1. GENERAL SCOPE
The terms and conditions of use contained in this Website Usage Agreement (“Agreement”) apply to any visitor or user (“User”) of the EaglePicher website http://www.eaglepicher.com/ and any linked websites (collectively referred to as the “Site”) that EaglePicher, Inc. or its divisions, affiliates, and subsidiaries (collectively referred to as “EaglePicher” or “Company”) own and control, and to the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site (“Site Material”). By using the Site, User accepts the terms and conditions of this Agreement, which may be updated from time to time, and acknowledges receipt of the same.
The terms and conditions contained in this Agreement shall exclusively govern User’s use of the Site or any Site Material. EaglePicher hereby rejects any other terms and conditions that User may attempt to impose on the Company. If User does not agree with these terms and conditions, or any changes thereto, User must discontinue use of the Site immediately. The use of certain Site Material or the conduct of certain transactions on the Site may subject User to additional terms and conditions.
2. LIMITED LICENSE
EaglePicher hereby grants User a non-exclusive, non-transferable license to access, use, display, and print the Site Material solely for User’s personal, internal, non-commercial use (“Use”), except as may be otherwise provided. User shall retain all copyright, trademark, proprietary information statements, and other notices in any copy that User makes of any Site Material. User shall maintain such notices in the same form and the same manner as they appear on the Site Material or on the Site. User shall not otherwise reproduce, modify, distribute, transmit, post, or publish the Site or any Site Material for any public, commercial, or other use without EaglePicher’s prior written consent. In the event that User provides this Site or any Site Material to any other individual or entity, User shall first provide such other individual or entity with notice of this Agreement and obtain that individual’s or entity’s acceptance of the terms and conditions contained in this Agreement.
3. USER'S RISK
Use of the Site Material is done at User’s own risk. User shall be solely responsible for any damage to User’s network, software or computer system, or any loss of data, or other damage that results from the use of the Site or the Site Material.
4. USER RESTRICTIONS
While using the Site, User shall not transit, post, publish, distribute, or use: (a) any false, misleading, indecent, obscene, libelous, or defamatory material; (b) any form of solicitation, including but not limited to, advertising and promotional material; (c) any material that may infringe the rights of EaglePicher or any third party, including but not limited to intellectual property, proprietary, or privacy rights; (d) any computer virus, worm, Trojan horse, or any other harmful software; (e) any EaglePicher hardware or software accessible through the Site, except as the Company may otherwise authorize; or (f) any false, fraudulent, deceptive or misleading means in order to gain, or attempt to gain, unauthorized access to EaglePicher’s computers, software, data, accounts or databases.
5. THIRD PARTY MATERIAL
The Site may include Site Material owned and/or operated by entities other than EaglePicher, as well as links to websites that such entities own or operate (“Third Party Site Material”). EaglePicher’s inclusion of Third Party Site Material on the Site is done solely for convenience, and by doing so, EaglePicher neither endorses any third party, nor or any Third Party Site Material. In addition, EaglePicher’s use of any Third Party Site Material does not mean, and shall not be construed to mean, that the Company is affiliated with or sponsors any entity that owns or operates any Third Party Site Material.
User’s access to and use of any Third Party Site Material shall be at User’s own risk, and EaglePicher assumes no responsibility for the accuracy or reliability of any information included or found in any such Third Party Site Material. EaglePicher grants no rights or licenses to User in any Third Party Site Material. User agrees to defend and hold EaglePicher harmless from any liability that may result from User’s use of any Third Party Site Material.
6. EXTERNAL LINKS TO THE SITE
Any individual or entity wanting to link to EaglePicher’s Site must obtain EaglePicher’s prior written consent. However, EaglePicher consents to links in which: (a) the link is a text-only link containing only the name “EaglePicher, Inc.”; (b) the link connects only to the home page of the Site; (c) the link, when activated, displays the Site’s home page in a separate web page and not within a frame on the linked website; and (d) any aspect of the link does not create the false appearance that EaglePicher endorses, sponsors, or is affiliated or associated with the individual or entity providing the link; (e) do not damage, dilute, or infringe EaglePicher’s goodwill, reputation, or intellectual property rights. EaglePicher may revoke any consent to link at any time in its sole discretion.
7. INTELLECTUAL PROPERTY
This Site and the Site Materials contained therein contain EaglePicher intellectual property, and possibly, third party intellectual property. The Site and the Site Materials and are protected by United States and international copyright laws. Other laws and treaties may apply as well. User shall comply with all applicable laws and treaties.
Except as otherwise provided in this Agreement, EaglePicher grants no express or implied license or right to User under any patent, trademark, copyright, trade secret, or other intellectual property right of EaglePicher or of any third party.
“Eagle-Picher” and “EaglePicher” are trademarks of EaglePicher, Inc. Any trademarks, trade names, service marks, logos, domain names, URLs and other intellectual property displayed in the Site or provided in any Site Material are the respective property of EaglePicher or third parties, and EaglePicher grants no right to User to use any such intellectual property.
8. DISCLOSURE; FORWARD-LOOKING STATEMENTS
Some Site Material may include statements that relate to the Company’s future performance or projections, and can include, but are not limited to, statements regarding EaglePicher’s future financial performance, or EaglePicher’s future strategies or proposed business plans (or any other statement that comes within the meaning of the Private Securities Litigation Reform Act of 1995). User agrees that statements, which are not historical facts, including statements accompanied by words such as “anticipate,” “believe,” “expect,” “estimate,” “intend,” “project,” or “plan,” or variations of these words, and similar expressions, are “forward-looking statements.” User further agrees that such statements are only predictions about future events, that such statements are based on certain assumptions at the time the statement is made, that they are subject to a wide range of risks and uncertainties, and that actual events or results may differ materially from such predictions. User will place no reliance on any forward-looking statements on the Site. User may find in the Company’s filings with the Securities and Exchange Commission, information regarding factors that might cause actual results or events to differ from projections contained in any forward-looking statement. EaglePicher assumes no responsibility to provide updates to forward-looking statements after the date the statements are placed on the Site.
9. MODIFICATION AND ACCURACY OF INFORMATION
EaglePicher may periodically, in its sole discretion, modify and update the Site or any Site Material. However, EaglePicher may not necessarily update or modify this Site or any Site Material when errors or inaccuracies are discovered, or when new information becomes available. EaglePicher, therefore, assumes no responsibility for the accuracy or reliability of the Site or any Site Material. User understands that, because information may become stale or incomplete over time, User releases EaglePicher from any and all liability regarding such information.
