Terms of Use
Our lawyers live for this stuff...
but we've never figured out why...
Eclipse Technical, Inc. ("Eclipse") makes information available on this Web site
(this "Site"), subject to the following Terms of Use ("Terms"). By accessing this Site,
you agree to these Terms. If you do not agree to all of these Terms, do not use this
Site. Eclipse reserves the right to change these Terms at any time without notice.
Eclipse reserves the right to seek all remedies available by law and in equity for
any violation of these Terms. Any rights not expressly granted herein are reserved by
Eclipse. These Terms represent the entire understanding relating to the use of this
Site and supercede any prior or contemporaneous, conflicting or additional
communications.
Copyright
The materials on this Site are copyrighted and protected by worldwide copyright
laws and treaty provisions. You may download one copy of the information ("Materials")
found on this Site on a single computer for your personal, non-commercial internal
use only unless specifically licensed to do otherwise by Eclipse in writing. Except
as otherwise provided in this paragraph, no portion of this Site may be distributed
or reproduced by any means, or in any form, without Eclipse's prior written permission.
COPYRIGHT NOTICE:
Except where otherwise specified, the contents of this Site are Copyright © 2007-2020
Eclipse Technical, Inc., P.O. Box 337653, Greeley, CO 80633 USA. All rights reserved.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Eclipse designates an agent, as described below, to
receive notifications of claimed infringement. If you believe that your work has been
copied and is accessible on this Site in a way that constitutes copyright infringement,
you may contact our agent as provided below.
Legal name and address of service provider:
Eclipse Software Systems, Inc.
P. O. Box 337653
Greeley, CO 80633
Name under which service provider does business:
Eclipse Technical, Inc.
Use of Software
The software and accompanying documentation available for download from this
Site are the copyrighted work of Eclipse and or third parties. Use of the software
is governed by the terms of the end-user license agreement which accompanies such
software. If no license agreement accompanies the download, the terms of the
license agreement which accompanied the original product being updated will
govern. Such software is made available for download solely for use by end-users
according to such end-user license agreement. You will not be able or permitted
to use, download or install any software unless you agree to the terms of such
end-user license agreement.
Use of Site Materials and Information
Except as otherwise indicated on this Site, you may view, print, copy, and
distribute documents (but not software) on this Site subject to the following
terms and conditions:
(a) The documents may be used solely for informational, personal, non-commercial
purposes; (b) any copy of the documents or portion thereof must include all
copyright and proprietary notices in the same form and manner as on the original;
(c) the documents may not be modified in any way; and (d) Eclipse reserves the
right to revoke such authorization at any time, and any such use shall be
discontinued immediately upon notice from Eclipse.
Documents specified above do not include the layout or design of this Site.
Elements of this Site are protected by trade dress or other laws and may not
be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or images on
this Site, which may be reproduced or distributed only when expressly permitted
by Eclipse.
Member Account
If any Eclipse Services require you to open an account, you agree to provide
accurate, current and complete information in the Registration form. You will
also choose a password and user name. If you provide any information in the
Registration form that is false, inaccurate, out of date or incomplete, or a
password or user name that contains any inappropriate, profane, defamatory,
obscene, or indecent terms, Eclipse may suspend your account and refuse to
provide you with any Eclipse Services. You are entirely responsible for any and
all activities that occur under your account.
Message Boards, Newsgroups, Blogs, Chat Rooms or Similar Areas
You Are Responsible For Your Use
As a user ("User") of these areas, you are
responsible for your own communications and for the consequences of posting
those communications. We do not represent or guarantee the truthfulness, accuracy
or reliability of any material posted by Users or endorse any opinions expressed
by Users. You acknowledge and understand that any reliance on materials posted by
other Users will be at your own risk.
Content Policy
We do not screen communications in advance and are not
responsible for screening or monitoring material posted by Users. If notified by
a User of communications that allegedly do not conform to these terms of use, we
may investigate the allegation and determine in our sole discretion whether to
remove, block or disable access to the communication. We also reserve the right,
but do not undertake the affirmative obligation, to do so on our own initiative
if we discover any such communications. We have no liability or responsibility
to Users for performance or nonperformance of such activities. Furthermore, we
reserve the right to terminate the access rights of Users and prevent their further
access to the message boards, newsgroups, blogs, chat rooms or similar areas
for violating our terms of use or
any applicable law, and reserve the right to remove communications that, in our
sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd,
lascivious, excessively violent, illegal or otherwise objectionable.
In consideration of being allowed to use the
message boards, newsgroups, blogs, chat rooms or similar areas
provided by us on this Site, you agree, represent and warrant that you will not:
(a) use the services for any purpose in violation of local, state or national laws
of any country; (b) post, store or transmit material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright owner; (c) post,
store or transmit material that reveals trade secrets, unless you own them or have
the permission of the trade secret owner; (d) post, store or transmit material that
infringes on any other intellectual property rights of others or on the privacy or
publicity rights of others; (e) post, store or transmit material that is obscene,
lewd, lascivious, excessively violent, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another User or any other person or entity; (f) post,
store or transmit sexually-explicit images; (g) post, store or transmit child
pornography; (h) post, store or transmit advertisements or solicitations of business;
(i) post, store or transmit chain letters or information relating to pyramid schemes;
or (j) impersonate another person or User.
Please remember that any information that is disclosed in the
message boards, newsgroups, blogs, chat rooms or similar areas
becomes public information. By posting communications, you grant: (a)
to us: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce,
modify, publish, translate, distribute, perform and display those communications
alone or as part of other works in any form, media, or technology, whether now known
or hereafter developed; and (b) to other Users: the right to access, view, store and
reproduce the communications for personal use.
