owned by a third party and are used by Tyco Security Products under license. Tyco Security Products reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, Tyco Security Products may, its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.
Tyco Security Products grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms. You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. Tyco Security Products authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:
· You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
· You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
· You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions.
You agree not to change or delete any proprietary notice from materials downloaded from the Site. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, Tyco Security Products does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
LINKING TO THE SITE
If you link to Tyco Security Products' Site, you agree that you:
· Will not replicate any Tyco Security Products Site content;
· Will not frame or otherwise create a browser or border environment around Tyco Security Products Site content;
· Will not imply that Tyco Security Products is endorsing you, your company or business, your web site or its contents, your products or your services;
· Will not misrepresent your or your website's relationship with Tyco Security Products;
· Will not present false, misleading or inaccurate information about Tyco Security Products, Tyco Security Products' products or services, or any of Tyco Security Products' affiliates or their products or services;
· Will not disparage Tyco Security Products, Tyco Security Products' products or services, or any of Tyco Security Products' affiliates or their products or services;
· Will not use Tyco Security Products' trademarks, logos or copyrighted materials without first receiving express prior written permission from Tyco Security Products.
· Will not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial and will include on your site only content that is appropriate for all age groups;
· Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without Tyco Security Products' prior written permission.
TYCO SECURITY PRODUCTS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. TYCO SECURITY PRODUCTS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM OR INFORMATION SHALL BE AT YOUR SOLE RISK. TYCO SECURITY PRODUCTS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. TYCO SECURITY PRODUCTS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND TYCO SECURITY PRODUCTS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, AND TYCO SECURITY PRODUCTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY AND LIMITATIONS OF DAMAGES
You agree to indemnify, defend and hold harmless Tyco Security Products, its affiliates, and its and its affiliates respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL TYCO SECURITY PRODUCTS, ITS AFFILIATES OR ANY OF ITS OR ITS AFFILIATES RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF TYCO SECURITY PRODUCTS OR SUCH OTHER PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION PROVIDED BY YOU.
INTERNATIONAL USERS AND GOVERNING LAW
This Site is operated and administered from within the United States of America (“U.S.”). If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Florida for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
These Terms constitute the entire agreement between Tyco Security Products and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
>The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Tyco Security Products and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Tyco Security Products or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Tyco Security Products will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to Tyco Security Products. All content of this Site is owned or controlled by Tyco Security Products. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Tyco Security Products Legal Department.
Tyco Security Products maintains this Site for your personal information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Tyco Security Products’ prior written consent.
Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Tyco Security Products, and/or its affiliates, unless otherwise indicated.
© Copyright 2010 Tyco International, Ltd. and its respective companies. All rights reserved.