exchange terms and conditions

Version 5

    exchange Terms and Conditions

     

     

    PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO EXCHANGE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS.

     

     

    INTRODUCTION

    Schneider Electric has created this community for the purpose of providing a place for the Schneider Electric user community to obtain and share information related to the use of Schneider Electric products (“exchange”). This exchange community is operated by Telvent USA, LLC, its parent, affiliates or subsidiaries, including other companies’ part of the Schneider Electric Group (“Schneider Electric”).

    The following terms, conditions and notices (“Terms”) shall govern access to and use of Exchange by all users.  There may be a specific page to which a user has access containing terms, conditions and notices specific to that page (the "Additional Terms”).  In the event that any of the Terms contained herein conflicts with the Additional Terms contained within another specific community, the Additional Terms of the specific community shall govern.

     

     

    ACCEPTANCE

    By registering an account and accessing exchange, you expressly acknowledge to Schneider Electric to having read and accepting the terms and conditions contained herein.  These terms and conditions govern access to and use of exchange.  Schneider Electric may, at any time and at its sole discretion, modify the Terms concerning exchange.

     

     

    PASSWORDS

    Login credentials are for registered users only and may not be shared among multiple individuals. You are responsible for maintaining the confidentiality of your login credentials and ensuring unauthorized third parties do not access exchange. You will immediately notify Schneider Electric if you become aware of any unauthorized access to exchange. Schneider Electric shall not be liable for any damages as a result of your failure to comply with this provision.

     

     

    ACCESS TO SE COMMUNITY AND TERMINATION OF USE

    Access to and use of exchange is subject to these terms and conditions and all applicable laws, rules, and regulations. Schneider Electric may terminate your account at its sole discretion if Schneider Electric believes any violation of law or these Terms has occurred. Furthermore, Schneider Electric may alter, suspend, or discontinue the website, or any portion thereof, at any time without notice or liability to you.

     

     

    RULES OF BEHAVIOR

    1. By accessing, browsing or using exchange, you agree to the following:

    You will not use, intentionally or unintentionally any of the content, information, or services on exchange in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.

    You will not post content that: ( i ) contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, discriminatory or unlawful material; (ii) contains slanderous or libelous comments about other users of Exchange, Schneider Electric and its employees, or any other third party; (iii) violate the privacy of any individual or entity; (iv) contains a business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; (v) contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Schneider Electric’s system or a third party's computer; (vi) is intentionally deceptive or mislabeled; (vii) undermines the operation of a forum, chat room, or other feature;  (viii) contains unauthorized copies of third parties' works or violates anyone’s copyright, trademark or other proprietary right.

    You will not solicit any other user for employment or business opportunities;

    You represent that you have all the necessary legal rights to upload, post or otherwise transmit content using this site.

    You will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of Canada, the United States of America, or any other country.

     

     

    Schneider Electric, at its sole discretion, shall delete postings in violation of the Rules of Behavior.

    2. The online space provided to users in exchange is personal to you and you may not sell, license, or otherwise commercially transfer access to Exchange website in any way. By accessing and using Exchange, you warrant and represent that you will not engage in behavior that violates the Rules of Behavior.

     

     

    PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION

    1. Copyrights. All content in exchange, including but not limited to design, text,  software, source codes, interfaces, applications, technical drawings, configurations, graphics, other files, and their selection and arrangement (“SE Content”) are either copyrighted by Schneider Electric, or are otherwise the proprietary property of Schneider Electric. The SE Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Schneider Electric’s prior written permission. No transfer or grant of rights under any such copyrights is made or is to be implied by any provision of these terms and conditions.

    2. Trademarks. Trademarks contained within exchange are trademarks or registered trademarks of Schneider Electric and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Schneider Electric. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Schneider Electric and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Schneider Electric. No transfer or grant of rights under any such trademark rights is made or is to be implied by any provision of these terms and conditions. Trademarks, registered trademarks, product names, and company names or logos displayed in exchange are the property of their respective owners and shall only be posted with the consent of Schneider Electric.

    3. Patents. Schneider Electric’s products and processes may be covered by one or more patents, and may also be subject to other trade secret and proprietary rights. Schneider reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Schneider’s products or processes.

    4. Software. Any software, including but not limited to files, images generated by the software, source code, and data accompanying the software (collectively “Software”) posted by Schneider Electric is licensed to you for the purposes expressly stated in exchange, provided that such uses are not competitive with or derogatory to Schneider Electric. Schneider Electric retains full ownership and title to the Software.  No transfer or grant of rights under any proprietary rights related to such Software is made or is to be implied by your access to exchange.

     

     

    CONFIDENTIAL INFORMATION

    Subject to sections 1 to 4 above, and subject to the Additional Terms of a specific community with respect to confidential information, the content posted by Schneider Electric on exchange is provided on a non-confidential basis. Should the content, or a portion of it, be considered to be confidential information or proprietary to Schneider Electric, your obligation of confidentiality shall remain in effect for a period of five (5) years from the date the content or the information was posted on exchange. However, you acknowledge and agree that your obligation of confidentiality with regard to the confidential information that is considered to be a trade secret under applicable law shall remain in secret for as long as such information remains a trade secret under applicable law.

