END USER WIKI LICENSE AGREEMENT
THIS USER LICENSE AGREEMENT (the "Agreement") is a legal agreement between you (either an individual end-user or an entity) and Leviton Manufacturing Co., Inc. ("Leviton").
BY CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS AGREEMENT REGARDING YOUR USE OF THE WEBSITE AND/OR WIKI. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE SERVICE. LEVITON IS WILLING TO PROVIDE THIS SERVICE ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
1. Grant of License. Subject to the terms of this Agreement, Leviton grants to you a non-exclusive, non-transferable, revocable license to use the Leviton Website and/or WIKI accompanying this Agreement (the "WIKI"). No other rights are granted. The WIKI is in use if it is accessed via the internet or loaded on the computer’s permanent or temporary memory.
2. Ownership. WIKI use is under a license only under the terms and conditions of this Agreement, and Leviton reserves all rights not expressly granted to you in this Agreement. You are welcome to send suggestions on improving the WIKI and/or service, but in doing so, you acknowledge and agree that such suggestions will become the property of Leviton, and Leviton has no obligation to compensate you for such suggestions. You acknowledge and agree that Leviton owns all legal rights, title and interest in and to the WIKI and its Web Sites, including any Leviton trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they 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 Leviton's prior written permission. Except as expressly provided herein, Leviton does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
3. Member Account, Password, and Security: Leviton may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Leviton immediately of any unauthorized use of your account or any other breach of security here. Leviton will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Leviton or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. use the Web Sites, WIKI, Materials, Services or activities to "stalk" or otherwise harass or harm another;
c. impersonate any person or entity, including, but not limited to, an Leviton official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or WIKI;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. you may not use the Web Site or WIKI in any manner that could damage, disable, overburden, or impair any Leviton server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or WIKI or interfere with any other party's use and enjoyment of the Web Sites or WIKI;
j. you may not attempt to gain unauthorized access to any Web Site or WIKI, other accounts, computer systems or networks connected to any Leviton server or WIKI, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or WIKI; and/or
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
5. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the WIKI shall automatically terminate. The provisions of paragraphs 5, 7, 8 and 14 will survive any termination of this Agreement.
6. DISCLAIMER OF WARRANTY. YOU AGREE THAT LEVITON HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE WIKI AND THAT THE WIKI SOFTWARE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. LEVITON DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE BUNDLED PRODUCT AND SOFTWARE, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. LEVITON SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS WIKI. LEVITON MAKES NO WARRANTY AS TO THE QUALITY OF THE BUNDLED PRODUCTS OR SOFTWARE. NO LEVITON DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL LEVITON BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY LEVITON PRODUCT OR SERVICE, EVEN IF LEVITON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LEVITON’S TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE LEVITON PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Warning Concerning Health and Safety Use. The parties acknowledge and agree that the WIKI is intended by Leviton to be used in normal, household and limited commercial circumstances and that the WIKI is expressly not intended for use, has not been tested for use, and should not be used in applications where health or safety are dependent upon the accurate and timely functioning of the WIKI or in circumstances where a malfunction or error could result in the loss of valuable property.
9. Accuracy and Completeness: Leviton does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the WIKI.
Changes and Updates: Leviton reserves the right to modify or discontinue, temporarily or permanently, Web Sites or WIKI (or any part thereof) with or without notice. Leviton may make changes to Web Sites or WIKI, or to the products described therein, at any time without notice. Leviton makes no commitment to update the Web Sites or WIKI.
10. User Content Submissions
Definition: User content submissions may include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Leviton WIKI. The content submitted by users is referred to here after as "User Content".
Non-Endorsement: Leviton does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Leviton expressly disclaims any and all liability in connection with User Content submissions. Leviton does not permit copyright infringing activities and infringement of Leviton intelllectual property rights on its Web Sites, and Leviton will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the DMCA provisions. Leviton reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Leviton does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or WIKI, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Leviton is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Leviton representative, any material, information or other communication you transmit or post to a WIKI or Web Site will be considered non-confidential and non-proprietary.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Leviton, necessary sub-licensees and WIKI users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on an Leviton WIKI is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Leviton is not responsible for user submitted code nor warrants that it will work correctly.
11. Links to Other Materials or Sites The linked sites are not under the control of Leviton and Leviton is not responsible for the content of any linked site or any link contained in a linked site. Leviton reserves the right to terminate any link or linking program at any time. Leviton does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
12. Export Law Assurances. You agree and certify that neither the WIKI nor any other technical data received from Leviton will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If you have rightfully obtained access to the WIKI outside of the United States, you agree that you will not re-export any other technical data received from Leviton, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the WIKI.
13. Agents and Third Party Purchasers. If you are accessing the WIKI on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are accessing the WIKI to the terms and conditions of this Agreement.
14. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to or application of its choice of law rules or principles. You agree that any legal proceeding concerning your use of the Software or the interpretation or enforcement of this Agreement shall be brought only in the state or federal courts located in the State of New York, in the City of New York and you consent to the personal jurisdiction of such courts over you. In any such action or proceeding, the substantially prevailing party shall be entitled, in addition to any other appropriate remedies, to recover its costs and expenses, including attorney fees, incurred in the pursuit or defense of its rights, whether prior to or at trial or on appeal. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the WIKI and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.
The WIKI and its contents is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the WIKI and its contents is subject to civil and criminal penalties.