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The Ramco World
Wide Web site (the “Site”)
is owned and operated by Ramco (“Ramco,”
“we,” or “us”).
We grant you the right to use the
Site subject to the terms and conditions
of service and use (“Terms of
Use”) set forth below. Please
read these terms of service carefully.
By accessing this site, you agree
to be bound by these terms of service.
If you do not wish to be bound by
these terms of service, you may not
access or use this site. Areas of
the Site may have different terms
of use posted. If there is a conflict
between the Terms of Use and terms
of use posted for a specific area
of the Site, the latter shall have
precedence with respect to your use
of that area of the Site.
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| Limited
License for Use of Site Content |
The
information, pictures, graphics, and
other content on the Site (“Site
Content”) are owned by Ramco
or its suppliers and are protected
by copyright laws throughout the world.
Subject to the Terms of Use, Ramco
hereby grants you a limited, revocable,
non-exclusive license to download,
view, copy and print documents and
graphics in the Site Content subject
to the following: (a) the Site Content
may be used solely for personal, informational,
non-commercial purposes; and (b) the
Site Content may not be modified or
altered in any way. No other use of
the information is authorized. In
consideration of this authorization,
you agree that any copy of these materials
which you make shall retain all copyright
and other proprietary notices in the
same form and manner as on the original.
You may not otherwise use, download,
upload, copy, print, display, perform,
reproduce, publish, license, post,
transmit, modify, adapt, or distribute
any Site Content in whole or in part
without the express authorization
of Ramco. Except as specified above,
nothing contained herein shall be
construed as conferring by implication,
estoppel, or otherwise any license
or right under any patent, trademark
or copyright of Ramco or any third
party. Ramco and its suppliers reserve
all rights, title and interest in
and to the Site Content not granted
in these Terms of Use.
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| Additional
Restrictions on Use |
You
agree not to: (a) interfere with or
disrupt the Site or servers or networks
connected to the Site, or disobey
any requirements, procedures, policies,
or regulations of networks connected
to the Site; (b) reproduce, duplicate,
copy, sell, resell, or exploit for
any commercial purposes, any Site
Content or portion of the Site; or
(c) “hack, “crack,”
or otherwise attempt to circumvent
any copy protection, access control,
or license-enforcement mechanisms
associated with or related to the
Site or Site Content. Without our
prior written permission, you may
not: (i) allow, enable, or otherwise
support the transmission of unsolicited
commercial advertising or solicitations
via e-mail (spam); (ii) use any high
volume, automated, or electronic means
(including without limitation robots,
spiders, scripts, or other automatic
device) to access the Site or monitor
or copy our web pages or the Site
Content; (iii) deep-link to the Site
for any purpose; or (iv) frame the
Site, place pop-up windows over its
pages, or otherwise affect the display
of its pages.
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| Software |
Any
software that is made available to
download from the Site is the copyrighted
work of Ramco or other indicated third
parties (“Software”).
The Software is licensed not sold
and is subject to the Ramco Software
License Agreement which accompanies
the software. You must accept the
Software License Agreement to install
or use the Software.
Some Software on the Site may be designated
as originating from third parties,
including shareware, freeware and
other software made available to you
via FTP download (“Third Party
Software”). Ramco has no responsibility
to you for Third Party Software. Third
Party Software may be subject to license
agreements and other terms and conditions
of such third parties that accompany
the Third Party Software, which you
agree to abide by. Ramco makes Third
Party Software available to you AS
IS without warranty of any kind, and
Ramco hereby disclaims all implied
warranties, including the implied
warranties of merchantability and
fitness for a particular purpose.
Ramco will not be liable to you for
any direct, consequential, incidental,
exemplary or other damages of any
kind relating to the Third Party Software.
Ramco has no obligation to provide
support, maintenance or other services
in connection with Third Party Software.
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| Submissions;
Mailings |
By
uploading, emailing, posting, publishing
or otherwise transmitting any content
to Ramco, you automatically grant
(or warrant that the owner of such
rights has expressly granted) Ramco
a perpetual, royalty-free, irrevocable,
nonexclusive right and license to
use, reproduce, modify, adapt, publish,
transmit and distribute such content
in any form, medium, or technology
now known or later developed. In addition,
you warrant (or warrant on behalf
of the owner of such rights) that
all moral rights in the content have
been waived.
By indicating you want to be placed
on the Ramco mailing list, you are
consenting to receive emails from
us about our products, services, and
other news. These Terms of Use will
apply to all such emails, and such
emails will be considered part of
the Site Content.
You are responsible for maintaining
the confidentiality of any password
you are given to access the Site,
and are fully responsible for all
activities that occur under your password.
You agree to notify Ramco immediately
of any unauthorized use of your passwords.
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| Changes;
Third Party Web Sites, Content, Products
and Services |
Ramco
reserves the right to change or discontinue
the Site or any Site Content at any
time, with or without notice, and
you agree that we will not be liable
to you for any such modification,
suspension, or discontinuation. The
Site may include hyperlinks to web
sites not controlled by Ramco, and
access to content, products and services
from third parties. Ramco is not responsible
for the availability of, and any content
on those web sites to which it provides
links. Ramco provides these links
merely as a convenience and the inclusion
of such links does not imply an endorsement.
You agree that Ramco is not responsible
for third party content accessible
through the Site, including opinions,
advice, statements and advertisements,
and understand that you bear all risks
associated with the use of such content
and that Ramco is not responsible
for any loss or damage of any sort
you may incur from dealing with any
such third party.
