Terms & Conditions

Applied Rigaku Technologies, Inc. ("RIGAKU") web site
terms of use and legal restrictions

Attention: please read these terms carefully before accessing or using this web site. Using this web site indicates that you accept these terms. If you do not accept these terms ("terms"), do not use this web site.

Use of site
RIGAKU authorizes users to view and download the materials at this web site ("site") only for personal, non-commercial use, provided that users retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Users 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. For purposes of these terms, any use of these materials on any other web site 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. Users may print and download portions of material from the different areas of the site solely for non-commercial use. Users agree not to change or delete any proprietary notices from materials downloaded or printed from the site. If users breach any of these terms, authorization to use this site automatically terminates and users must immediately destroy any downloaded or printed materials.

Modification of terms
RIGAKU may modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms. Users agree to review these terms periodically to be aware of such modifications; continued access or use of the site shall be deemed conclusive acceptance of the modified terms.

Use of software
If users download software from this site ("software"), use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. Users may not download or install the software until users have read and accepted the terms of the software license agreement.

Trademarks used or displayed at this site are trademarks of RIGAKU or its affiliates or third party owners. Nothing contained on this site is to be construed as granting, by implication, any license or right of use of any such trademark without the prior written permission of RIGAKU or such third party owner.

User submissions
Other than personally identifiable information, any material, information or other communication users transmit or post to this site ("communication") is, and will be treated as, non-confidential and non-proprietary , and may be used by RIGAKU and its affiliates for any purpose without compensation to users.

Discussion forums
RIGAKU may, but is not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other, including but not limited to discussion forums, bulletin boards or other user forums, and the content of any such communications. RIGAKU, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. RIGAKU retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links to other web sites
Links to third party web sites on this site are provided solely as a convenience. If users use these links, users will leave this site. RIGAKU 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, RIGAKU 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 users decide to access any of the third party sites linked to this site, users do this entirely at their own risk.

Also understand that RIGAKU cannot and does not guarantee or warrant that files available for downloading through the site are or will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

Users assume total responsibility and risk for usersr use of the site. The materials provided at this site are provided "as is" without any representations and warranties of any kind - including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. It is solely the users responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site. RIGAKU further does not warrant the accuracy, currency, and completeness of the materials at this site. RIGAKU may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and RIGAKU makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in a particular country. Such references do not imply that RIGAKU intends to make them available in any specific country. Consult local RIGAKU business contact for information regarding the products, programs and services that may be available. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to users. All orders are subject to acceptance by RIGAKU. RIGAKU obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and licensed.

Limitation of liability
In no event will RIGAKU, its suppliers, or other third parties mentioned at this site be liable for any consequential, indirect, or incidental 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 or reliance on this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or any claim attributable to errors, omissions, or other inaccuracies at the site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, users assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to users.

Users agree to indemnify, defend and hold harmless RIGAKU, its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms.

These terms shall all be governed and construed in accordance with the laws of the State of Texas (USA) applicable to agreements made and to be performed in the State of Texas (USA). Users agree that any legal action or proceeding between RIGAKU and users for any purpose concerning these terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas (USA). Any cause of action or claim users may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RIGAKU's failure to insist upon, or enforce strict performance of, any provision of these terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms. RIGAKU may assign its rights and duties under these terms to any party at any time without notice to users.

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