ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OR ANY SUBSEQUENT MODIFICATIONS ("TERMS"), DO NOT ACCESS, BROWSE or USE THIS WEBSITE.
Use of Site
Daylight Chemical Information Systems, Inc. ("DAYLIGHT") authorizes you to view and access the materials at this website ("Site") only for your personal, non-commercial use, provided that you respect all copyright and other proprietary notices contained in the original materials on any copies of the materials. This authorization does not alter in any way the terms or conditions of any other agreement you may have with DAYLIGHT for other products or services. DAYLIGHT reserves the right, in its sole discretion to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time. Any changes or modification will be effective upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described below and all policies and guidelines incorporated by reference. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Proprietary Rights; Limited License
Unless otherwise indicated, all Site materials, including, without limitation, DAYLIGHT's logos, and all text, designs, graphics and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of DAYLIGHT or its contributors or licensors. Subject to these Terms, DAYLIGHT grants you a limited license to make personal, informational, non-commercial use of this Site. You may view and electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for personal, informational, non-commercial use only. Any copy of these materials must contain the "Copyright © DAYLIGHT CIS., Inc." statement. Any other use of this Site or the materials contained herein without the prior written permission of DAYLIGHT is strictly prohibited, including, without limitation: (a) any resale or commercial use of this Site or its content or Services; (b) the retransmission, rebroadcasting or other distribution, display or publication of any information contained in this Site or the Services; (c) making derivative uses of this Site and its contents, including the Services; (d) use of any data mining, robots or similar data-gathering or data-extraction methods; (e) downloading (other than the page caching) of any portion of this Site or any information contained on this Site, except as expressly permitted on this Site; (f) use the SOFTWARE or any parts of it or any ideas or concepts of the SOFTWARE for generating similar, derivative or competitive product or (g) any use of this Site or Services other than for their intended purpose.
Products, processes or technology described in this Site may also be subject to other intellectual property protection as well, and all rights therein are reserved by DAYLIGHT. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark or other proprietary right of DAYLIGHT or any third party. All information provided by DAYLIGHT on this Site is the sole and exclusive property of DAYLIGHT or its contributors or licensors.
All copyrighted and copyrightable materials on this Site, including, without limitation, the DAYLIGHT logo, design, text, manuals, graphics, pictures, calculated or retrieved values and other files (the "Materials") and the selection and arrangement thereof are Copyright © 2007 DAYLIGHT CIS. Inc. and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, used for patent filing or other, downloaded, displayed, posted 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 DAYLIGHT or the respective copyright owner. Permission is granted to display, copy, download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not without the permission of DAYLIGHT or the respective copyright owner, alter the Materials nor display the Materials without the copyright notice and this Notice to so display the material.
Notice for Copyright Infringement Claims
Pursuant to Title 17 of the United States Code, Section 512(c)(2) notifications of claimed copyright infringement should be sent to:
120 Vantis, Suite 550
Aliso Viejo, CA 92656
Attn: Legal Department
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DAYLIGHT'S obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. DAYLIGHT further does not warrant the accuracy and completeness of the materials, software or services at this Site. DAYLIGHT may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and DAYLIGHT makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your DAYLIGHT business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL DAYLIGHT, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAYLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Use of Software
Any software that is made available as a demo or to download from this Site is the copyrighted work of DAYLIGHT and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
Account, Password and Security
For certain of the Services, you will apply and receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify DAYLIGHT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DAYLIGHT cannot and will not be liable for any loss or damage arising from your failure to comply with this section or relating to passwords or account designations generally.
User Content Submissions
DAYLIGHT does not want to receive confidential or proprietary information from you through this Site. This Site contains certain interactive areas, such as software DEMOs, discussion forums or other areas accessible to Site users that submit the required registration information requested by DAYLIGHT ("Registered Users"). Any material, information, queries or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. DAYLIGHT will have no obligations with respect to the Communications and this Communication shall become the sole property of DAYLIGHT. DAYLIGHT shall own exclusive rights, including all intellectual property rights. DAYLIGHT and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other items embodied therein for any and all commercial or non-commercial purposes without acknowledgment or compensation to you. The submission of any materials to DAYLIGHT including the posting of materials to any forum, DEMO application or other interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Personally identifiable information that you submit to DAYLIGHT ("Registration") for the purpose of receiving access to DEMOs, receiving products or services will be handled in accordance with DAYLIGHT'S privacy policies and will be kept by Daylight in its internal files and will not be disclosed. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links to Third-party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. DAYLIGHT has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, DAYLIGHT does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
U.S. Government Restricted Rights
This Site contains confidential computer software and technical data. A valid License from DAYLIGHT is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under DAYLIGHT'S standard commercial license terms. As further set forth herein: (a) the United States export control laws prohibit the export of certain technical data and software to certain countries and territories. No Software from this Site may be downloaded or otherwise exported in violation of United States law; and (b) any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: DAYLIGHT CIS., Inc., 120 Vantis, suite 550 Aliso Viejo CA, 92656 USA.
DAYLIGHT administers this Site from its offices in Santa Fe, NM and Aliso Viejo, California. DAYLIGHT makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
DAYLIGHT may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised: Wednesday, September 5, 2007