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Legal Notices

Please read carefully before accessing this web site.

Terms of Use

Copyright Notice

Trademark Notice

Access to Password Protected/ Secure Areas

Member Account, Password and Security

Member Conduct

Links to Other Sites

Special Admonitions For International Use

Products and Services Availability

Performance Information

Ownership of Materials

Disclosure; Forward-Looking Statements

Disclaimers

Export Requirements

Privacy Policy

Terms of Sale

 

 

Terms of Use

By accessing, browsing, copying, and/or using any information, communication, software, photos, figures, drawings, scripting, test video, graphics, music, sounds, images, or other material and services (collectively "Content") contained at this web site and other Rothers Group web sites that are linked to this site (collectively, the “Site"), you agree to be bound by the terms and conditions described herein (“Terms of Use”).

 

The Rothers Group ("TRG") maintains this Site and in exchange for accessing, browsing and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept the Terms of Use on behalf of yourself or any party you represent. If any provision of the Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. If you do not agree to these terms, please do not use the Site. If you access the Site, you do so at your own risk and you are responsible for compliance with applicable local laws. TRG makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content may be illegal is prohibited. You acknowledge that TRG reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

 

This Site contains documentation and other information related to products and services of TRG. This documentation is provided as a courtesy to TRG customers and potential customers. TRG assumes no obligation to correct any errors contained herein or to advise any user of liability for the accuracy or correctness of any engineering software support or assistance provided to a user. TRG makes no commitment to update this documentation. By submitting information to services such as discussion boards, community forums, or to TRG Technical Support, you agree that faulty transmission and/or third party interception is a risk and you assume that risk by submitting information over the Internet, and agree to hold TRG harmless in the event that information is received by an unintended third party. TRG reserves the right to change these terms and conditions from time to time at its sole discretion. In the case of any violation of these rules and regulations, TRG reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Site, both now and in the future.

 

Copyright Notice

The Content of this Site is owned and copyrighted by TRG. Except as stated herein, none of the material 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 otherwise, without the prior written consent of TRG. You also may not "mirror" any material contained in this Site without express written consent from TRG. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you don't modify or alter the materials and you retain any and all copyright and other proprietary notices contained in these materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Trademark Notice

The trademarks, logos and service marks displayed on this web site are the property of TRG or other third parties. Users are not permitted to use trademarks, logos and service marks without prior written consent. TRG, the TRG logos, and Menlo logo are registered trademarks of TRG in the multiple countries.

 

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

Member Account, Password and Security

You will receive a password and account designation upon completion of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TRG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.

 

Member Conduct

You understand that all information, data text, software, music, photographs, graphics, videos, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content, if any, that you upload, post, email, transmit or otherwise make available via the service. We do not control the Content posted by others and, as such, do not guarantee the accuracy, integrity or quality of such Content.

 

Links to Other Sites

This Site may contain links to other web sites operated by third parties. You acknowledge that TRG neither endorses nor is affiliated with the linked site and is not responsible for any content that appears on the linked site. You also acknowledge that the owner of the linked site neither endorses nor is affiliated with TRG.

 

Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. The products, processes, software, and other technology described at this Site may be the subject of other intellectual property rights owned by TRG or by third parties, and no licenses are granted herein.

 

Special Admonitions For International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside.

 

Products and Services Availability

Because international information is provided at this 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.

 

Performance Information

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of TRG products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they want to purchase. For more information on performance tests and on the performance of TRG products, visit http://www.rothersgroup.com.

 

Ownership of Materials

Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without prior written permission from TRG. Except as expressly provided herein, TRG and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by TRG in writing or incorporated elsewhere in the Materials.

 

Disclosure; Forward-Looking Statements

Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. There are many important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.

 

Disclaimers

NO WARRANTIES: THE DOCUMENTATION PROVIDED AT THIS SITE IS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, INCLUDING PATENTS, COPYRIGHTS OR OTHERWISE, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TRG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOCUMENTATION PROVIDED ON THIS SITE, EVEN IF TRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. , SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

 

Export Requirements

In order to obtain export classification information for all TRG products, ECCN# and HTS#, please send your request to this email address: export_classification@rothersgroup.com.

 

Privacy Policy

Thank you for your interest in The Rothers Group ("TRG") and our web site located at www.rothersgroup.com. We are pleased to provide this Privacy Policy ("Policy") to inform you of our practices with respect to how we collect and use personally identifiable information about visitors to our web site.

