Online Access of Hohmann & Barnard Information
(Effective January 1, 2008)
- Scope of License. You acknowledge that all information (including, without limitation, technical information, specifications, designs, drawings, processes, engineering and manufacturing information and related part selections and descriptions and characterizations of parts) published on this Site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. The Information is provided by Hohmann & Barnard as an accommodation to its customers, and may be used by you only to promote your purchase of Hohmann & Barnard's parts (the "Purpose"). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that Hohmann & Barnard will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only.
- Confidentiality. You acknowledge that the Information is confidential and proprietary to Hohmann & Barnard and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Information to any third party, without Hohmann & Barnard's prior written consent, or permit any third party to examine and/or make copies of any of the Information; (ii) not to use or copy the Information: (x) for any purpose except the Purpose, (y) for your own use or benefit or the benefit of others; or (z) to compete with Hohmann & Barnard or otherwise use the Information in any way directly or indirectly detrimental to Hohmann & Barnard; (iii) to hold the Information in strict confidence and to take all reasonable precautions to protect the Information.
You acknowledge and agree that the Information is proprietary to and is the sole and exclusive property of Hohmann & Barnard and that you have no right, title or interest therein. You acknowledge and agree that the Information is a trade secret and is not readily accessible to competitors of Hohmann & Barnard and that such Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Information: (i) provides Hohmann & Barnard with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Hohmann & Barnard has taken and is taking all reasonable precautions to protect the secrecy of the Information and Hohmann & Barnard's legitimate interest in the Information; (iii) would be difficult for competitors of Hohmann & Barnard or others to duplicate; and (iv) may be used by Hohmann & Barnard in any manner it determines in order to aid in the marketing, sales and distribution of its parts.
All Information relating to descriptions and characterizations of parts and all specifications, designs and related technical documents contained on this Site (collectively, "Technical Data") are provided solely for purposes of identifying the parts in question and for illustrative purposesand do not constitute a warranty that our parts will conform to such Technical Data nor that our parts will perform in accordance with such Technical Data in your products or systems, and Hohmann & Barnard hereby waives any and all liability in connection therewith. Accordingly, incorporation of our parts in your design is at your company's own risk and pursuant to your own qualification tests and analysis. For up-to-date information, please contact an authorized Hohmann & Barnard representative for our current part specification sheets.
The website may contain performance parameters for our parts that are outside of the performance parameters stated in Hohmann & Barnard applicable specifications for the parts in question. Parts used outside of Hohmann & Barnard applicable specifications will not be covered by Hohmann & Barnard standard limited warranty even though parts may be capable of operating outside of such performance parameters. Accordingly, you should verify that the parts selected by you based on your performance criteria are within the performance parameters stated in Hohmann & Barnard applicable specifications. It is your responsibility to consult with your own engineers or other appropriate professionals who are familiar with your requirements in order to select appropriate parts. Accordingly, you are barred from any recovery against Hohmann & Barnard by reason of the improper selection or use of parts based on your use of the Website or otherwise, and any liability of Hohmann & Barnard on account thereof is hereby waived.
- Trademarks. Any trademarks, logos, slogans, product designations and service marks (collectively "Marks") displayed on this Site are the property of Hohmann & Barnard or other third parties. You are not permitted to use these Marks without the prior written consent of Hohmann & Barnard or such third party which may own the Mark. This Site may contain information and disclosures of parts, methods or other technology which may be the subject of intellectual property protection owned by Hohmann & Barnard. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any intellectual property. Any unauthorized access or attempted access to any password protected information on this Site or any attempt to circumvent access restrictions or any other security measures is expressly prohibited.
- Links to Third Party Sites. This Site may contain links to other third party websites ("Third Party Sites"). Hohmann & Barnard makes no representations about any Third Party Sites or the content thereof which you may access through this Site. You acknowledge that Hohmann & Barnard has not reviewed all of these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and Hohmann & Barnard shall have no liability therefor. Hohmann & Barnard is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. Hohmann & Barnard shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site or your use thereof, and same are hereby waived. Hohmann & Barnard provides these links merely as a convenience and the inclusion of such links does not imply an endorsement, sponsorship or recommendation by Hohmann & Barnard of anything contained on Third Party Sites, or its products or services. Hohmann & Barnard reserves the right to terminate any link at any time.
