Terms of Use

The following Terms and Conditions govern your use of the IDAK Group, Inc. ("IDAK") web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the IDAK web site.

Confidentiality. Those areas of the IDAK web site which you access by using a password or other security device contain proprietary and confidential information of IDAK and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("IDAK Confidential Information"). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by IDAK. You also agree to be careful with this IDAK Confidential Information and to only disclose it to your employees with a "need to know" who agree not to disclose the information or use the information for any unauthorized purpose.

Transmissions to IDAK and Links to Other Web Sites. You agree not to send to IDAK any information that you consider confidential or proprietary. Any material (including information, ideas, and feedback) you transmit to or post on the IDAK web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by IDAK for any purpose whatsoever without compensation to you and without obtaining your prior permission. Notwithstanding the foregoing, all personal data provided to IDAK will be handled in accordance with IDAK's Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

IDAK may, but is not obligated to, monitor or review materials provided by third parties on IDAK's web site. IDAK makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. IDAK expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by third parties which are provided as a convenience to IDAK users. These linked sites are not under the control of IDAK and IDAK is not responsible for any material on such sites. IDAK does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.

Documents. Any Documents on the IDAK web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of IDAK and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. IDAK grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of IDAK products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. Documents do not include (a) the design or layout of this web site, or (b) any materials (e.g., software or the IDAK Development Kit) which are governed by license terms separate from these Terms and Conditions.

Licensed Materials. Any licensed materials (e.g., software or the IDAK Development Kit) which can be downloaded from the IDAK web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.

Trademarks. IDAK's trademarks may be used only with written permission from IDAK and proper acknowledgement. For a partial list of IDAK's trademarks and service marks, as well as trademarks licensed to IDAK by third parties, refer to IDAK's List of Trademarks. All other trademarks, brands, and names are the property of their respective owners.

All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), IDAK and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND IDAK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.

Although IDAK has attempted to provide accurate information on this web site as a service to its users, IDAK assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. IDAK may change the programs or products mentioned at any time without notice. Mention of non-IDAK products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, IDAK EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF IDAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

Applicable Laws. Export of any material from the IDAK web site (including any IDAK Confidential Information) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgement of IDAK's proprietary rights in such materials. Any claims relating to the materials or the web site will be governed by Oregon State law.

Revisions to Terms and Conditions. IDAK may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If IDAK makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this web site, you will comply immediately with this request and will confirm in writing to IDAK within ten (10) days that you have done so.

Terms and Conditions of Sale. PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN IDAK AND YOU (THE "CUSTOMER") FOR THE SALE OF PRODUCTS BY IDAK TO YOU. BY ACCEPTING DELIVERY OF PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Taxes; Shipping Charges. Customer is responsible for all shipping and handling charges and all applicable taxes which may be levied on the sale, license, or use of IDAK products, including without limitation duties, customs, GST, and withholding taxes. Customer will reimburse IDAK for any such charges or taxes.

Orders; Payment; No Resale. Orders are subject to acceptance by IDAK. Payment must be received by IDAK prior to IDAK's acceptance of an order and must be made by credit card or other prearranged payment method. Customer shall pay interest on all past-due sums at the highest rate allowed by law. Customer shall not resell any IDAK products.

Title; Risk of Loss. Title to hardware, and risk of loss or damage thereto, shall pass to Customer upon shipment from IDAK's facility. IDAK licenses its software and documentation for use by Customers under the terms and conditions of license agreements provided with the software and documentation. Title to software and documentation is retained by IDAK and its suppliers. Customer agrees not to remove or destroy any copyright notices, trademarks or other proprietary markings on IDAK products.

Governing Law. This contract shall be governed by the laws of Oregon (except as pertaining to conflicts of law), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Multnomah County, Oregon, for all claims arising out of or relating to this contract.

General Legal Provisions. Customer shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between IDAK and Customer. Any modifications of this contract must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control.