 

What we collect

You may visit our web site without providing any personally identifying information. When you register to use this web site the only information required is your name, email address, and a unique user ID. If you register for online seminars or software evaluations, or if you participate in our online contests or contact us for information, you will be asked to provide additional information such as your title, company, address, and telephone number.

 

How we collect it

TRG collects your personal information when you complete registration forms or contact TRG for additional information about our products and services.

 

Cookies

Cookies are small files sent out by a web server and stored on a user's computer, these files can only be read by the originating server. TRG uses cookies to improve and personalize the user experience on its web site and web applications. Most browsers are initially configured to accept cookies but you can adjust the user settings within your browser to accept, reject, or notify you, when a cookie is sent.

 

Use of Information

TRG uses your personal information to respond to your requests for information; to administer customer, web site, and technical support; and when otherwise reasonably necessary. TRG, or authorized TRG representatives, may contact you regarding products and services that may be of interest to you.

 

Disclosure

TRG uses certain third party vendors to assist TRG in providing our products and services, including marketing and selling TRG products and fulfillment and delivery of customer orders. TRG may transfer your personal information only to such vendors who have entered into a contract with TRG that protects the privacy of your personal information and permits the vendor to use it only as reasonably necessary to fulfill its contractual obligations to provide services to TRG. TRG may also disclose your personal information as it believes is reasonably necessary to comply with law, regulation, or other governmental authority or to prevent harm to yourself or others. Finally, TRG may disclose your personal information upon a transfer or sale to another entity of all or substantially all of TRG assets or stock in the TRG line of business to which this Privacy Policy relates or upon any other corporate reorganization.

 

Customer Surveys

In an effort to provide the highest quality products and services, TRG may contract with third party providers of customer feedback campaigns. When you visit our web site, you may encounter a pop-up dialog box requesting your participation in a customer feed back survey. Participation in these customer feedback campaigns is voluntary and you may chose whether or not you wish to provide any information to the third party survey provider. When you participate in a customer feedback campaign, the information is being provided to the third party survey provider and the terms of the third party service provider's privacy policy, and not this Policy, will apply to any personally identifiable information that you may provide in connection with your voluntary participation in any customer survey activities.

 

Links

For your convenience, we may provide links on our web site to certain third party web sites or referrals to certain third parties' products or services. If you choose to visit a third party's web site, or use its products or services, please be aware that the third party's privacy policy, and not this Policy, will govern your activities and any information you disclose while interacting with the third party.

 

Security

TRG employs procedural and technological measures, consistent with the demands of customer service, reasonably designed to protect your personal information from loss or unauthorized access, disclosure, alteration, or destruction. TRG stores your personal information on secure computers located in a controlled access data center, to which only a small number of TRG employees involved in the management of the data center have physical access. Where reasonably practical, TRG uses encryption, firewalls, and other security technology to help prevent unauthorized access to your personal information.

 

Updating Your Information

TRG will use reasonable efforts to keep your personal information accurate. We would appreciate your help in ensuring the information you provide to us is accurate and up-to-date. Providing accurate information helps us serve you better. You may easily update your profile for this web site by following the instructions provided after you log in to your account.

 

Policy Changes

TRG reserves the right to change this Privacy Policy, and will post any revisions on our web site. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this web site will be subject to the then-current Privacy Policy.

 

Questions?

If you have any questions about our privacy practices, please feel free to contact us at privacy@rothersgroup.com.

 

Effective June 1, 2009.

 

Terms of Sale

The Rothers Group, Rothers Capital, Rothers Strategy, Rothers Technology, and The Menlo Programme (COLLECTIVELY, "TRG")

 

1. ENTIRE AGREEMENT. Except where otherwise agreed in writing signed by an authorized representative of TRG, or as required by applicable law, the terms and conditions set forth herein shall exclusively govern the purchase of TRG equipment ("Products") by Customer. Licensed Items are distributed under license but, when invoiced under this form, are subject to the pricing, tax, and payment terms contained in Paragraph 2. Acceptance of Customer’s order by TRG is expressly subject to the consent of Customer to the terms and conditions herein. Any terms or conditions proposed by Customer, whether written or oral, that add to, vary from, or conflict with these terms and conditions shall be deemed null and void. Customer acknowledges that it has not purchased Products hereunder in reliance upon any warranty or representation other than those specifically set forth herein.

