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Welcome to the Dennemeyer & Company ("Dennemeyer")
Web site. Please review the following terms and conditions concerning
your use of the Web site. By accessing, using or downloading any
materials from the Web site, you agree to follow and be bound by
these terms and conditions (the "Terms"). If you do not agree with
these Terms, please do not use this Web site.
GENERAL USE PROVISIONS
All materials provided on this Web site,
including but not limited to information, documents, products,
logos, graphics, sounds, images, software, and services ("Materials"),
are provided either by Dennemeyer or by their respective third party
manufacturers, authors, developers and vendors ("Third Party Providers")
and are the copyrighted work of Dennemeyer and/or its Third Party Providers.
Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including but not limited to electronic, mechanical,
photocopying, recording, or other means, without the prior express written permission
of Dennemeyer or the Third Party Provider. Also, you may not "mirror" any Materials
contained on this Web site on any other server without Dennemeyer's prior express
written permission.
Except where expressly provided otherwise by Dennemeyer, nothing
on this Web site shall be construed to confer any license under any of Dennemeyer's
or any Third Party Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for obtaining any such
licenses. See the "Legal Contact Information" below if you have any questions about
obtaining such licenses. Materials provided by Third Party Providers have not been
independently reviewed, tested, certified, or authenticated in whole or in part by
Dennemeyer. Dennemeyer does not provide, sell, license, or lease any of the Materials
other than those specifically identified as being provided by Dennemeyer.
Dennemeyer hereby grants you permission to display, copy, distribute
and download Dennemeyer Materials on this Web site provided that: (1) both the copyright
notice identified below and this permission notice appear in the Materials; (2) the use of
such Materials is solely for personal, non-commercial and informational use and will not be
copied or posted on any networked computer, broadcast in any media, or used for commercial gain;
and (3) the Materials are not modified in any way. This permission terminates automatically
without notice if you breach any of these terms or conditions. Upon termination, you will
immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to Web sites controlled by parties
other than Dennemeyer. Dennemeyer is not responsible for and does not endorse
or accept any responsibility for the contents or use of these third party Web sites.
Dennemeyer is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Dennemeyer of the linked Web site. It is your
responsibility to take precautions to ensure that whatever you select for your use is
free of viruses or other items of a destructive nature.
THIRD PARTY PUBLICATIONS
Dennemeyer has not co-authored, ratified, endorsed or
adopted the information contained in this any publications
referenced on this Web site by publishing it herein.
THIRD PARTY STATISTICS
Dennemeyer has not co-authored, ratified, endorsed
or adopted any statistics provided by third parties by publishing them on this Web site
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this
Web site ("Software") is the copyrighted work of Dennemeyer and/or
Third Party Providers. Use of the Software is governed by the terms
of the end user license agreement that accompanies or is included with
the Software ("License Agreement"). An end user agrees to the License
Agreement terms by installing, copying, or using the Software. The Software
is made available for downloading solely for use by end users according to the
License Agreement. Without limiting the foregoing, the copying or reproduction of the
Software to any other server or location for further reproduction or
redistribution is expressly prohibited. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the terms of the license agreement.
Except as may be expressly warranted in the license agreement, Dennemeyer hereby disclaims all
express or implied representations, warranties, guaranties, and conditions with regard to the software,
including but not limited to any implied representations, warranties, guaranties, and conditions of
merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that
such disclaimers are held to be legally invalid. Installation assistance, product support and maintenance,
if any, of the Software is available from Dennemeyer and/or the Third Party Providers, as applicable.
RESTRICTED RIGHTS LEGEND
Any Software downloaded from this Server for or on behalf
of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Dennemeyer & Co, Inc.,
6990 Columbia Gateway Dr.
Suite 360
Columbia, MD 21046.