Moreover, a Third Party Site may provide a link to this Site ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Hohmann & Barnard. In most cases, Hohmann & Barnard is not aware that a third party has linked to this Site. You acknowledge and agree that Hohmann & Barnard shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
Hohmann & Barnard cannot guarantee that any of the Third Party Sites or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Hohmann & Barnard does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites and the Links and same are hereby waived. Accordingly, Hohmann & Barnard hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
- Downloading. To access certain information on this Site, you may need to download such information onto your own computer. You acknowledge and agree that your right to download information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in paragraph 5, Hohmann & Barnard is not responsible for the completeness, accuracy and reliability of Technical Data downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such information.
- Prohibited Postings. You shall not post on or otherwise transmit via the Site any item, link, description or information that: (i) is or may be false, inaccurate or misleading with regard to Hohmann & Barnard, this Site or the Information contained herein; (ii) is or may be disparaging, defamatory, libelous or slanderous to Hohmann & Barnard or its business or any and all of its past or present officers, directors, shareholders or other members; (iii) tortiously interferes with the contracts or relationships of Hohmann & Barnard; (iv) is or may be fraudulent or involve the sale of counterfeit or stolen items; (v) links to or provides other listings (other than the links specifically approved in writing by Hohmann & Barnard in advance); (vi) misappropriates or infringes upon the rights of any third party, including without limitation, any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vii) violates any applicable laws, including without limitation, those governing export control, consumer protection, unfair competition, antitrust, anti-discrimination or false advertising; (viii) is or may be obscene, pornographic, indecent or unlawful, in any form or substance whatsoever; or (ix) contains any viruses, time bombs, trojan horses, worms, or other computer programming routines or harmful components that may damage or interfere with the operations of the Site or any user (collectively, "Prohibited Postings"). Hohmann & Barnard expressly disclaims any and all liability based upon your acts or omissions with respect to the Site, including Prohibited Postings. Moreover, Hohmann & Barnard expressly reserves the right, but does not undertake the responsibility, to monitor this Site for the contents of postings. You acknowledge and agree that Hohmann & Barnard shall not be liable for any damages or injury resulting from such monitoring or election not to do so. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Hohmann & Barnard, its shareholders, directors, officers and affiliates from and against any and all liabilities, damages, losses, obligations, penalties, claims, actions, litigation, proceedings, demands, defenses, judgments, suits, costs, disbursements and expenses, including but not limited to reasonable attorney's fees and expenses of whatsoever kind and nature, directly or indirectly arising out of, relating to, or resulting from Prohibited Postings or similar acts or omissions by you or any of your employees, consultants, agents, representatives or affiliates.
- Intellectual Property Infringement. Hohmann & Barnard makes no representations or warranties as to whether Hohmann & Barnard's parts are free from claims of third parties regarding infringement or the like.
- This Site is administered by Hohmann & Barnard from its offices in Hauppauge, New York. Hohmann & Barnard makes no representation that Information in this Site is appropriate or available for use outside the United States. Access to this Site is prohibited in any territories where the content of this Site is illegal.
- By use of this Site, you agree to be bound by all applicable laws and regulations that may pertain to the Site, and you agree that any Information will not be used, removed or exported from the United States or re-exported or released (i) to any of the following countries or a national thereof: Cuba, Iran, North Korea, Sudan, Syria or any country specified in Country Group E (as specified in the then current Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations) or (ii) to any Entity as specified in Entity List Supplement No. 4 to Part 744 of the U.S. Export Administration Regulations or other country except in compliance with, and with all licenses, license exceptions and approvals required under, the U.S. Export Administration Regulations and all other applicable United States and foreign export laws, rules, restrictions and regulations, including those of the U.S. Department of Commerce and other applicable United States agencies and authorities, as amended from time to time. Diversion therefrom contrary to U.S. law is prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
- Hohmann & Barnard's obligations with respect to its parts are governed solely by the agreements it enters into with its customers and vendors. Instead, the rights and obligations concerning the sale of parts to you by Hohmann & Barnard are governed by Hohmann & Barnard's standard terms and conditions, which are applicable and available upon request. Notwithstanding any information or confirmation provided by Hohmann & Barnard, Hohmann & Barnard makes no guarantees or representations with respect to its inventory or the availability of any of Hohmann & Barnard parts.