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Each user of this Website agrees as follows:
1. Copyrights, Confidentiality and Other Intellectual Property
Except as otherwise provided on this website, all trademarks, copyrights,
content, information, business methods, graphic representations, designs and
documentation posted on this website as well as the "look and feel" of
this website (collectively, "the intellectual property") is the
property of Dow Corning Corporation and its licensors. The posting of
intellectual property does not constitute a waiver, transfer or license of the
proprietary rights to you or to any third party.
The contents of the Dow Corning website, including but not limited to
text, graphics, and icons, are copyrighted materials owned and controlled by
Dow Corning Corporation and its licensors. You may download one copy of the
copyrighted materials on any single computer and print a copy of the
copyrighted materials solely for your use in learning about, evaluating, or
acquiring Dow Corning Corporation's services or products. No other
permission is granted to you to print, copy, reproduce, distribute, transmit,
upload, download, store, display in public, alter, or modify the copyrighted
materials.
You agree to hold any Confidential Information (as defined below) you obtain
as a result of using this site in confidence and, unless required by law, not
to make the Confidential Information available to any third party or to use the
Confidential Information for any purpose other than the business activities for
which you were given access to the Confidential Information. You agree to take
all reasonable steps to ensure that Confidential Information is not disclosed
or distributed by your employees or agents in violation of the terms of this
Agreement. For purposes of this Agreement, "Confidential
Information" means any and all proprietary information labeled as
"confidential" or which a reasonable person would know constitutes
proprietary information, including but not limited to, business plans,
financial reports, customer lists and other customer information, descriptions
of manufacturing processes, and product development and marketing plans. You
agree that aspects of this site, including the specific design and structure of
individual programs, constitute trade secrets and/or copyrighted material of
Dow Corning and its licensors. You shall not disclose, provide, or
otherwise make available such trade secrets or copyrighted material in any form
to any third party without the prior written consent of Dow Corning and
its licensors. You shall implement reasonable security measures to protect such
trade secrets and copyrighted material. Title to this site and all its content
shall remain solely with Dow Corning and its licensors.
2. Disclaimer
This website includes information related to or referenced in the offering
documentation for certain Dow Corning Corporation products. This
information is provided for your general information only and does not
constitute an offer to sell or a solicitation of an offer to buy products. The
information does not constitute a sufficient basis for making a decision with
respect to the purchase of any products. Before purchasing any products, please
consult your products advisor for information about and analysis of the
products, its risks and its suitability in your particular circumstances.
Although Dow Corning Corporation attempts to provide useful
information, Dow Corning Corporation does not guarantee that the information is
accurate, current or suitable for any particular purpose. Dow Corning
Corporation assumes no obligation to update or continue to post the
information. Dow Corning Corporation does not guarantee that access to
this website will be uninterrupted, that this website will be free of viruses
or that this website cannot be tampered with by third parties.
THIS WEBSITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS,
WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE
OF THIS WEBSITE AND THE INFORMATION IS AT THE USER'S SOLE RISK. IN NO EVENT
WILL DOW CORNING CORPORATION OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE
OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY
OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITATION LOST
DATA, LOST REVENUE, OR LOST PROFITS, UNDER ANY THEORY, WHETHER UNDER A
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF
DOW CORNING CORPORATION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOW CORNING OR ITS
LICENSORS OR ANY OF ITS EMPLOYEES, REPRESENTATIVES, OR RESELLERS SHALL CREATE
ANY WARRANTY IN ADDITION TO THOSE GIVEN HEREIN. TO THE EXTENT AN IMPLIED
WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY
(90) DAYS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS PARTICULAR TO YOUR JURISDICTION. THE FOREGOING LIMITATIONS
SHALL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
ALTHOUGH DOW CORNING HAS TRIED TO BE AS ACCURATE, COMPLETE AND CURRENT
AS POSSIBLE, DOW CORNING DOES NOT WARRANT THAT THE CONTENT HEREIN IS
ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY
INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME CHANGES ARE
MADE TO THE CONTENT HEREIN. DOW CORNING MAY MAKE CHANGES IN THE PRODUCTS
AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME. WE RESERVE THE RIGHT TO MAKE
CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
3. Links To and Use of This Website
This site is the property of Dow Corning Corporation and its licensors.
Other sites may link to this site providing they follow the guidelines outlined
in our linking
policy.
4. Links To Other Websites
Periodically, links may be established between this website and one or more
websites operated or content provided by third parties. Dow Corning
Corporation has no control over any such other websites or the contents therein
and neither Dow Corning nor its licensors will have any liability arising
out of or related to such websites or their content. The existence of any such
links does not constitute an endorsement by Dow Corning Corporation or its
licensors of such websites, the contents of the websites or the operators of
the websites.
5. Appropriate Use
You agree to abide by the laws of your jurisdiction and any jurisdiction
with which you communicate. All users will not post content which is unsuitable
or of a non-business nature including, but not limited to, profane, obscene,
threatening, defamatory or demeaning statements. You are solely responsible for
backing-up all data that you input onto the site.
6. Security of Communications
Dow Corning has taken steps to ensure the authenticity and security of
communications sent to or from this site. Information regarding the
"trust" aspect of the digital certificated used with Secure Sockets
Layer (SSL) capability can be obtained by accessing our Digital Certificate Practice Statement (DCPS) (PDF size =
17kB).