2. PAYMENT AND TAXES. Payment is due within thirty (30) days of the date of invoice. Customer shall pay invoice in full without any deduction, counterclaim or offset. Interest shall accrue on a daily basis. TRG reserves the right to change or remove credit terms at any time for any reason, including, but not limited to, a change in the financial condition or payment history of Customer, and may require payment prior to delivery and/or additional security such as a bank guarantee or parent company guarantee. Customer waives the right to recover from TRG any unclaimed credits granted by TRG twelve (12) months after the accrual of such claims. Prices for Products and Licensed Items are exclusive of all federal, state or other government, excise, use, occupational, sales, value added tax (VAT), export, import or custom fees or duties or like taxes or duties now in force or enacted in the future ("Taxes"). In addition to the prices quoted or invoiced, Customer shall pay any Taxes imposed by any government authority on, or measured by, the transaction between TRG and Customer. Customer shall reimburse TRG if TRG is required to pay Taxes at the time of sale or thereafter. If Customer is required under local law to apply a withholding tax, Customer shall notify TRG in advance and reasonably assist in minimizing its impact.

3. DELIVERY, TRANSFER OF TITLE, AND RISK OF LOSS. Title and risk of loss to the Products shall transfer to Customer when TRG tenders the Products to the freight forwarder at the TRG designated location. The time of delivery occurs when Products are tendered to the carrier, and Products shall be deemed accepted upon such tender. The date of shipment will be as indicated by TRG to Customer. Transportation charges will be paid by Customer, or if prepaid, will be invoiced to Customer and payable within thirty (30) days of the date of invoice. Customer is responsible for insuring the Products against risk of loss or damage during shipment. Partial and/or installment shipments are authorized and, in the case of contingencies beyond its reasonable control, TRG may allocate shipments among its customers at its sole discretion. TRG shall not be responsible for any losses caused as a result of late or partial shipment.

4. NO RETURN/CANCELLATION. Products are non-returnable. The following Products are non-cancellable: space-grade, discontinued (parts listed on a Product Discontinuation Notice (PDN), custom, engineering samples (ES), mechanical samples, or orders otherwise agreed in writing. With the exception of non-cancellable Products, Customer may, upon written confirmation from TRG, reschedule or cancel orders for Products up to thirty (30) days prior to the current scheduled ship date. Customer has no rights in partially completed goods.

5. NO IMPLIED LICENSE. Products are offered for sale and are sold by TRG subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent, copyright or other intellectual property right of TRG or with respect to which TRG can grant licenses. Any license rights required in connection with use by Customer of Licensed Items shall be separately granted in the applicable TRG license agreements for the same. TRG expressly reserves all its rights under such patents, copyrights or other intellectual property rights.

6. MODIFICATIONS. TRG may modify the specifications of Products and substitute Products manufactured to such modified specifications at any time without prior notice to Customer, provided such Products substantially conform to the form, fit, and function of the original product.

7. LIMITED WARRANTY. Subject to the limitations herein, TRG warrants that Products will, for three (3) years following the date of sale by TRG or its authorized distributor, be free from defects in materials and workmanship and will substantially conform to TRG publicly available specifications and known errata in effect on the date of sale. This limited warranty excludes: (i) engineering samples and die (both of which are provided “AS-IS” without warranty); (ii) Products procured from unauthorized sources; (iii) Products that have been subject to misuse, mishandling, accident, alteration, neglect, or unauthorized repair or installation; and (iv) Products used in an application or environment that is not within TRG specifications. For any breach by TRG of this limited warranty, the exclusive remedy of Customer and the sole liability of TRG shall be, at the option of TRG, to replace or repair the affected Products, or to refund to Customer the price of the affected Products. Customer may not return Products without first obtaining a customer return material authorization (RMA) number from TRG. The availability of replacement products is subject to product discontinuance policies at TRG. Notwithstanding the term of this limited warranty, Products subject to PDN shall be covered for one (1) year from the date of last shipment to Customer. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE. TRG DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

8. CRITICAL APPLICATIONS. PRODUCTS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III MEDICAL DEVICES, NUCLEAR FACILITIES, APPLICATIONS RELATED TO THE DEPLOYMENT OF AIRBAGS, OR ANY OTHER APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). CUSTOMER ASSUMES THE SOLE RISK AND LIABILITY OF ANY USE OF TRG PRODUCTS IN CRITICAL APPLICATIONS, SUBJECT ONLY TO APPLICABLE LAWS AND REGULATIONS GOVERNING LIMITATIONS ON PRODUCT LIABILITY.

