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Terms and Conditions
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PLEASE READ CAREFULLY. This page sets forth the Terms and Conditions
("Terms") under which MTS System Corporation and its subsidiaries (
collectively “MTS”) provide information on this MTS Web site (“Site”) as well
as the terms and conditions governing your access to and use of this Site.
Some content accessible through this site is subject to additional terms and
conditions. To the extent that any provision of those additional terms and
conditions conflicts with these Terms, those additional terms and conditions
will prevail. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE
OF AND AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THIS SITE.
GENERAL. All information on this Site, including but not limited to graphics,
text, links to other sites, is provided “as is” and “as available” and may be
changed without notice. MTS does not warrant the contents, quality,
condition or accuracy, adequacy or completeness of the information of this
Site. Information on this Site may contain technical inaccuracies or
typographical or other types of errors. MTS may also make improvements or
changes in the products or programs described on this Site at any time
without notice. You acknowledge that your use of any information available
through this site is at your own risk.
WARRANTY DISCLAIMER. MTS expressly disclAIMS all warranties with
respect to this Site or your use thereof TO THE FULLEST EXTENT POSSIBLE
UNDER APPLICABLE LAW. MTS DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. MTS DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE
OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY
SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY. IN NO EVENT WILL MTS BE LIABLE TO ANY
PARTY, whether in contract, tort, strict lialibty or otherwise, FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HYPERTEXT LINKS TO THIRD PARTY SITES. There are links on this Site
that will permit you to travel to other, third-party sites over which MTS has
no control. These links are provided for your convenience only and your use
of them is at your own risk. MTS makes no representations whatsoever about
the content of any of these other web sites, or about any of the links
contained in the Web sites that you may access through this Site. MTS doesnot endorse or accept any responsibility for the content, or use, of any such
linked web sites.
DOWNLOADABLE SOFTWARE. There are inherent dangers in the use of
any software available for downloading on the Internet, and MTS cautions
you to make sure that you completely understand the potential risks before
downloading any of the software (including the potential infection of your
system by computer viruses). You are solely responsible for adequate
protection and backup of the data and equipment used in connection with
any of the software and assume all risks associated with any downloaded
software.
PASSWORD AND USER NAME. MTS cannot guarantee that information
transmitted through the Internet is secure for certain types of
communications through this web site. Access to some content accessible
from this Site is password controlled. By registering for an account, a
password and the right to use this site, you are certifying that you are an
authorized representative of your company with the right to bind your
company to these Terms (and any additional terms necessary for access to
password controlled content) and that all information provided in the
registration process is accurate and correct. You further certify that any
purchase orders placed by you are with the full authority to bind your
company and any information provided by you in using any of the services
accessible through this site is true and accurate. Your user name and
password are unique to you or your company. You are solely responsible for
maintaining the confidentiality of your user name, password and access to
your account. You are solely responsible for all activities that occur under
your user name and password. You agree to notify MTS immediately of any
unauthorized use of your user name, password or account or any other
breach of security. MTS will not be liable for any loss that you may incur as a
result of someone else using your user name, password or account, either
with or without your knowledge. But you may be held liable for losses
incurred by MTS as a result of the misuse of your user name, password or
account.
SUBMISSIONS. All information that you submit to MTS via this Site shall be
deemed and remain property of MTS, except for the details of your product
orders, confidential or proprietary information covered by an existing nondisclosure
agreement or as expressly indicated in the MTS Privacy Policy
contained within the Site. You agree that any information or materials that
you submit to MTS via this Site or any email links provided on this site will
not be considered confidential or proprietary, or obscene, harassing or
otherwise unlawful. By submitting information or materials to MTS via this
Site or email links provided in such information or materials, you represent
that you have the authority to grant and in fact do grant to MTS an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information and
materials world-wide, in whole or in part, and you further agree that MTS is
free to use any ideas, concepts , know-how or techniques that you submit
for any purpose.
EMAIL FROM MTS. MTS may from time to time send you email. You
acknowledge that such emails are sent with your consent and permission.
COOKIES. You may see that MTS uses “cookies” to interact with our web
browser. A “cookie” is a piece of information that a website transfers to your
computer hard drive for recordkeeping purposes. MTS uses cookies for a
number of administrative purposes such as to store a password so that you
do not have to input it every time you visit the Site. You can set up your
Web browser to inform you when cookies are set or to prevent cookies form
being set.
JURISDICTION, EXPORT AND GOVERNING LAW. This Site is maintained,
controlled and operated by MTS from within the United States of America
(U.S.). MTS makes no representation that materials at this site are
appropriate for use at locations outside of the U.S. and access to this Site
from all countries is legal. If you access this Site from a location outside of
the U.S., you are responsible for compliance with all local laws.
You may not use this Site or export information or products available on this
site in violation of U.S. export laws and regulations. MTS products are
controlled for export and end-use by the U.S. government.
The use of this site, its content and these Terms is governed by the laws of
the State of Minnesota, without regard to its conflict of laws provisions. Any
legal proceeding arising out of the use of this Site, its content or these Terms
must be brought in Minneapolis, Minnesota and must be brought within one
year after the claim or cause of action arises or it is barred. By using this site,
you irrevocably submit to the jurisdiction of the State and Federal courts
located in Minneapolis, Minnesota.
COPYRIGHT AND TRADEMARK. All of the information on this Site,
including all text, graphics, software applications, vides and audio files and
photos (collectively “Material”) and all rights in the pages and screens
displaying the pages are owned by MTS or affiliated entities or their licensors,
and is protected by copyright under United States and foreign laws. Except as
stated in this paragraph, none of the Material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted, framed or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of MTS or the copyright owner. You may create a
text line to the home page of this Site at www.mtsnano.com for legitimate
business reasons on the condition that it is clear that to the users that they
are exiting your site and entering a new site, you do not frame or in-line the
MTS Site or its Content and you do not create a false association or
endorsement or otherwise misrepresent your relationship with MTS. In so
doing, you will not modify any Site Materials and that you retain all copyright
and other proprietary notices contained in these Materials. This permitted
use may terminate automatically by MTS without notice. Upon termination,
you must immediately destroy any downloaded or printed materials. Any
unauthorized use of any material contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
CONFIDENTIAL INFORMATION. You may be given access to MTS
confidential information through this Site or links from this Site. You may not
disclose MTS confidential information to any third party without the written
consent of MTS. You must protect MTS confidential information with at least
the same degree of care that is accorded to your confidential information, but
in no event less than reasonable care. MTS confidential information includes,
but is not limited to - all non-public information regarding MTS, its intellectual
property or its products, quantity and prices of products purchased, design,
specifications, techniques and development data, engineering details, CAD
drawings, sales and marketing plans, unannounced products, any information
marked as "confidential" or "proprietary" or similarly marked, or any
information that, if disclosed, might be competitively detrimental to MTS. You
may enter into separate non-disclosure agreements with MTS governing
specific disclosures. To the extent the terms governing a specific disclosure
are more restrictive than the terms in this paragraph, the more restrictive
terms will control for the specific disclosure.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating
to the access to and use of the Site. MTS's failure to enforce any right or
provision of these Terms does not constitute a waiver of that right or
provision. If for any reason a court of competent jurisdiction finds any
provision of these Terms to be unenforceable, that provision will be enforced
to the maximum extent permissible so as to effect the intent of these Terms,
and the remainder of these Terms will continue in full force and effect. MTS
may revise these Terms at any time by updating this posting. Your continued
use of this Site after the posting of any changes to these Terms constitutes
your acceptance of those changes.
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