Tems of Use

Terms of Use

FTCA Websites Terms of Use

These Terms of Use ("Terms") apply to your access to the following subsites and their subsites of the Eclipse website (www.eclipse-web.com/us) at following URLs ("Websites").

Websites URL and Notes
Contact http://www.eclipse-web.com/us/support/contact/index.html
Product Registration http://www.eclipse-web.com/us/support/regi/index.html
This Terms of Use only applies to the subsites after you click "Registration" and "Questions on Registration", and this Terms of Use does not apply to other subsites linked to this Website.
FTCA Terms of Use http://www.eclipse-web.com/us//terms/index.html
FTCA Privacy Policy http://www.eclipse-web.com/us/privacy/index.html

Also, if you arrived at these Terms by clicking on the link "Terms of Use" on the lower navigation bar of a webpage that is linked to this Website, then these Terms apply.

By accessing, browsing and/or using this Websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. We may to add, delete, or revise the Terms or contents of this Websites at any time without notice, and such revisions shall become effective immediately upon the posting thereof. By using this Websites you agree to be bound by such revisions. Therefore you should periodically revisit the following page to determine the current Terms to which you are bound:
FTCA Terms of Use: http://www.eclipse-web.com/us/terms/index.html

I. Ownership of Rights and Limitation of Use of Contents
All content on this Websites is owned by Fujitsu Ten Corp. of America ("FTCA") or its licensors, including without limitation all copyrights, patents, trademarks, and other intellectual property rights related to that content. FTCA authorizes you to copy material published on the Websites for use in support of FTCA products only, on condition that your use of copied material retains all copyright and other proprietary notices in the same manner as on the original. No other use of contents is authorized and no licenses are granted. No contents on the Websites may be otherwise copied, modified, translated, distributed, published, or used without the prior permission of the owner of the contents. All contents on the Websites are protected by copyright.
II. Disclaimers of Warranties
THE CONTENTS ON THE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Reasonable efforts will be used to upload accurate and up-to-date information, but otherwise there is no warranty that the contents of the Websites are error-free, accurate, complete, or timely. Product specifications are estimated using specific systems, components, and procedures.Differences in design, configuration, and conditions may affect how products actually perform.
IV. Limitation of Liability
FTCA IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE OR THE SUBSITES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
V. Transmitted Materials
FTCA does not want to receive confidential or proprietary information from you through the Websites. Any materials, information, or ideas that you transmit to the Websites ("Transmitted Material") is deemed non-confidential and non-proprietary and the FTCA has no obligations to you in connection with the Transmitted Material. FTCA may use the Transmitted Material for any purpose whatsoever, including without limitation, for developing, manufacturing and marketing products and services. Notwithstanding the foregoing, all personal information provided to this Websites will be handled in accordance with the applicable privacy policy ? before providing personal information, be sure to check the applicable privacy policy!
VI. Other Prohibited Uses.
You are prohibited from using this Websites for any purpose that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, misleading, tortious, profane, infringing, damaging or in any manner that could give rise to any civil or criminal liability under the law.
VII. Linking to the Website
Permission is granted to link to the Websites if you comply with the following linking policy: your site must not libel or damage FTCA or its brands including Eclipse; contain inappropriate content; or engage in conduct that in our sole discretion constitutes a prohibited use under these Terms. Further, you may not create a frame around FTCA content or create any impression by any other method that the content does not belong to FTCA; and you must use the name of the content owner and of FTCA and its affiliates correctly. This permission terminates automatically if you breach any terms or conditions of these Terms, and upon termination, you must remove any link. Your link should be placed as follows:<a href=" http://eclipse-web.com/regi/index.html"> You may place links to other pages on the Websites, but other pages may have unique terms of use that you must also comply with.
VIII. Downloads
Download of programs and data files, including without limitation drivers, .exe files, zip files, .pdf files, and documentation, is only permitted on the condition that you agree with the Licensor's applicable terms of use, you will use the downloaded program or file strictly in support of FTCA products as authorized by the appropriate FTCA, and you may not export or re-export programs or files without appropriate US and foreign government licenses.
IX. Applicable Laws
The Websites are controlled by FTCA, and the server is controlled by FTCA's affiliated company in Japan.The materials on the Websites may not be appropriate or available for use outside the United States of America. You are responsible for compliance with local laws. Access from jurisdictions where the content is illegal is prohibited. Any claim relating to theWebsites, their use, and their content is governed by controlling Federal laws and the laws of the State of California without regard to choice of law rules.
X. Indemnity
You shall defend, indemnify, and hold harmless FTCA and its affiliates and their officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, and hold them harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your misuse of the Websitess or Subsites, your violation of the Terms, or your violation of any rights of another.
XI. Arbitration
You and we agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and FTCA and its affiliates, its agents, employees, or directors arising in relation to this Agreement and the products and services purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator in Los Angeles County, California. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys' fees, if any, provided that we will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allows for the prevailing party to receive an award of attorneys' fees, the arbitrator may award reasonable fees to the prevailing party.
XII. Severability
If any provision(s) of these Terms are held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
XIII. Privacy
We handle personal data that you provide in accordance with our privacy policy located at the following http://www.eclipse-web.com/us/privacy/index.html. Clicking on the "privacy" link on the lower navigation bar of the specific webpage where you provide personal data will also direct you to the privacy policy.
XIV. Other Applicable Terms of Use and E-commerce
The Terms apply to your use of this site unless you have executed a separate agreement with FTCA governing such site use.

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