| OTHER TERMS OF USE
The terms and conditions provided herein are in addition
to, and elaborations of, the terms of use previously presently.
For clarity, the previously presented terms of use are
reproduced so as to be available in a single document for
your convenience. By subscribing to the Webfeed, you agree
to all these Terms of Use.
PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT
CAREFULLY BEFORE USING THE RSS (REALLY SIMPLE SYNDICATION)
WEBFEED. By subscribing to the DeltaV news webfeed and
any other Emerson information provided by webfeed (collectively,
the “Webfeed”), you agree to the following
Terms of Use (the Terms of Use and the Other Terms of Use
are collectively referred to as the “Terms”).
If you do not agree, you may not subscribe to the Webfeed.
Terms of Use:
You agree not to hold the Emerson Electric Co. or
any of its subsidiaries and affiliates (collectively, “Emerson”)
responsible for any content provided by any third-party
service.
Emerson retains any ownership and other rights in
the Webfeed. The Webfeed is Copyright 2009 Emerson. All
rights reserved.
You shall attribute any proper use of the Webfeed.
Emerson
reserves the right to suspend or terminate this service
at any time.
The Webfeeds of this Webfeed are presented
for promotional purposes only, and while every effort
has been made to ensure their accuracy, they are not
to be construed as warranties or guarantees, express
or implied, regarding the products or services described
herein or their use, availability or applicability. Other Terms of Use:
The Webfeed and its Use
The Emerson Webfeed is owned and provided by Emerson Electric
from its offices in St. Louis, Missouri. The Webfeed of
Emerson Electric's subsidiaries and affiliated companies
are each owned and provided by such subsidiaries and companies.
Each Webfeed is provided for your personal information
and non-commercial use. Please feel free to subscribe to
the Webfeed; however, your access to and use of the Webfeed
is subject to these Terms and all applicable laws.
You shall use the Webfeed for lawful purposes only.
You shall not post or transmit to or through the Webfeed
any information or material which violates or infringes,
in any way, the rights of others, or which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, pornographic, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit to or through
the Webfeed any information or material which encourages
conduct that would constitute a criminal offense, give rise
to liability or otherwise violate any law or administrative
ruling or guidelines, is in violation of these Terms, or
which, without Emerson's prior written approval, contain
advertising or any solicitation with respect to products
or services. Also, you shall not upload, post, email, transmit
or otherwise make available to or through the Webfeed any "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitations. Further,
you shall not you shall not upload, post, email, transmit
or otherwise make available to or through the Webfeed any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment. In addition, you shall not
interfere with or disrupt the services, servers or networks
connected to the Webfeed or the Emerson website(s). Any action
or conduct by you that, in Emerson's sole opinion and discretion
is unwelcome or unwanted will not be permitted and Emerson
may take any action to correct such action or conduct as
selected in Emerson’s sole discretion.
The Webfeed
contains information and materials, including but not limited
to, text, software, photos, video, graphics and audio, (collectively "Materials")
which are derived in whole or in part from information and
materials supplied by Emerson and other sources, and are
protected by international copyright, trademark and other
laws and the entire content of the Webfeed is copyrighted
as a collective work under the United States Copyright Laws.
Emerson owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the
rights in, or license to use, the individual components of
such content. Materials may not be copied, reproduced, republished,
modified, uploaded, posted, transmitted or distributed in
any way or decompiled, reverse engineered or disassembled,
including but not limited to the text, images, audio and/or
video, as well as any software (including but not limited
to any images or files incorporated in or generated by the
software or data accompanying such software), except that
you may download one copy of the Materials on any single
computer for your personal, non-commercial use only, provided
you keep intact all copyright, trademark and other proprietary
notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in
the Materials and by your use of the Webfeed, you acknowledge
that you do not acquire any license, ownership or other rights
to the Materials. Modification of the Materials or use of
the Materials for any other purpose is a violation of Emerson's
or such other sources' copyright, trademark and other proprietary
rights and may violate other laws. The use of any such Materials
on any other Web Webfeed or networked computer or environment
is prohibited without Emerson's express written consent.
If you breach any of these Terms, your authorization to use
the Webfeed automatically terminates and you must immediately
destroy any downloaded or printed Materials.
You acknowledge that Emerson may or may not pre-screen
content provided by you or others to or through the Webfeed
(“Content”), but that Emerson shall have the
right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content. Without limiting
the foregoing, Emerson shall have the right to remove any
Content that violates these Terms or is otherwise objectionable,
as determined in Emerson’s sole discretion. You agree
that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
Disclaimer
THE WEBFEED AND MATERIALS AND RELATED COMMUNICATIONS
ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT,
OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT
BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. EMERSON
ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF
THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY
OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE WEBFEED. YOU ACKNOWLEDGE
BY THE USE OF THE WEBFEED THAT ANY RELIANCE ON ANY
SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL
BE AT YOUR SOLE RISK.
EMERSON ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THE WEBFEED (INCLUDING ANY BULLETIN BOARD AND CHAT
ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE
WEBFEED
Third-Party Webfeeds
Emerson may provide as a convenience to you, links
to websites operated by other entities and persons,
but makes no representations whatsoever about any
other website which you may access through this one.