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| Disclaimer
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Except
where expressly provided otherwise,
the site, and all content, materials,
information, software, products and
services provided on the site, are
provided on an "as is" and
"as available" basis. Ramco
expressly disclaims all warranties
of any kind, whether express or implied,
including, but not limited to, the
implied warranties of merchantability,
fitness for a particular purpose and
non-infringement. Ramco corporation
makes no warranty that: (a) the site
will meet your requirements; (b) the
site will be available on an uninterrupted,
timely, secure, or error-free basis;
(c) the results that may be obtained
from the use of the site or any services
offered through the site will be accurate
or reliable; or (d) the quality of
any products, services, information,
or other material purchased or obtained
by you through the site will meet
your expectations.
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| Limitation
of Liability |
In
no event shall ramco or its suppliers
be liable for any direct, indirect,
incidental, special or consequential
damages, or damages for loss of profits,
revenue, data or use, incurred by
you whether in an action in contract
or tort, arising from your access
to, or use of, the site, whether or
not ramco has been advised of the
possibility.
Some jurisdictions do not allow the
limitation or exclusion of liability.
Accordingly, some of the above limitations
may not apply to you. To the extent
such limitations do not apply, the
scope and duration of any warranty
and the extent of our liability shall
be the minimum permitted under applicable
law.
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Export Restrictions/Legal
Compliance
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You
may not access, download, use or export
the Site, or the Site Content, software,
products or services provided on the
Site in violation of U.S. export laws
or regulations, or in violation of
any other applicable laws or regulations.
You agree to comply with all export
laws and restrictions and regulations
of any United States or foreign agency
or authority, and not to directly
or indirectly provide or otherwise
make available the services and products
of Ramco in violation of any such
restrictions, laws or regulations,
or without all necessary approvals.
As applicable, you shall obtain and
bear all expenses relating to any
necessary licenses and/or exemptions
with respect to your own use of the
services of Ramco outside the U.S.
Neither the services of Ramco nor
the underlying information or technology
may be downloaded or otherwise provided
or made available, either directly
or indirectly, (i) into any country
subject to U.S. trade sanctions, to
individuals or entities controlled
by such countries, or to nationals
or residents of such countries other
than nationals who are lawfully admitted
permanent residents of countries not
subject to such sanctions; or (ii)
to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders.
By agreeing to these Terms of Use,
you agree to the foregoing and represent
and warrant that you are not located
in, under the control of, or a national
or resident of any such country or
on any such list.
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You
agree to indemnify, defend, and hold
harmless Ramco, its officers, directors,
partners, employees, consultants,
and agents, from and against any third
party claims, liabilities, damages,
losses, costs, expenses, fees (including
reasonable attorneys’ fees and
court costs) that such parties may
incur as a result of or arising from
(a) violation of these Terms of Use;
or (b) any viruses, trojan horses,
worms, time bombs, cancelbots, spyware,
or other similar harmful programming
routines input by you into the Site.
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Forward-Looking
Statements
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Some
of the information contained on the
Site may contain projections or other
forward-looking, including statements
regarding the Company’s future
financial performance. These forward-looking
statements are subject to risks and
uncertainties, and actual results
could differ materially due to several
factors, including but not limited
to the success of the Company’s
research and development efforts to
develop new products and to penetrate
new markets, the market acceptance
of the Company’s new products
and updates, technical risks related
to such products and updates, the
Company’s ability to maintain
market share for its existing products,
the availability of adequate liquidity
and other risks and uncertainties.
All forward-looking statements are
made as of the date hereof and the
Company disclaims any responsibility
to update or revise any forward-looking
statement provided in this news release.
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| Applicable
Law |
All
matters relating to your access to,
and use of, the Site and these Terms
of Use shall be governed by U.S. federal
law or the laws of the State of New
Jersey without reference to any conflicts
of laws principles that would require
application of the laws of a different
jurisdiction. Any legal action or
proceeding relating to your access
to, or use of, the Site shall be instituted
in a state court located in Mercer
County, New Jersey or federal court
located in the District of New Jersey,
and no other venue. You and Ramco
agree to submit to the jurisdiction
of, and agree that venue is proper
in, these courts in any such legal
action or proceeding.
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| General |
The
Terms of Use constitute the entire
and exclusive and final statement
of the agreement between you and Ramco
with respect to the subject matter
hereof, and govern your use of the
Site, superseding any prior agreements
or negotiations between you and Ramco
with respect to the subject matter
hereof. Our failure to exercise or
enforce any right or provision of
the Terms of Use shall not constitute
a waiver of such right or provision.
If any provision of the Terms of Use
is found by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor
to give effect to the parties' intentions
as reflected in the provision, and
that the other provisions of the Terms
of Use remain in full force and effect.
You agree that regardless of any statute
or law to the contrary, any claim
or cause of action arising out of
or related to use of the site or the
terms of use must be filed within
one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the Terms of
Service are for convenience only and
have no legal or contractual effect.
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| Copyright/Trademark
Information |
Copyright
© 2007 Ramco. All rights reserved.
The trademarks, logos and service marks
("Marks") displayed on the
Site are the property of Ramco or other
third parties. You are not permitted
to use these Marks without the prior
written consent of Ramco or such third
party which may own the Mark.
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| Contact
Information |
| If
you have any questions regarding these
Terms of Use, please contact Ramco at
webquery |
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