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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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