Terms of Use

Copyright

TERMS OF USE: Agreement Between User And Optrex America, Inc.

This software, information, and data contained herein (the "Data") is offered to the user by Optrex America, Inc. and its affiliated companies ("OAI") conditioned on acceptance by the user ("User") without modification of these terms, conditions. By accessing and using this Data, the User is deemed to have agreed to all such terms, conditions, and notices ("Agreement") with OAI.

Authority

User represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Data in accordance with all of the terms and conditions in this Agreement. User agrees not to assign, transfer or sublicense User's rights pursuant to this Agreement. User shall be responsible for any unauthorized use of this Data caused by User.

User agrees to abide by the terms or conditions of any other copyright, intellectual property right, or license contained in the Data. User shall be responsible for any taxes and duties associated with its use of the Data.

Permitted Uses and Express Terms of Use

These materials and the Data herein are intended as a reference to assist the User as a customer in the selection of the Optrex LCD products. These materials do not convey any license under any intellectual property rights, or any other rights, belonging to OAI or any third party.

OAI assumes no responsibility for any damage or infringement of any third-party's rights, originating in the use of any product data, diagrams, charts or circuit application examples contained in these materials.

All information contained in these materials, including product data, diagrams and charts, represent information on products at the time of publication of these materials, and are subject to change by OAI without notice due to product improvements or other reasons. It is therefore recommended that Users contact OAI or an authorized Optrex LCD product distributor for the latest product information before purchasing a product listed herein.

OAI LCD modules are not designed or manufactured for use in a device or system that is used under circumstances in which human life is potentially at stake. Please contact OAI or an authorized Optrex LCD product distributor when considering the use of a product contained herein for special applications, such as apparatus or systems for transportation, vehicular, medical, aerospace, nuclear, or undersea repeater use.

The prior written approval of OAI is necessary to reprint or reproduce in whole or in part these materials.

If these products or technologies are subject to export control restrictions, they must be exported under a license from the applicable government authority and cannot be imported into a country other than the approved destination. Any diversion or reexport contrary to applicable export control laws and regulations is prohibited.

You will comply with all applicable laws in connection with your use of this website and the Data. OAI may, in its sole discretion, modify, edit, translate, suspend or restrict access to or terminate this website, the Data, these Terms of Use, or any link at any time without liability or prior notice. Framing of this website is strictly prohibited. OAI may, in its discretion, terminate your browsing and use of this website or the Data at any time without liability or prior notice for any reason, including for any breach of these Terms of Use. In the event you link this website to another website to which OAI objects, upon notice of such rejection from OAI , you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this website except to the first or top page (http:www.optrex.com), which is subject to change without notice. OAI charges no fee at this time for browsing or using this website or the Data, however, OAI reserves the right to impose or modify fees in connection with the browsing or use of this website or the Data at any time without liability or prior notice.

Please contact OAI or an authorized Optrex LCD product distributor for further details on these materials or the products contained herein.

Copyright And Trademark Notices

All contents, text, images, Data, information and other materials ("Content") displayed, or available or present on this website, including any trademarks or copyrights, are the property of OAI or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property right of OAI, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this website or the Data without the prior written consent of OAI.

This Data is for the User's personal use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Data.

Optrex and the oval logo are trademarks or registered trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners.

Following is a non-exhaustive list of trademarks owned by OAI. This list does not necessarily contain all trademarks owned by OAI, and does not necessarily contain trademarks of OAI's affiliated companies.

Liability Disclaimer

THE DATA MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OAI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS DATA AT ANY TIME WITHOUT NOTICE TO THE USER.

OAI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THIS DATA FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, AND PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OAI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL OAI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE DATA OR WITH THE DELAY OR INABILITY TO USE THE DATA, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS DATA, OR OTHERWISE ARISING OUT OF THE USE OF THIS DATA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OAI AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Information from Third Parties

This Data may contain information provided by third parties. OAI does not operate or control in any respect any information, products or services of such third-parties. Third party information is included solely for the convenience of Users, and does not constitute any endorsement by OAI.

Software

Any software that is made available is the copyrighted work of OAI and/or its suppliers. For any software not accompanied by a separate license agreement, the following shall constitute the software license agreement for User: OAI hereby grants to the User a personal, nontransferable license to use the Software for viewing and otherwise using this Data in accordance with these terms and conditions, and for no other purpose.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. OAI HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Modification Of These Terms And Conditions

OAI reserves the right to change this Agreement at any time by revising the terms and conditions herein.

General

OAI reserves the right to make any and all changes to this Data at its sole discretion without notice to the User.

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Data.

This Agreement is governed by the laws of the State of Michigan. User consents to the exclusive jurisdiction and venue of courts in Wayne County, Michigan in all disputes arising out of or relating to the use of this Data. Use of this Data is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and OAI as a result of this Agreement or use of this Data. User agrees not to hold himself or herself out as a representative, agent, or employee of OAI and OAI shall not be liable for any representation, act or omission of the User.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Any rights not expressly granted herein are reserved by OAI.

Optrex America, Inc. Warranty for Display Products

The following is a sample of a typical warranty offered by Optrex America, Inc. ("OAI") on its display products. This is a sample only. Your warranty rights and the obligations of OAI will be determined according to the agreement between you and OAI.

Life Support Policy

Products sold by Optrex America, Inc. ("OAI") shall not be used in medical devices that perform life support functions or in safety equipment, or similar applications where Product failure would result in loss of life or physical harm, without the express written approval of an officer of OAI.

Limited Warranty

Products sold by Optrex America, Inc. ("OAI") are warranted to conform to specifications at the time of delivery to Customer and to remain free from defects in workmanship and material for the period specified on the written limited warranty separately provided to Customer by OAI for the particular type of Product involved. Any Product or components thereof which, in OAI's judgment, fails to meet such warranty shall, at OAI's option, either be repaired or replaced by OAI at no charge to Customer or OAI shall issue a credit for any such Products in the amount of the original invoice price. OAI's obligation shall be limited solely to repair or replacement of the Products or components thereof or credit for the Products. Such obligation shall be conditioned upon receipt by OAI of notice of any alleged nonconformance to specifications within 30 days after delivery to Customer and of any alleged defect in material or workmanship within 30 days after discovery. Products which OAI consents or directs in writing to be returned shall be returned to OAI, freight prepaid, F.O.B. OAI's warehouse or other destination directed by OAI in accordance with OAI's standard return policies. The foregoing warranties shall not apply to Products that have been repaired other than with OAI's authorization and by OAI's approved procedures, that have been subjected to alteration, misuse, abuse, improper maintenance, negligence or accident, that have been damaged by excessive physical or electrical stress or that have had a serial number or any part thereof altered, defaced or removed. Except as required by laws of the state in which any Product is sold, this warranty does not extend and may not be passed through to any end user or purchaser to whom Customer sells the Product.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND OAI MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER TO CUSTOMER, ITS END-USERS OR ANY THIRD PARTIES WITH RESPECT TO THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL OAI BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PRODUCT FAILURE, IMPAIRMENT OF OTHER GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE.

Indemnification

You will defend, indemnify and hold harmless OAI and its affiliates, officers, directors, employees, and contactors from any demands, claims, damages, liabilities, expenses or harms, including attorneys' fees, arising in connection with the use of this website or the Data, any on-line conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from the use of this website or the Data.