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Terms and Conditions

LEGAL INFORMATION AND TERMS OF USE

Welcome to the UtilIT Solutions Website. UtilIT Solutions provides access to this Website to the public as a convenience, but subject to the following terms of use. By accessing, viewing, using or downloading materials from this Website, you agree to be bound by these terms and conditions, if you do not agree with these terms of use do not use this website.

Use of Materials on UtilIT Solutions Website. Unless otherwise specified, you may view and download the materials at this Website only for your personal, informational, and noncommercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.

Use of Downloadable Software. Any software that may be downloaded from this Website is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, UtilIT Solutions and its licensors reserve all intellectual property rights, title and interest in such software.

Partner and other Third Party Descriptions. This website contains information concerning various third parties (often referred to as "partners") who offer products or services compatible with UtilIT Solutions products. This information is provided for your convenience only. UtilIT Solutions is not responsible for and does not warrant any third party product or service or the accuracy of any description.

Trademark Information. UtilIT Solutions, For a complete list of UtilIT Solutions trademarks, and more information about these trademarks, and proper trademark use, please view the document UtilIT Solutions Trademarks and Usage.

Links to Other Websites. UtilIT Solutions provides certain links to other websites as a convenience to you. UtilIT Solutions does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. UtilIT Solutions is not responsible for the content of any site that may be linked to UtilIT Solutions Website.

Changes to these Terms of Use. UtilIT Solutions may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions.

Disclaimer of Warranty. Information on this Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. UtilIT Solutions may make changes and/or improvements in the products and/or programs described in this Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND UTILIT SOLUTIONS, ALL MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

IN NO EVENT SHALL UTILIT SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF UTILIT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Submissions/ Access to Newsgroups. With the exception of personally identifiable information discussed in the UtilIT Solutions Privacy Policy, any material, information, emails or other communication you transmit or post to UtilIT Solutions or to this Website ("Communications") will be considered non-confidential and non-proprietary. UtilIT Solutions will have no obligations with respect to such Communications, other than as provided in UtilIT Solutions' Privacy Policy. UtilIT Solutions and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests and other things embodied therein for any and all commercial and non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties.

UtilIT Solutions may, but is not obligated to, monitor or review any areas on this Website where users transmit or post Communications. UtilIT Solutions will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Export control. By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to, or to a national or resident of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of March 2003 but is subject to change), (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists, or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export UtilIT Solutions 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.

Applicable Laws. This Website is controlled by UtilIT Solutions makes no representation that materials at this Website are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the Commonwealth of Massachusetts , excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods.

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