TERMS & CONDITIONS

The following Terms and Conditions govern your use of the HRO Group Web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the HRO Group Web site.

Confidentiality. Those areas of the HRO Group Web site which you access by using a password or other security device contain proprietary and confidential information of HRO Group and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information (« HRO Group Confidential Information »). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by HRO Group. You also agree to be careful with this HRO Group Confidential Information and to only disclose it to your employees with a « need to know » who agree not to disclose the information or use the information for any unauthorized purpose.

Transmissions to HRO Group and Links to Other Web sites. You agree not to send to HRO Group any information that you consider confidential or proprietary. Any material (including information and ideas) you transmit to or post on the HRO Group Web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by HRO Group for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to HRO Group will be handled in accordance with HRO Group’s Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

HRO Group may, but is not obligated to, monitor or review materials provided by third parties on HRO Group’s Web site. HRO Group makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. HRO Group expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to Web sites maintained by third parties which are provided as a convenience to HRO Group users. These linked sites are not under the control of HRO Group and HRO Group is not responsible for any material on such sites. HRO Group does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.

Documents. Any Documents on the HRO Group Web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of HRO Group and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. HRO Group grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of HRO Group products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. However, this permission does not extend to (a) the design or layout of this web site, or (b) any materials (e.g., software or the HRO Group Development Kit) which are governed by license terms separate from these Terms and Conditions.

Licensed Materials. Any licensed materials (e.g., software) which can be downloaded from the HRO Group Web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.

Trademarks. HRO Group’s trademarks, brands, and names may be used only with written permission from HRO Group and proper acknowledgement. Use of trademarks, brands, and names are the property owned by third parties require the permission of their respective owners.

All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), HRO Group and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS Web site ARE PROVIDED « AS IS, » AND HRO GROUP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.

Although HRO Group has attempted to provide accurate information on this Web site as a service to its users, HRO Group assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. HRO Group may change the programs or products mentioned at any time without notice. Mention of non-HRO Group products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, HRO GROUP EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF HRO GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

Applicable Laws. Export or download of any material from the HRO Group Web site (including any HRO Group Confidential Information) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this Web site are provided with « RESTRICTED RIGHTS. » Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of HRO Group’s proprietary rights in such materials. Any claims relating to the materials or the Web site will be governed by California law.

Revisions to Terms and Conditions. HRO Group may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If HRO Group makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this Web site, you will comply immediately with this request and will confirm in writing to HRO Group within ten (10) days that you have done so.