
By accessing www.PLCCodeGenerator.com, you agree go be bound by the terms and conditions
of this Agreement. If you do not wish to be bound by this Agreement, you may
not access or use www.PLCCodeGenerator.com
Agreement Between The PLC Code Generator (Emjen Engineering
Inc.) And User
1. Restrictions on Use.
The PLCCodeGenerator Web Site is offered to you conditioned upon your acceptance
without modification of all terms, conditions, and notices contained herein (the
"Agreement"). Your use of www.PLCCodeGenerator.com and any software applications
that are downloadable via www.PLCCodeGenerator.com constitutes your agreement to
all such terms, conditions and notices as set forth below and in this Agreement.
2. Modification of Terms of Use.
Emjen Engineering Inc. reserves the right to alter the terms, conditions, and notices
under which the PLC Code Generator web site or any software downloadable via the
PLC Code Generator web site is offered at any time without prior notice, including
but not limited to any changes related to the use of the PLC Code Generator web
site or any software downloadable via the PLC Code Generator web site. You
are responsible for regularly reviewing these terms and conditions.
3. Personal and Non-commercial Use Limitation.
Unless otherwise specified, this website and all information contained therein are
for your personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer or sell any information, documentation, software, products or services
obtained from this website. You may download information and documentation
for your personal, non-commercial use only, provided that you keep intact all copyright,
trademark and proprietary notices.
4. DISCLAIMER.
THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATION, PRODUCTS AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE PLC CODE GENERATOR WEBSITE MAY INCLUDE INACCURACIES
AND TYPOGRAPHICAL ERRORS. CHANGES OR ADDITIONS ARE MADE PERIODICALLY TO THE
INFORMATION HEREIN. EMJEN ENGINEERING INC. DOES NOT WARRANT AND ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY
OF ANY ADVICE, OPINION, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS,
OPINIOIN, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION OF ANY KIND SHALL BE AT
YOUR SOLE RISK. EMJEN ENGINEERING INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION,
TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EMJEN ENGINEERING
INC. MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE
ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EMJEN ENGINEERING INC.
PROVIDES NO ASSURANCES THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF
THE INFORMATION PROVIDED ON THE SITE. BY FURNISHING INFORMATION, EMJEN ENGINEERING
INC. DOES NOT GRANT ANY LICENSES TO ANY COPYRIGHTS, TRADEMARKS, PATENTS OR ANY OTHER
INTELLECTUAL PROPERTY RIGHTS. EMJEN ENGINEERING INC.'S OBLIGATIONS WITH RESPECT
TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY
ARE PROVIDED. IN NO EVENT SHALL EMJEN ENGINEERING INC. BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION BUSINESS INTERRUPTION, ANY LOST PROFITS, OR LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR FOR
THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE WEBSITE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE EVEN IF EMJEN ENGINEERING INC. IS EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE PLC CODE GENERATOR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
5. Links to Third Party Sites.
The PLC Code Generator website may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Emjen Engineering Inc. and Emjen Engineering
Inc. is not responsible for the contents of any Linked Site, or without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Emjen Engineering Inc. is not responsible for webcasting or any other form of transmission
received from any Linked Site. Emjen Engineering Inc. is providing these links
to you only as a convenience, and the inclusion of any link does not indicate an
endorsement by Emjen Engineering Inc. of the site or any association with its operators.
6. No Unlawful or Prohibited Use.
As a condition of your use of the PLC Code Generator website you warrant to Emjen
Engineering Inc. that you will not use the PLC Code Generator website for any purpose
that is unlawful or prohibited by these terms, conditions and notices. You
may not use the PLC Code Generator website in any manner that could damage, disable,
overburden, or impair the website or interfere with any other party's use and enjoyment
of the website. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the PLC
Code Generator website.
7. Termination/Access Restriction.
Emjen Engineering Inc. reserves the right, in its sole discretion, to terminate
your access to the PLC Code Generator website, the related services or any portion
thereof at any time, without notice.
8. Copyright, Patent and Trademark Notices.
All contents of the PLC Code Generator website are owned and copyrighted by Emjen
Engineering Inc., 785 Wonderland Road South, Suite 29037, London, Ontario N6K 4L9,
Canada. All rights reserved. Material found on the PLC Code Generator
website contains the valuable properties and trade secrets of Emjen Engineering
Inc., embodying substantial creative efforts and confidential information, ideas,
and expressions, no part of which may be reproduced or transmitted in any form or
by any means, or retained in any storage or retrieval without the express written
permission of Emjen Engineering Inc..
Without limitation, the following are trademarks of Emjen Engineering Inc.: The
PLC Code Generator. All other trademarks referenced herein are the property
of their respective owners. Any rights not expressly granted herein are reserved.
9. User representations.
You represent and warrant that you are at least 18 years of age and that you possess
the legal ability to enter into this Agreement and to use the PLC Code Generator
website in accordance with the terms and conditions of this Agreement. You
agree to be financially responsible for your use of the PLC Code Generator website
and for the use of any account by others, including minors living with you and to
comply with your responsibilities and obligations as stated in this Agreement.
If you have agreed to allow your minor child, or a person for whom you are the legal
guardian (a "Minor") to use or register as a member of the PLC Code Generator website
services, you agree that you shall be solely responsible for: (a) the on-line conduct
of such Minor, (b) the monitoring of such Minor's access to and use of the PLC Code
Generator website; and (c) the consequences of such use by such Minor.
10. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER EMJEN ENGINEERING INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES
OR INFORMATION PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY
THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE PLC CODE GENERATOR
WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST
EMJEN ENGINEERING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR
USE OF THE PLC CODE GENERATOR WEBSITE. NOTWITHSTANDING THE FOREGOING PARAGRAPH,
THE TOTAL LIABILITY OF EMJEN ENGINEERING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS AND SUPPLIERS IF ANY, FOR LOSSES OR DAMAGES SHALL
NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
11. General.
The laws of the Province of Ontario, Canada govern this Agreement. You hereby
consent to the exclusive jurisdiction and venue of the courts of London and/or Middlesex
Count, Ontario in all disputes arising from or relating to the use of the PLC Code
Generator website or any software downloadable via the PLC Code Generator website.
Use of the PLC Code Generator website or any software downloadable via the
PLC Code Generator website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including the limitations
in this paragraph. Any cause of action you may have with respect to Emjen
Engineering Inc. must be commenced within one year after the claim or cause or action
arises. Emjen Engineering Inc.'s failure to enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of that provision
or right. Neither the course of conduct between the parties nor any trade
practice shall alter any provision of this Agreement. Emjen Engineering Inc.
may assign its rights and duties under this Agreement to any party at any time without
notice to you. You agree that no joint venture, partnership, employment or
agency relationship exists between you and Emjen Engineering Inc. as a result of
this Agreement or use of the PLC Code Generator website or of any software downloadable
via The PLC Code Generator website. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimer and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superceded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of this Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire agreement between Emjen Engineering
Inc. and the user with respect to the PLC Code Generator website. A printed
version of this Agreement and of any notice given in electronic form shall be admissible
in judicial or arbitration proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained.
12. Notice.
Emjen Engineering Inc. may deliver notice to you under this Agreement by means of
electronic mail, a general notice via the PLC Code Generator website, or by written
communication delivered by first class mail to your address on record in Emjen Engineering
Inc.'s account information.
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