Website Usage Guidelines

Terms and Conditions For Using the KEMWorks Website

The following Terms and Conditions govern your use of the KEMWorks Web site and the materials accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the KEMWorks Web Site. Your use of the site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the KEMWorks Web site.

1. Confidentiality

Those areas of the KEMWorks Web site which you access by using a password or other security device (including KEMWorks Partner Access) contain proprietary and confidential information on KEMWorks and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("KEMWorks Confidential Information"). By accessing KEMWorks Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your KEMWorks network, or, if you are a KEMWorks Partner, your customers' networks. You also agree to be careful with this KEMWorks Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any KEMWorks Confidential Information that you receive.

KEMWorks discourages you from sending us any information that you consider to be confidential or proprietary through this Web site. Please note that if you do send us any such information or material, KEMWorks will assume it is not confidential. By sending KEMWorks information or material, you grant KEMWorks an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that KEMWorks is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

2. KEMWorks Ownership Information

The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of KEMWorks and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. KEMWorks grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of KEMWorks products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of KEMWorks.

Except as expressly granted in this section (or to you specifically in writing), KEMWorks and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

3. Disclaimers

THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND KEMWorks EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL KEMWORKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.

Although KEMWorks has attempted to provide accurate information on this Web site as a service to its users, KEMWorks assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. KEMWorks may change the programs or products mentioned at any time without notice. Mention of non-KEMWorks products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. This site may contain indications of KEMWorks®’s current plans. KEMWorks does not guarantee that any feature or product mentioned in this site will be produced, or produced in the form described. KEMWorks reserves the right to modify its roadmaps without notice. Because international information is provided at this Web 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.

Any claims relating to the materials or the Web site will be governed by Florida law.

4. Export Control

Export of any information from the KEMWorks Web site (including Confidential Information obtained through KEMWorks Partner Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship KEMWorks products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below:

Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia

You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any KEMWorks technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof:

Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People's Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.

You agree not to transfer, export or re-export KEMWorks products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.

For more information on KEMWorks's export compliance program please contact Trade and Compliance at KEMWorks Export or info@KEMWorks.com

5. Restricted Rights

All materials and software downloaded from this Web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the materials by the government constitutes acknowledgement of KEMWorks's proprietary rights in such materials.

6. Privacy

We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. At KEMWorks.com, we are committed to respecting your Privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put a policy in place to protect your personal information. You may always visit our site and browse without giving us any personal information.

7. Third-Party Statements on KEMWorks Web Site; Links

KEMWorks may, but is not obligated to, monitor or review statements made by third parties on KEMWorks's Web site. Users or other third parties may post statements or information on some portions of the KEMWorks site from time to time. KEMWorks makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. KEMWorks expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, Privacy, obscenity, or other areas of law. Also, at times this site may contain links to Web sites maintained by other companies, individuals or agencies which are provided as a convenience to KEMWorks users. These linked sites are not under the control of KEMWorks, and KEMWorks is not responsible for the accuracy of information on such sites. KEMWorks does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.

8. Applicable Laws

This Web site originates from and is maintained in the United States of America, and KEMWorks makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

9. Limitations on Use

KEMWorks may revise these Terms and Conditions at any time. Revisions will be posted on this "Legal Information" page and users are responsible for reviewing the page from time to time to ensure compliance. If KEMWorks makes a request to you to stop using KEMWorks Partner Access and/or to promptly return or destroy any copies of the information provided on this Web site, you will comply immediately with this request and will confirm in writing to KEMWorks within ten (10) days that you have done so.