7. Registered User Responsibility
If you are a registered user, it is your responsibility to maintain the
confidentiality of any passwords given to you and to report to Dow Corning
immediately if the password is lost or stolen; there is any change in
authorization or access for use of the password; or if your registered
authorizations are revoked. User IDs and passwords are provided to you
personally, and you agree that you will not give your password to any other
party. Except as otherwise expressly provided under these terms and conditions,
you shall have no right to, and you specifically agree not to (a) attempt to
transfer, assign or sublicense any license rights you receive under these terms
and conditions to any other person; (b) make error corrections to or otherwise
modify or adapt the site or create derivative works based upon site, or to
permit third parties to do the same; or (c) decompile, decrypt, reverse
engineer, disassemble or otherwise reduce any portion of the site to
human-readable form to gain access to trade secrets or confidential information
in the site. Any purported transfer, assignment or sublicense by you of the
limited and revocable rights granted to you under these terms and conditions
shall be void.
8. Use and Confidentiality of Communications
If you send a message to this website, such as (but not limited to) an
e-mail to the Webmaster, you hereby grant to Dow Corning Corporation the
right to read and use the communications as Dow Corning Corporation deems
appropriate in its sole judgment. You are hereby advised that no facilities are
provided by this website for sending or receiving confidential
communications.
By using this site, you acknowledge that Dow Corning will reserve the
right to monitor all activity and take reasonable action to protect this
website from unauthorized use.
Please read the Website Privacy
Statement for additional information about the use of your information.
9. Submissions
By using the Dow Corning website, you agree that Dow Corning will
have right to use and disclose any information that you submit to us across
Dow Corning-owned business entities, as appropriate, without compensation
or acknowledgment of its source. Dow Corning Corporation shall be free to
use any ideas, concepts, know-how or techniques, directly or indirectly or
otherwise based on information that you provide to Dow Corning Corporation
through our website, including, but not limited to developing, manufacturing,
and marketing products or services. Dow Corning may acquire businesses or
assets in the future to which customer's personal information may be
transferred in the course of such transactions. Dow Corning may transmit
the information to another country for purposes such as for storage, or
because of where our servers are located. Dow Corning will release
customer's Personal Information if required to do so by law or by search
warrant, subpoena or court order.
10. U.S. Government
This site (including software and documentation) is a "commercial
item" as that term is defined at 48 C.F.R. 2.101, consisting of
"commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S.
Government end users acquire or use this site with only those rights set forth
therein.
11. Use of Chat Rooms, Bulletin Boards and Other User Forums
Dow Corning may monitor or review any areas on the web site where users
transmit or post communications or communicate solely with each other for the
purpose of promoting its efficiency, usefulness and appropriateness of use.
However, Dow Corning does not undertake to monitor or review every posting
or communication, and Dow Corning disclaims any liability related to the
content of any such postings and communications, whether or not arising under
the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While Dow Corning may monitor the content of the communications from
time to time, Dow Corning does not endorse, support, sanction, encourage,
verify, or necessarily agree with the comments, opinions, or statements posted
on bulletin boards. Any information or material placed online, including advice
and opinions, are solely the views and responsibility of those posting such
statements, and do not necessarily represent the views of Dow Corning. Dow
Corning, in its sole discretion, reserves all rights to discontinue this
service generally or to any user at any time.
Content on the bulletin board is not pre-screened. Accordingly, users who
access the bulletin board do so at their own risk, especially with respect to
offensive, incorrect, and otherwise unacceptable material. Dow Corning,
reserves the right, in its sole discretion, to reproduce (in any form or
medium), delete, edit, comment on, or otherwise modify any submissions or
postings.
The following are prohibited on the Dow Corning Online Bulletin Board:
obscene or offensive language, defamatory comments about any person or company,
personal information about an individual, price collusion, boycotting,
bid-rigging, market/territory/customer allocation and any other unlawful
practice or conduct. If you are offended by a posting, please contact the Webmaster.
If you submit any material to the bulletin board you hereby agree and
warrant that the submitted material: (i) is not offensive, obscene, or
otherwise contrary to the laws of any place where this bulletin board may be
accessed; (ii) is the original work of your authorship or that you have the
right to make the submission without violating the copyright, trademark, patent
or other intellectual property rights of any person or entity in any place
where the bulletin board may be accessed; and, (iii) is true and accurate and
does not constitute libel, slander, invasion of privacy, defamation, or any
violation of law.
12. License
Dow Corning has granted to you a limited license to use and access this
website solely in accordance with these terms and conditions. Dow Corning,
may revoke such license at any time, in Dow Corning's sole judgment.
Nothing contained herein shall be construed as conferring by implication,
estoppel, or otherwise any license or right under any patent, trademark, or
proprietary rights of Dow Corning or any other third party. Except as
expressly provided above, nothing contained herein shall be construed as
conferring any license or right under any Dow Corning copyright.
This site and all software and documents contained herein is protected by
United States copyright law and international treaty. Unauthorized reproduction
or distribution is subject to civil and criminal penalties.
13. General
These Terms and Conditions will be construed in accordance with the laws of
Michigan, without regard to its conflict of law provisions. The provisions of
these Terms and Conditions are severable. If any such provision is determined
to be unenforceable, such unenforceability will not affect any other provision
of these Terms and Conditions, and the Terms and Conditions will be construed
as if such unenforceable provision had not been contained therein. No wavier by
Dow Corning Corporation of any right under of provision of these Terms and
Conditions will be deemed to be either a waiver of any other such right or
provision of a waiver of that same right or provision at any other time. |
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