Submissions, Comments and Feedback
Any questions, comments, suggestions, ideas, concepts, techniques, data, materials
or information ("Feedback") that you provide to us shall not be regarded as
confidential. We have no obligation of any kind with respect to any Feedback. We
shall be free to reproduce, perform, use, disclose, exhibit, display, transform,
create derivative works from, and/or distribute any Feedback without limitation.
Further, we shall be free to use any ideas, concepts, know-how, data or techniques
contained in any Feedback for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products that incorporate such ideas,
concepts, know-how, data or techniques.
Linking to Site
Eclipse permits anyone to link to this Site subject to the linker's compliance
with the terms and conditions set forth below. A site that links to this Site:
- May link to, but not replicate, content contained in this Site;
- Must not create a frames or border environment or browser around content contained
in this Site;
- Must not present misleading or false information about Eclipse's services or
products;
- Must not misrepresent Eclipse's relationship with the linker;
- Must not imply that Eclipse is endorsing or sponsoring the linker or the linker's
services or products;
- Must not use Eclipse's logos or trade dress without prior written permission from
Eclipse;
- Must not contain content that could be construed as obscene, libelous, defamatory,
pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws;
- Must not link directly to Forums areas without acquiring permission in advance;
- Must agree that the link may be removed at any time upon Eclipse's request pursuant
to Eclipse's reserved rights to rescind its consent to allow the link.
Links to Other Sites
This Site provides links to third-party Web sites, which are not under the control
of Eclipse. We make no representations about any other Web site, that you may access
through this one. When you access a non-Eclipse Web site please understand that it is
independent from us, and that we have no control over the content on that Web site.
In addition, a link to a non-Eclipse Web site does not mean that we endorse or accept
any responsibility for the content, or the use, of such Web site.
Viruses and Destructive Code
It is up to you to take precautions to ensure that whatever you select for your
use is free of such items as viruses, worms, trojan horses and other items of a
destructive nature.
Third-party Products and Services
This Site mentions third-party products and services for informational
purposes. Eclipse makes no recommendations or endorsements about any third-party
products and services. References to third-party services and products are provided
by Eclipse "as is", without warranty of any kind, either express or implied.
Data Storage
You may use features of our Software that require storage or transfer of
personal data such a backups of data files, digital signatures, company and
address information, etc.
Furthermore, if you share a computer with other users the data from the Eclipse
Logbook software is stored in a combined data file. Do not share a computer with
user whom you do not trust to keep such information confidential.
Disclaimer, Limitation of Liability and Indemnification
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ECLIPSE,
THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED
"AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.
ECLIPSE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON
THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS
OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE.
IN NO EVENT WILL ECLIPSE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER
LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS
PREESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS,
LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE,
EVEN IF ECLIPSE EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD ECLIPSE HARMLESS FROM, AND YOU COVENANT NOT TO SUE
ECLIPSE FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON
USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION HEREIN. HOWEVER, ECLIPSE MAKES NO COMMITMENT TO UPDATE
MATERIALS ON THIS SITE.
General
Products and Services Availability
This Site can be accessed from countries around the world and may contain references
to Eclipse services, programs, and products that have not been announced in such country.
These references do not imply that Eclipse intends to announce such services, programs,
or products in such country.
Governing Law and Forum
The terms of use set forth in these Legal Notices and any claims relating thereto
shall be governed and construed in accordance with the laws of the State of Colorado,
without giving effect to the conflict of laws provisions thereof or of any other
jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and
venue in Weld County in the State of Colorado, with respect
to any claims arising out of or relating to the terms of use set forth in these Legal
Notices or your use of this Site.
International Use
Eclipse controls and operates this Site in the United States. We make no
representation that this Site or its
contents are appropriate and available for use in other locations and accessing them
from territories where their content is illegal is prohibited. You may not use or
export the contents of this Site in violation of United States export laws and
regulations. If you use this Site from other countries, you are responsible for
compliance with applicable local laws including, but not limited to, the export and
import regulations of such countries.
Export Control Laws
Software available on this Site is subject to United States export controls. No
software from this Site may be downloaded or otherwise exported or re-exported: (1)
into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran
or any other country to which the United States has embargoed goods; or (2) to anyone
on the United States Treasury Department's list of Specially Designated Nationals or
the United States Commerce Department's Table of Denial and Prohibition Orders.
By downloading or using software from this Site, you are agreeing to the foregoing
and all applicable export control laws. You are also warranting that you are not
under the control of, located in, or a resident or national of any such country or on
any such list. You agree to comply strictly with all United States. export control
laws and assume sole responsibility for obtaining licenses to export or re-export
as may be required.
The information on export control laws provided herein is not necessarily complete.
For more information on export control laws, please refer to 15 C.F.R. §§736, 738,
744, 746, or telephone the United States Commerce Department, Bureau of Export
Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.
U.S. Government Restricted Rights
Any software which is downloaded from this Site for or on behalf of the United
States of America, its agencies and/or instrumentalities, 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 Eclipse Technical, Inc., P.O. Box 337653, Greeley,
CO 80633 USA.
Registrant Removal
In the event that we determine, in our sole discretion, that you have breached
any of our terms of use, or have otherwise demonstrated conduct inappropriate for
our community, we reserve the right to, with or without notice, (a) delete any or
all content provided by you or your agent(s) to this Site; (b) terminate your access
to this Site; (c) notify and/or send content to and/or fully cooperate with the
proper law enforcement authorities for further action; and/or (d) take any other
action which we, in our sole discretion, deem to be appropriate.