     

     

    USER CONTRIBUTIONS

    exchange provides opportunities for users to actively participate by creating, providing, sharing transmitting and uploading material, information, software or other communication to Exchange (“Contributions”). Contributions in exchange are subject to these Terms. Except for any personally identifiable information Schneider Electric may collect from you under the guidelines established in our Privacy Policy the Contributions will be considered non-confidential and non-proprietary. Schneider Electric assumes no obligations, responsibility or liability over the sharing of Contributions among users.

     

     

    Any Contributions provided by you to exchange may be editable and freely used by Schneider Electric and other users that may have access to such contributions. Schneider Electric and other users may create comments, articles, documents, FAQs or knowledge bases. All users of exchange shall have the right to retain and use Contributions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Contributions to other areas of exchange, using Contributions in current or future products or services, or giving or selling Contributions to third parties. Schneider Electric is under no obligation to use any Contributions provided by users and Schneider Electric has the right remove any Contributions at any time and for any reason.

     

     

    CONTRIBUTIONS, OWNERSHIP, RIGHTS AND LIABILITY

    Schneider Electric does not claim ownership of any Contributions that are posted, submitted, or otherwise provided to exchange. However you hereby grant Schneider Electric and users with access to such Contributions and with a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, sublicense , distribute, perform, play, make available to the public, exercise all copyright and publicity rights with respect to the Contributions you post in Exchange and create derivative works from your Contributions on any and all media,  in any manner, in whole or in part, without any duty to notify or to compensate you. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your Contributions that you may have under any applicable law or legal theory.

     

     

    In order to grant Schneider Electric and other users of exchange the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions uploaded or shared to exchange and that your Contributions are non-infringing on the patent, copyright or other intellectual property rights of others.

     

     

    All Contributions are deemed to be provided on a non-confidential basis. Do not reveal information that you do not want to make public in exchange.  Schneider Electric is under no obligation to and does not control the Contributions created, provided or uploaded to exchange.

     

     

    INDEMNITY

    You shall indemnify, defend and hold Schneider Electric, its parents, subsidiaries, officers, directors employees, agents and licensors harmless from any claims, demands and expenses, (including reasonable attorney's fees), related to a violation of the Terms governing access to and use of exchange, including any unlawful behavior on the part of users, or the infringement of any intellectual property or privacy right of any person or entity or the violation of any laws, regulations or other third party rights.

     

     

    DISCLAIMERS & LIMITATION OF LIABILITY

    1. Availability of Schneider Electric Community.  exchange is available on an "as is, as available" basis. Schneider Electric makes no representations about the accuracy or completeness of this site’s content or the content of any site or external sites or with respect to the reliability of the website, and disclaims all liability in the event of any service failure. Furthermore,

    2. Availability of Content.  Schneider Electric makes no representations regarding the amount of time that the forums, message board discussions, uploaded files, or any other content will be retained. Reliance on and use of material provided within exchange shall be solely at your own risk.

    3. General. exchange is provided solely as a service to you.  If a user is unhappy with exchange in any way, including but not limited to operability, content provided by other users or Schneider Electric, or these terms and conditions your sole remedy is to discontinue use of exchange.

    4. Disclaimer. THE CONTENT ON THE COMMUNITY IS "AS IS" AND “AS AVAILABLE BASIS” AND CARRIES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCHNEIDER ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SCHNEIDER ELECTRIC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, RELIABILITY, CORRECTNESS, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SCHNEIDER ELECTRIC DOES NOT WARRANT THAT THE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. SCHNEIDER ELECTRIC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, OMISSIONS IN CONTENT, OTHER HARMFUL COMPONENTS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

    5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHNEIDER ELECTRIC, ITS REPRESENTATIVES, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS,AGENTS AND  EMPLOYEES ARE NOT LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, LOSS OF USE, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, DOWNTIME LOSS, LOSS OF PROFITS, REVENUES OR INVESTMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SCHNEIDER ELECTRIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCHNEIDER ELECTRIC AND YOU.

     

     

    SEVERABILITY

    Should for any reason or to any extent any provision of the exchange Community terms and conditions be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the exchange Community terms and conditions and the application of that provision shall be enforced to the extent permitted by law.

     

     

    GOVERNING LAW

    Use of exchange is subject to and governed by the laws of the state of Colorado without giving effect to any principles of conflicts of law. You hereby agree that any disputes arising under or in connection with the terms and conditions contained in exchange or with exchange shall be submitted for resolution to the courts of the county of Larimer and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

     

     

    WAIVER.

    Failure to enforce any provision of the Terms will not constitute or be construed as a waiver of such provision or the right to enforce it.