9. INDEMNIFICATION. TRG agrees, at its own expense, to defend against claims, suits, or proceedings before a court of competent jurisdiction (collectively "Claims") instituted against Customer based on a claim that Products procured by Customer from TRG or an authorized distributor infringes upon any patent or copyright or upon any claim that TRG has misappropriated or unlawfully disclosed trade secrets of a third party in connection with the design or production of Products, and to pay money damages awarded against Customer up to the price paid for affected Products solely for such infringement or misuse, provided that Customer (i) gives TRG immediate notice in writing of the Claim; (ii) permits TRG to have sole control over the defense or settlement of the same; (iii) gives TRG all necessary information, assistance and authority required; and (iv) makes no admission of liability without the permission of TRG. If, as a result of a Claim, Customer is enjoined from using Products purchased from TRG, TRG shall, at its sole discretion, (a) secure for Customer the right to use Products, (b) provide Customer with replacement Products that are non-infringing, or (c) if TRG cannot secure such rights or provide such replacement Products on commercially reasonable terms, refund to Customer the price paid for Products. THE FOREGOING STATES THE ENTIRE LIABILITY OF TRG AND THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER WITH RESPECT TO CLAIMS RELATING TO THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, ALL WARRANTIES AND/OR CONDITIONS AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, STATUTORY, EXPRESS, OR IMPLIED, ARE HEREBY DISCLAIMED. Exclusions; Infringement Indemnification by Customer. Notwithstanding the above, TRG shall not be liable for any costs or expenses incurred without its prior written authorization, and shall have no obligation or liability for any Claim arising out of: (i) modifications to Products made by any party other than TRG or modifications made by TRG at the request of Customer; (ii) the use or incorporation in Products of any design or specification on behalf of Customer; (iii) the combination or incorporation of Products, or of cores or elements of Products, with any circuitry, software, device, subassembly, system, or materials; (iv) any infringement based on protocols established by standards bodies; or (v) a counterclaim against Customer for claims initiated by Customer against a third party.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL TRG BE LIABLE FOR ANY COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF DATA, LOST PROFITS, GOODWILL, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR SALE OF THE PRODUCTS, IN WHOLE OR IN PART, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; (2) EXCEPT AS OTHERWISE PROVIDED UNDER SECTION 9 (INDEMNIFICATION), IN NO EVENT SHALL THE ENTIRE LIABILITY OF TRG ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PURCHASE PRICE FOR THE APPLICABLE PRODUCTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; (3) THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR IF TRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

11. FORCE MAJEURE. TRG shall not be liable for any loss, damage or penalty resulting from a failure to fulfill an obligation (other than payment of money) when such failure is due to causes beyond its reasonable control, including but not limited to, acts of God, war, civil or labor unrest, fire, explosion, terrorism or threats thereof, natural disaster, materials shortages, or supply disruptions or delays. Nothing in this section relieves Customer of the obligation to pay TRG for Product after it has been tendered to the carrier.

12. BANKRUPTCY. If Customer shall become, or there is a reasonable risk of becoming, bankrupt or insolvent, it transfers assets to its creditors, commences to be wound up or a receiver is appointed or if any similar or related bankruptcy or insolvency event occurs in any jurisdiction, TRG may, upon notice in writing, immediately cancel the applicable purchase contract without judicial intervention or declaration of default of Customer and without prejudice to any right or remedy which shall have accrued or shall accrue thereafter to TRG.

13. EXPORT COMPLIANCE. Customer shall adhere to all applicable export laws and regulations.

14. GENERAL. If individual provisions of these terms and conditions are or become invalid, then such provisions shall be modified to the minimum extent necessary to make them valid, while to the fullest extent possible preserving the business and financial intent and impact of the original provisions, and the remaining provisions shall remain unaffected. A failure by TRG to enforce any of the provisions hereof, or to exercise any right provided herein, shall in no way be construed as a waiver of such provision or right, nor in any way affect the validity of these terms and conditions or the right of TRG to enforce any part of these terms and conditions at any time. These terms are governed by local statutes in conjunction without conflict of laws rules and principles and excluding the application of the United Nation's Convention on Contracts for the International Sale of Goods. (2010.01)