SUBMISSIONS
Except where expressly provided otherwise by Dennemeyer, all comments, feedback, information
or materials submitted to Dennemeyer through or in association with this Web site ("Submissions")
shall be considered non-confidential and Dennemeyer's property. By providing such Submissions to
Dennemeyer, you agree to assign to Dennemeyer, at no charge, all worldwide rights, title and interest
in copyrights and other intellectual property rights to the Submissions. Dennemeyer shall be free to
use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge
that you are responsible for the Submissions that you provide, and that you, not Dennemeyer, have
full responsibility for the Submissions, including their legality, reliability, appropriateness,
originality and copyright.
DISCLAIMER
Except where expressly provided otherwise by Dennemeyer,
the materials on the Web site are provided "as is", are experimental, and are
for commercial use only, and Dennemeyer hereby disclaims all express or implied
representations, warranties, guaranties, and conditions, including but not limited
to any implied warranties or conditions of merchantability, fitness for a particular
purpose, title and non-infringement, except to the extent that such disclaimers are
held to be legally invalid. Dennemeyer makes no representations, warranties, guaranties,
or conditions as to the quality, suitability, truth, accuracy, or completeness of any of
the materials contained on the Web site.
LIMITATION OF LIABILITY
Dennemeyer shall not be liable for any damages suffered as a result of using,
modifying, contributing, copying, distributing, or downloading the materials. In no event shall
Dennemeyer be liable for any indirect, punitive, special, incidental, or consequential damage
(including but not limited to loss of business, revenue, profits, use, data or other economic advantage),
however it arises, whether in an action of contract, negligence or other tortious action, arising out of
or in connection with the use or performance of information available from this Web site, even if
Dennemeyer has been previously advised of the possibility of such damage. You have sole responsibility
for the adequate protection and backup of data and/or equipment used in connection with the Web site and
you will not make a claim against Dennemeyer for lost data, re-run time, inaccurate output, work delays,
or lost profits resulting from the use of the materials. You agree to hold Dennemeyer harmless from, and
you covenant not to sue Dennemeyer for, any claims based on or related to the use of the Web site.
LOCAL LAWS; EXPORT CONTROL
Dennemeyer controls and operates this Web site from its headquarters in various locations
in the United States of America and makes no representation that these Materials are appropriate or available
for use in other locations. If you use this Web site from other locations, you are responsible for compliance
with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely
directed to individuals, companies or other entities located in the United States of America. You acknowledge
and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there
from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or
missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and
the Sudan. This list is subject to change without further notice from Dennemeyer, and you must comply with the
list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List
or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to
comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or
re-export as may be required.
LIST OF ANALYSTS/ANALYST COVERAGE
Dennemeyer is followed by certain analysts mentioned on this Web site.
Please note that any opinions, estimates or forecasts regarding Dennemeyer performance made
by these analysts are theirs alone and do not represent opinions, forecasts or predictions of
Dennemeyer or its management. Dennemeyer does not by its reference to any analysts imply its
endorsement of or concurrence with their information, conclusions or recommendations. Information
provided by analysts is subject to change, and Dennemeyer cannot guarantee its accuracy.
GENERAL
This Web site may include inaccuracies or typographical errors.
Dennemeyer and the Third Party Providers may make improvements and/or changes in the
products, services, programs, and prices described in this Web site at any time without
notice. Dennemeyer may periodically make changes to the Web site. Any action related to
these Terms will be governed by controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply. These Terms represent the entire understanding relating to the use of
the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications.
Dennemeyer has the right to revise these Terms at any time without notice by updating this posting.
Any rights not expressly granted herein are reserved by Dennemeyer.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web site are protected by trade dress
and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from the Web site may be
copied or retransmitted unless expressly permitted by Dennemeyer.
Dennemeyer, the Dennemeyer logo, DIAMS-XE, and/or other Dennemeyer
products referenced herein are trademarks of Dennemeyer and may
be registered in certain jurisdictions. All other product names,
company names, marks, logos, and symbols may be the trademarks of
their respective owners. Copyright © 2005 Dennemeyer & Co., Inc.
6990 Columbia Gateway Dr. Suite 360 Columbia, MD 21046 . All rights
reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like
to request permission to use any Materials, please contact the Dennemeyer Legal
Department at (630) 916-9169.
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