Last updated Mar 14, 2023
Automation Inc. (“Company”, “us”, “we”, “our”, or words of like meaning). This Site, the Content, and Links
(each, as defined herein) are made available to you subject to your compliance with these terms and conditions
- Content, Links, and Third-Party Sites. This Site contains content provided by Company and third parties (the “Content”) and may contain forms or links (each, a “Link”) that direct you to websites of third parties (each, a “Third-Party Site”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ERROR FREE, OR COMPLETELY ACCURATE OR CURRENT AT ALL TIMES. INFORMATION ON THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT THAT ANY CONTENT, LINK, OR THIRD-PARTY SITE IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME. NO ONE SHOULD ACT, OR NOT ACT, ON THE SOLE BASIS OF THE CONTENT, LINKS, OR THIRD-PARTY SITES (IN WHOLE OR IN PART).
- Your Content. This Site may allow for you to share, upload, or provide information and other content to this Site and to us and third parties (“Your Content”). By uploading or providing any of Your Content to this Site, you represent and warrant that you have all necessary rights and licences to do so. Company reserves the right to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content.
- Your Publicly Shared Content. Your Content, other than your personal information, is referred to herein as “Your Publicly Shared Content”. You acknowledge and agree that Your Publicly Shared Content is public. By uploading or providing Your Publicly Shared Content to this Site, you automatically grant Company a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish Your Publicly Shared Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Publicly Shared Content (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that Company may assign, transfer, or sub-license Your Licence to any person, including its affiliates and successors, without any further approval by you.
Prohibited Content. You agree to not post, provide, or upload any of Your Content to this Site that:
- contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
- is obscene, pornographic, violent, or that otherwise may offend human dignity;
- is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
- is inaccurate, incomplete, or misleading or includes advice or guidance that is negligent or fraudulent;
- encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libellous;
- unless and only to the extent otherwise expressly provided in any other agreement between you and Company, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Company or otherwise;
- itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or
- shows another person if Your Content was created or distributed without that person’s express consent.
Linking and Third-Party Sites. You acknowledge and agree that:
- Links and Third-Party Sites and the content of, and any services or products accessible by, Links or Third-Party Sites are not provided by, nor is any of it under the control of, Company;
- Company does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby; and
- if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.
- Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Company, including METRICS™, METRICS DESIGN AUTOMATION™, DSIM™, DISM CLOUD™, DSIM CLOUD CLI™, MDC™, METRICS VERFICATION CLOUD™, and METRICS VCLOUD™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Company are trademarks of Company or its affiliates (collectively, the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Company Marks, or any use thereof.
- “Company Property” means this Site and any and all related: (i) Company Marks, Content, services, and products; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works; (iv) videos, sounds and all performance or audio-visual works; (v) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) software, including source code, object code, and scripts that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (vii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (viii) intellectual property rights in any of the foregoing.
- You acknowledge and agree that all Company Property: (i) is protected by copyright and is either owned by or licensed to Company; (ii) contains proprietary information and material that is owned by Company or its affiliates or their respective licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Company and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
Prohibited Activities. You may not access this Site or any other Company Property in any way or for any purpose
permitted in writing by Company, you will not access or use any Company Property for any purpose that is outside
the scope of the Permitted Uses or that violates the rights of Company or any other person. Without limiting the
foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
- access or use any portion of this Site or other Company Property that is not expressly authorized for use by you;
- exploit any Company Property (in whole or in part), including by trespass or burdening network capacity (either of Company or a third party);
- reproduce any Company Property (in whole or in part) in any form or by any means;
- make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property (in whole or in part);
- create derivative works of any Company Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any Company Property (in whole or in part) with other data, content, or frame from or on another website;
- scrape, whether by way of screen scraping or database scraping, any Company Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property (in whole or in part), whether by an automatic program or a manual process;
- sell, licence, sublicence, transfer, rent, lease, or loan any Company Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
- decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any Company Property (in whole or in part), its architecture, or any underlying software or code;
- dilute, tarnish, or otherwise harm the Company brand, goodwill, or reputation in any way, including through unauthorized use of any Company Property, registering or using Company Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Company’s domains, trademarks, taglines, promotional campaigns, or any other Company Property;
- access or use this Site or any other Company Property (in whole or in part) for any purpose that violates the rights of Company or (in the sole discretion of Company) any other person;
- access or use this Site or any Company Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Company, a partnership with Company, or otherwise misleads others as to your affiliation or relationship with Company;
- use this Site or any Links (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
- copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of this Site in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any person for or on behalf of Company to protect this Site or any other Company Property (in whole or in part);
- take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any other Company Property (in whole or in part); or
- violate or infringe any person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
- THIS SITE AND ANY AND ALL CONTENT AND LINKS ARE PROVIDED “AS IS” AND ON A “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER;
- ACCESS TO, AND USE OF, THIS SITE AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES AND ANY RELATED SERVICES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND LIABILITY;
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES, AND ANY RELATED SERVICES AND PRODUCTS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR ANY CONTENT OR ANY THIRD-PARTY SITE OR ANY RELATED SERVICE OR PRODUCTS WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
- COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES OR PRODUCTS IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
- COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS; AND
- COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY CONTENT OR MATERIALS.
- Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate this Site or any other Company Property (in whole or in part) or to undermine the legitimate operation of this Site or any other Company Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, Company reserves the right to seek damages from you to the maximum extent permitted by law.
Indemnity. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold
Company and its affiliates and their respective directors, officers, employees, personnel, contractors,
subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil,
criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits,
investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related
penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and
costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may
be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
- Your Content;
- your reliance upon or any use of or any actions or omissions by you in reliance upon this Site or any Content, Links, or Third-Party Sites (in whole or in part);
- any loss of, damage to, or destruction of Company Property or the property of any other person, including any Links, Third-Party Sites, or any related services or products, to the extent that said loss, damage or destruction is caused by you or someone for whom you are responsible at law;
- personal injury (including death) in connection with this Site or any Content, Links, Third-Party Sites, or any related services or products to the extent caused by you; or
- your negligence, fraud, or criminal, willful, or intentional misconduct.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY COMPANY PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT COMPANY OR ANY COMPANY PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES OR PRODUCTS.
Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by
- notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.