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Terms of Use

The following Terms and Conditions govern your use of the Implicit Monitoring Solutions (IMS) Website and the materials accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the IMS Web Site. Your use of the site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the IMS Web site.

1. Confidentiality. Those areas of the IMS Web site which you access by using a password or other security device (including IMS Partner Access) contain proprietary and confidential information on IMS and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("IMS Confidential Information"). By accessing IMS Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your IMS network, or, if you are an IMS Partner, your customers' networks. You also agree only to disclose IMS Confidential Information within your company to employees with a "need to know" who are instructed and agree not to disclose the information and nor use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any IMS Confidential Information that you receive. IMS discourages you from sending us any information that you consider to be confidential or proprietary through this Web site. Please note that if you do send us any such information or material, IMS will assume it is not confidential. By sending IMS information or material, you grant IMS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that IMS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
2. Implicit Monitoring Solutions LP Ownership Information. The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQ’s) is the copyrighted work of IMS and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. IMS grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of IMS products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of IMS. Any software that you download from the IMS Web Site is governed exclusively by the licensing terms accompanying the file or the terms of the licensing agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law. IMS' trademarks may be used publicly only with permission from IMS and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners. Except as expressly granted in this section (or to you specifically in writing), IMS and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
3. Disclaimers. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND IMS EXPRESSLY DISCLAIMS 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. IN NO EVENT SHALL IMS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS. Although IMS has attempted to provide accurate information on this Web site as a service to its users, IMS assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. IMS may change the programs or products mentioned at any time without notice. Mention of non-IMS 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. Any claims relating to the materials or the Web site will be governed by Texas law.
4. Export Control. Export of any information from the IMS Web site (including Confidential Information obtained through IMS Partner Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship IMS products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, The Federal Republic of Serbia, and Federal Republic of Yugoslavia. You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any IMS technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People's Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. You agree not to transfer, export or re-export IMS products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
5. Restricted Rights. 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. Use of the materials by the government constitutes acknowledgement of IMS' proprietary rights in such materials.
6. Forward Looking Statements. This Web site may contain forward-looking statements. Actual results may vary materially.
7. Third-Party Statements on IMS' Web Site; Links. IMS may, but is not obligated to, monitor or review statements made by third parties on IMS' Web site. Users or other third parties may post statements or information on some portions of the IMS site from time to time. IMS makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. IMS expressly disclaims any liability for such third party statements 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 other companies, individuals or agencies which are provided as a convenience to IMS users. These linked sites are not under the control of IMS, and IMS is not responsible for the accuracy of information on such sites. IMS 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.
8. Applicable Laws. This Web site originates from and is maintained in the United States of America, and IMS makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.
9. Limitations on Use. IMS may revise these Terms and Conditions at any time. If IMS requests that you to stop using IMS Partner Access and/or that you promptly return or destroy any copies of the information provided on this Web site, you will comply immediately with this request and will confirm in writing to IMS within ten (10) days that you have done so.