Terms & Conditions
The following terms and conditions (“Terms and Conditions”) govern your use of OPC Foundation Web sites (“these sites”) of OPC Foundation, an Arizona not-for-profit corporation (“OPC Foundation”), and any services contained within these sites. These Terms and Conditions and supplemental terms and conditions (“Supplemental Terms”) that will govern your use of specific OPC Foundation services (“Additional Services”).
By using or downloading any materials from OPC Foundation Web sites, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
1. Copyrighted Information and Copyright Agent. Please note that the pages on these sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software, or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within these sites are copyrighted by OPC Foundation or a third party (hereinafter collectively referred to as the “Copyright Holder”). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download, or copy the Materials contained in these sites in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify, or make use of the Materials without the express, prior written consent of OPC Foundation. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to OPC Foundation, the Copyright Holder, or any third party referenced in the Materials. Nothing on these sites shall be construed as conferring any license under any Copyright Holder’s intellectual property rights, whether by estoppel, implication or otherwise. You agree to use these sites and the Materials, services, and products on these sites or those accessible via these sites only for lawful purposes. OPC Foundation MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THESE SITES AT ANY TIME.
OPC Foundation respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OPC Foundation’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement on or regarding these sites, OPC Foundation’s Copyright
Agent can be reached as follows:
16101 N. 82nd Street, Suite 3B
Scottsdale, AZ 85260-1868 USA
Phone: 480 483-6644
Fax: 480 483-7202
2. Notice with Regard to Documents on these Sites. Permission to display, copy and/or download any papers, articles or other works of authorship on these sites (the “Documents”) is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from these sites is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Permanent records. By creating an account on the OPC Foundation Web sites you accept that certain personal information is exempt under the appropriate governing privacy legislation and will not be deleted even if you request that your information be deleted. This exempt information includes: records of your acceptance of EULAs associated with downloads, records of you acting as designated representative for an OPC Member and any contributions to standards committees, online forums or shared code repositories.
5. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THESE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND OPC Foundation MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR ITS CONTENTS. OPC Foundation DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. OPC Foundation DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THESE SITES IS ACCURATE, COMPLETE OR CURRENT. THESE SITES COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION, OR TECHNICAL INACCURACIES. OPC Foundation RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. BY YOUR USE OF THESE SITES, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST OPC Foundation DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THESE SITES MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. OPC Foundation MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. OPC Foundation IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER OPC Foundation NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SITES OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THESE SITES AND WILL NOT MAKE ANY CLAIM AGAINST OPC Foundation FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
6. Links to Third Party Sites. Any other Web sites that are accessible via any link on these sites are not under the control of OPC Foundation. OPC Foundation is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. OPC Foundation provides the linked sites to you only as a convenience and the inclusions of any such link on these sites does not imply OPC Foundation’s endorsement of these sites, the organization operating such sites, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
7. Export Restrictions. You acknowledge and agree that the 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 therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. 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.
8. References to Products or Services. Information published by OPC Foundation on these sites may contain references or cross references to OPC Foundation products or services that are not announced or available in your country. Such references do not imply that OPC Foundation intends to announce such products or services in your country. Please contact the OPC Foundation for information regarding the products and services that may be available to you.
9. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on these sites transmitted by a user of these sites via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on these sites, such information shall be deemed to be non-confidential and OPC Foundation shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. OPC Foundation complies with the obligations of the applicable data protection laws. Further, OPC Foundation shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, without limitation, publication on these sites, or other OPC Foundation publications, and developing, manufacturing, and marketing products using such information. OPC Foundation shall have no obligation to compensate the contributor of such information in any manner.
10. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to these sites or these Terms and Conditions, or any OPC Foundation products or OPC Foundation services offered on or accessed via these sites, shall (i) be governed by laws of the State of Arizona and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the laws of the State of Arizona and you hereby submit to the jurisdiction of said courts.
11. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of these sites and prevail over any prior or contemporaneous, conflicting or additional, communications. OPC Foundation shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on these sites. Any use of these sites after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
12. Trademarks. “OPC Foundation”, the OPC Foundation logo, and other OPC Foundation logos and titles are registered trademarks or service marks of the OPC Foundation. All other products, company names or other marks appearing on these sites are the trademarks of their respective owners. Nothing contained in these sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on these sites without prior written permission of OPC Foundation or other trademark owners.
13. Indemnification. You agree to defend, indemnify, and hold harmless OPC Foundation, its officers, directors, employees, members, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. OPC Foundation shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
14. Termination. OPC Foundation may terminate this agreement at any time. Upon termination, you agree to cease all use of these sites. Without limiting the foregoing, OPC Foundation shall have the right to immediately terminate your access and use of these sites, or any portion of these sites, in the event of any conduct by you or through your account which OPC Foundation, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 5, 10, 12, and this Section 14 shall survive any termination of this agreement
09 Jul 2018
16101 N. 82nd Street, Suite 3B
Scottsdale, AZ 85260-1868 USA