END USER LICENSE AGREEMENT (EULA)
IMPORTANT: PLEASE READ CAREFULLY
Your use of the software, software as a service or other subscription, application or program (“Program”) and any user interfaces, descriptions, data, and/or any other information in any media or form whatsoever including user manuals or other documentation, drawings, specifications, certifications, tests and test results, catalogues and other promotional materials, data, images, sound recordings, multi-media and other presentations or materials (“Information”) which you may download or otherwise access from this site is subject to the following terms and conditions and to Parker’s
Offer of Sale, and
(collectively “Terms and Conditions”) to the extent not inconsistent or in conflict with the terms of this EULA. If you do not wish to accept these Terms and Conditions, you are not permitted to use the Program or the Information.
Terms and Conditions
1. WARNING. YOU ARE STRONGLY ADVISED TO EXERCISE CAUTION IN YOUR USE OF THE PROGRAM AND INFORMATION AND ANY RESULTS OR OUTPUT GENERATED THEREBY. IMPROPER USE OF ANY OF THE SAME CAN CAUSE DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR HOW THE PROGRAM AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE USED AND FOR PREVENTING ANY DAMAGE TO ANY USER OF ANY MATERIAL, COMPONENT, OR SYSTEM SELECTED, SPECIFIED, OR DESIGNED THEREWITH OR TO ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS, OR ANY OTHER PERSONS ARISING OUT OF ANY USE OR MISUSE OR ALTERATION OF THE PROGRAM OR INFORMATION, OR ANY RESULTS OR OUTPUT THEREOF WHETHER OR NOT INTENTIONAL, INCLUDING ANY ERROR, OMISSION, MISSTATEMENT OR DELETION IN OR OF THE PROGRAM OR INFORMATION, OR THE RESULTS OR OUTPUT THEREOF.
The Program and Information may provide material, component and/or system options for further investigation by users having technical expertise, and is provided solely for use by users having such expertise. Before selecting or using any material, component or system, it is important that you analyze all aspects of your application. Due to the variety of operating conditions and applications which may be encountered, the user, through your own analysis and testing, is solely responsible for making the final selection and approval of any material, component or system and assuring that all performance, safety and warning requirements of the application are met. Final acceptance and approval of the material, component or system must be made by the user after testing its performance and endurance in the entire application under all conditions which might be encountered.
The Program and Information may be updated, obsoleted, or otherwise changed by Parker at any time without notice, and you are solely responsible for maintaining Program and Information current in your permitted uses thereof.
2. Copyright. The Program and Information are protected by copyright, and are owned exclusively by Parker-Hannifin Corporation, 6035 Parkland Boulevard, Cleveland, OH 44124, and/or its parents, subsidiaries, affiliates and third party licensors ("Parker”). Nothing in these Terms and Conditions constitutes a waiver of Parker’s rights under United States or international copyright laws or any other international, federal or state law. Parker retains all rights not expressly granted under these Terms and Conditions.
3. Grant of License. Parker hereby grants to you the end user, subject to these Terms and Conditions, a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and limited license to use Program and Information for your own internal use and only for the purpose of conducting business with Parker. Any reproduction or redistribution of the Program not in accordance with these Terms and Conditions is expressly prohibited. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PROGRAM or INFORMATION TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. Ownership. Except for any portions of the Program or Information owned or controlled by Parker’s third party licensors, Parker retains the ownership of the Program and Information, and any and all copies thereof. In no event shall you obtain any greater right in and to the Program and Information than a right in the nature of a license limited to the use thereof subject to compliance with all of these Terms and Conditions. As to any Open Source Software or other portions of the Program or Information owned or controlled by Parker’s third party licensors, such portions may be subject to terms separate from or in addition to these Terms and Conditions. Any such terms are transferred rather than sublicensed to you. A copy any such terms may be appended to these terms and Conditions.
5.Prohibited Uses. You may not, without the prior, written permission of Parker:
(a) Use, copy, modify, or merge copies of all or any part of the Program and Information;
(b) Reverse engineer, disassemble, reverse translate, decrypt, or in any manner decode any part of the Program and Information;
(c) Distribute, sell, license, assign, rent, sublicense, lease or otherwise transfer in any way all or any part of the Program and Information; or
(d) Remove any proprietary notices, labels, or other markings on, in, or from the Program and Information.
6. Term. This license and your right to use the Program and Information shall automatically terminate if you fail to comply with any of these Terms and Conditions. Parker may at any time, without prior cause or notice, and in its sole discretion: (a) modify, update, obsolete, revise, alter, change, withdraw, or cancel the Program and Information or any module or other functionality thereof; (b) terminate the license herein grant and/or your use of or access to the Program and Information or any module or functionality thereof; and/or (c) modify these Terms and Conditions and/or the terms and conditions of your use of or access to the Program and Information or any module or functionality thereof. The Program and Information shall be removed from your systems and devices, and any access thereof shall be immediately terminated upon termination of this Agreement regardless of which party is the terminating party.
7. WARRANTY DISCLAIMER. THE PROGRAM AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARKER DOES NOT WARRANT THAT THE PROGRAM AND INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INACCURACIES OR ERRORS IN, OR FAILURES OF, THE PROGRAM AND INFORMATION WILL BE CORRECTED, AND PARKER SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH INACCURACIES, ERRORS, OR FAILURES OR TO UPDATE OR OTHERWISE MAINTAIN THE PROGRAM AND INFORMATION.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARKER, ITS AGENTS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF EITHER THE USE OR INABILITY TO USE THE PROGRAM OR INFORMATION, OR ANY RESULTS OR OUTPUT THEREOF, EVEN IF PARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RATHER, YOU THE USER HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PARKER, ITS PARENTS, AFFILIATES, LICENSEES, SUPPLIERS, AND DISTRIBUTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL LIABILITIES, CLAIMS, INCLUDING FOR INFRINGEMENT OF ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT, DAMAGES, JUDGMENTS, LOSSES, AWARDS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE PROGRAM OR INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, OR FOR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS AND CONDITIONS, OR FOR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR BREACH OF ANY WARRANTY OR OTHER PROVISION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR ANY DAMAGE OR OTHER HARM CAUSED AS A RESULT OF YOUR WILLFUL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
9. Data; Feedback. You grant to Parker a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) use, reproduce, backup, store, transfer, maintain, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any and all data and feedback provided or generated by You in connection with the Program, or collected, processed, compiled, or generated by the Program for improving and enhancing the Software and for any other commercial, noncommercial or other lawful purpose; and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to any such feedback and data. Parker accepts no obligation for maintaining the confidentiality of any such feedback or data. You warrant that You have the right to license use of such data and feedback to Parker, that such data and feedback do not infringe or otherwise violate any patent, trade secret, copyright, right of publicity or privacy, moral right, or other intellectual or proprietary right of any third party, and that such data and feedback are not subject to any license terms that would require Parker to comply with any additional obligations with respect to any product or service that incorporates such data or feedback.
10. Assignment. You may not sublicense, assign, or transfer the license herein granted or the Program or Information. Any attempt otherwise to sublicense, assign, or transfer any of the same or rights hereunder shall be null and void.
11. Governing Law. This Agreement shall be governed by the laws of the State of Ohio, USA without regard to its conflict of laws rules or principles.
12. Acceptance. Your use of the Program and Information is conditional upon your acceptance of these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you are not permitted to use the Program or Information. In such event, please return the Program and Information to Parker at the address set forth above.
Copyright © Parker-Hannifin Corporation. The year of copyright is the current year. All rights reserved. Other copyrights as indicated in the Information or as of the date of the Information.
Last updated: March 2018
“Opt in” terms: