All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Robert Ellison Imaging, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Robert Ellison Imaging products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Robert Ellison Imaging for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Robert Ellison Imaging reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Robert Ellison Imaging server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Robert Ellison Imaging, including any Robert Ellison Imaging account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Robert Ellison Imaging’s systems or networks, or any systems or networks connected to the Site or to Robert Ellison Imaging.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Robert Ellison Imaging on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Robert Ellison Imaging’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Robert Ellison Imaging may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Robert Ellison Imaging makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
• Trademark Information
• Copyright Information
Rights and Permissions
Claims of Copyright Infringement
• Piracy Prevention
Software Asset Management
• Robert Ellison Imaging's Unsolicited Idea Submission Policy
• Software and Documentation Information
• Feedback and Information
• Warranties and Disclaimers
• Legal Contacts
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Robert Ellison Imaging ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Robert Ellison Imaging immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Robert Ellison Imaging or any other user of or visitor to the Site due to someone else using your Robert Ellison Imaging ID, password or account.
You may not use anyone else’s Robert Ellison Imaging ID, password or account at any time without the express permission and consent of the holder of that Robert Ellison Imaging ID, password or account. Robert Ellison Imaging cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Robert Ellison Imaging Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Robert Ellison Imaging’s control, and Robert Ellison Imaging is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
ROBERT ELLISON IMAGING DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ROBERT ELLISON IMAGING CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ROBERT ELLISON IMAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROBERT ELLISON IMAGING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ROBERT ELLISON IMAGING SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ROBERT ELLISON IMAGING FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Robert Ellison Imaging reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Robert Ellison Imaging be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Robert Ellison Imaging has been advised of the possibility of such damages.
You agree to indemnify and hold Robert Ellison Imaging, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Robert Ellison Imaging by any third party due to or arising out of or in connection with your use of the Site.
Robert Ellison Imaging may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Robert Ellison Imaging’s rights or property, or the rights or property of visitors to or users of the Site, including Robert Ellison Imaging’s customers. Robert Ellison Imaging reserves the right at all times to disclose any information that Robert Ellison Imaging deems necessary to comply with any applicable law, regulation, legal process or governmental request. Robert Ellison Imaging also may disclose your information when Robert Ellison Imaging determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Robert Ellison Imaging may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Robert Ellison Imaging administers and operates the www.robertellisonimaging.com Site from its location in Waterloo, Iowa USA; other Robert Ellison Imaging sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Robert Ellison Imaging reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Robert Ellison Imaging provides access to Robert Ellison Imaging international data and, therefore, may contain references or cross references to Robert Ellison Imaging products, programs and services that are not announced in your country. Such reference does not imply that Robert Ellison Imaging in your country intends to announce such products, programs or services.
For a list of Robert Ellison Imaging trademarks and service marks, refer to the Robert Ellison Imaging Trademark List.
Use of any of the images or content on this web-site for commercial purposes without the prior written consent of Robert Ellison Imaging may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Robert Ellison Imaging trademarks may be prohibited, unless expressly authorized. Guidelines for Using Robert Ellison Imaging Trademarks and Copyrights, and Software Licensing Programs for details. firstname.lastname@example.org.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
To obtain permission to use Robert Ellison Imaging copyrighted materials, please refer to Rights and Permissions below.
To report claims of copyright infringement, please refer to Claims of Copyright Infringement.
Rights and Permissions
If you have any questions concerning the usage or licensing of Robert Ellison Imaging copyrighted materials, for example, photographs, video footage, Robert Ellison Imaging advertisements or other Robert Ellison Imaging materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Robert Ellison Imaging material.
Requests may be emailed to email@example.com, faxed to Rights and Permissions at 408.253.0186, or mailed to Robert Ellison Imaging, Attention: Rights and Permissions, 610 East 4th Street Suite 54, Waterloo, iowa 50703. The Rights and Permissions telephone hotline number is 319-287-6623.
Robert Ellison Imaging actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Robert Ellison Imaging works closely with the Software Publishers Association (SPA) and the Business Software Alliance (BSA) to combat software piracy worldwide.
Software piracy (the illegal copying of software programs) is a worldwide problem--more than $11 billion is lost to piracy every year! Because software is valuable, and it is easy to create an exact copy of a program from a single computer, software piracy is widespread.
The illegal copying of software programs, images, or protected content is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text. Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.
Please join Robert Ellison Imaging in its piracy prevention efforts. You can report incidents of software piracy from this site at Report Piracy. Also, you can help your business avoid serious problems with sound software asset management practices as explained in the section below.
If you have any questions, please feel free to contact us at piracy@robertellisonimaging.
Software Asset Management
It is important to manage software well, just as you would any other valuable company asset, in order to avoid serious problems. Robert Ellison Imaging aggressively enforces our company's proprietary rights under the U.S. copyright laws, but we know that poor software asset management often keeps people from complying with the law.
For more information and tools to help your business by practicing sound software asset management practices, please refer to the BSA Web site (http://www.bsa.org) for further guidance and information.
To report suspected piracy of Robert Ellison Imaging software, images or content, in the U.S., please contact Robert Ellison Imaging at firstname.lastname@example.org.
You may also report suspected piracy of Robert Ellison Imaging software, images, or content in the U.S. to the Business Software Alliance (BSA). Visit BSA's Web site at http://www.bsa.org.
Canada and International
To report software piracy outside of the U.S., please contact the Business Software Alliance (BSA) and report online from BSA's web site located at http://www.bsa.org. Robert Ellison Imaging is a worldwide member of the BSA.
To report any site illegally distributing Robert Ellison Imaging software, images or content, please contact Robert Ellison Imaging directly at email@example.com.
Robert Ellison Imaging's Unsolicited Idea Submission Policy
Robert Ellison Imaging or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies,product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Robert Ellison Imaging's products or marketing strategies might seem similar to ideas submitted to Robert Ellison Imaging. So, please do not send your unsolicited ideas to Robert Ellison Imaging or anyone at Robert Ellison Imaging. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically become the property of Robert Ellison Imaging, without compensation to you, and (2) Robert Ellison Imaging can use the ideas for any purpose and in any way, even give them to others.
Robert Ellison Imaging does, however, welcome your feedback regarding many areas of Robert Ellison Imaging's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://www.robertellisonimaging.com/contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on Robert Ellison Imaging's existing products or marketing strategies; do not include any ideas that Robert Ellison Imaging's policy will not permit it to accept or consider. It's just one more way that Robert Ellison Imaging can learn how to best satisfy your needs.
Software and Documentation Information
Use of the software from this site is subject to the software license terms set forth in an Robert Ellison Imaging Software License. The software license agreement is available for review whenever software is downloaded at this site.
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains Robert Ellison Imaging's copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the Robert Ellison Imaging web site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Robert Ellison Imaging assumes no responsibility with regard to the selection, performance or use of these products or vendors. Robert Ellison Imaging provides this only as a convenience to our users. Robert Ellison Imaging has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Robert Ellison Imaging assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Robert Ellison Imaging shall be free to use such information on an unrestricted basis.
If you have any questions concerning the usage or licensing of Robert Ellison imaging trademarks, contact the Trademark department by email at robertellisonimaging.com or by phone at 319-2287-6623.
If you have any questions concerning the usage or licensing of Robert Ellison Imaging copyrighted materials, contact the Rights and Permissions/Copyright department by email at copyright@robertellisonimaging,com or by phone at 319-287-6623.
Claims of Copyright Infringement:
Robert Ellison Imaging is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). Notifications of claimed copyright infringement should be submitted to Robert Ellison Imagings Copyright Agent.
For more information regarding software piracy, software asset management or to report suspected piracy of Robert Ellison Imaging software, images or content, contact the Piracy Prevention/copyright department at piracy@ robertellisonimaging.com.
The information contained in this web site is subject to change without notice.
Copyright ©2004 Robert Ellison Imaging. All rights reserved.
Robert Ellison Imaging, 610 East 4th Street, Suite 54, Waterloo, Iowa 50703, USA.
Effective June 2004