Any link to a non-Emerson website does not mean that
Emerson endorses or accepts any responsibility for
the content, or the use of such website. If you use
these websites, you do so at your own risk. Emerson
makes no warranty or representation regarding, and
does not sponsor or endorse, any linked websites
or the information or materials appearing thereon
or any of products and services described thereon.
Furthermore, links do not imply that Emerson is affiliated
or associated with, or that any linked website is
authorized to use any trademark, trade name, logo,
or copyright of Emerson.
Third Party Content
Any opinions, statements, services, offers or other
information or content expressed or made available
in the Webfeed by any third party are those of the
respective author(s) or distributor(s) and not of
Emerson.
Limitation of Liability
Your use of and subscription to the Webfeed is at your
risk. If you are dissatisfied with any of the Materials
contained in the Webfeed, or with any of these Terms,
your sole and exclusive remedy is to discontinue
accessing and using the Webfeed.
UNDER NO CIRCUMSTANCES WILL EMERSON,
ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT,
OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
WEBFEED BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF
ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS,
AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS
TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE
WEBFEED, ANY WEB WEBFEEDS LINKED TO THE WEBFEED, OR ANY
MATERIALS CONTAINED AT ANY OR ALL SUCH WEBFEEDS (INCLUDING
BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM
A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO
OTHER WEBSITES OR WEBFEEDS ; INTERRUPTION; DELETION;
DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER
VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM),
WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT EMERSON WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
EMERSON SHALL HAVE NO LIABLITY
OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT
OF ANY USER OR OTHER THIRD PARTY.
Emerson's obligations and
responsibilities regarding its products and services
are governed solely by Emerson's terms and conditions
of sale or license under which such products and services
are sold or licensed. Copies of such terms and conditions
are available from the applicable Emerson entity.
Safe Harbor
The Materials at the Webfeed may contain various forward-looking
statements and which may be based on or include assumptions,
concerning Emerson's operations, future results and prospects.
These forward-looking statements are based on current
expectations and are subject to risk and uncertainties.
In connection with the "safe harbor" provisions
of the United States' Private Securities Litigation
Reform Act of 1995, Emerson provides the following
cautionary statement identifying important economic,
political and technology factors which, among others,
could cause the actual results or events to differ
materially from those set forth or implied by the forward-looking
statements and related assumptions.
Such factors include the following: (1) changes in
the current and future business environment, including
interest rates and capital and consumer spending; (2)
competitive factors and competitor responses to Emerson's
initiatives; (3) successful development and market introductions
of anticipated products; (4) changes in government laws
and regulations, including taxes; (5) unstable governments
and business conditions in emerging economies; (6) continuation
of the favorable environment to make acquisitions, domestic
and foreign, including regulatory requirements and market
values of candidates.
Information Provided By You
It has been and remains Emerson's policy not to accept
or consider ideas, suggestions or materials other than
those that Emerson has specifically requested from
you. Accordingly, Emerson does not want you to, and
you should not, send any confidential or proprietary
information to Emerson through the Webfeed unless
specifically requested by Emerson. Please note that
any unsolicited information or material sent to Emerson
will be deemed not to be confidential or proprietary.
By submitting information and material to the Webfeed,
you automatically grant to Emerson (or warrant that
the owner of such information and material has expressly
granted to Emerson) a royalty-free, perpetual, irrevocable,
unrestricted, right and license to use, reproduce,
display, perform, modify, adapt, publish, translate,
transmit and distribute, or otherwise make available
to other such information and material (in whole
or in part and for any purpose) worldwide and/or
to incorporate it in other works in any form, media,
or technology now known or hereafter developed. You
also agree that Emerson is free to use any ideas,
concepts, know-how, or techniques that you send Emerson
for any purpose.
As further provided above, Emerson
does not want to receive, and you are deemed to covenant
and agree through the use of the Webfeed not to provide,
any information or materials to Emerson that are
defamatory, threatening, obscene, harassing, in violation
of any law, governmental requirements or otherwise unlawful,
or that incorporate the proprietary information or
materials of another person or entity.
You shall not upload, post
or otherwise make available to or through the Webfeed
any information and material protected by copyright,
trademark or other proprietary right without the express
written permission of the owner of such right(s). You
shall be solely liable for any damages resulting from
any infringement of copyright, proprietary rights, or
any other harm resulting from such a submission.
Indemnity
You agree to indemnify and hold Emerson and
its officers, agents, contractors and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available
to or through the Webfeed, your use of the Webfeed, your
connection to the Webfeed, your violation of the Terms,
or your violation of other laws.
Changes
Emerson reserves the right, in its sole discretion,
to revise these Terms at any time and correct any
errors or omissions in any portion of the Webfeed
and Materials. Materials may also be changed, modified,
added, or removed and updated without notice at any
time; however, Emerson is under no obligation to
update Materials. Emerson may also make changes in
the products, services, programs, or prices (if any)
described in the Webfeed at any time without notice.
Your continued use of the Webfeed after any change
Emerson makes to the Webfeed will be considered acceptance
of those changes. You should revisit these Terms
from time to time to review the then-current Terms
because they are binding on you.
Linking to Webfeed
Anyone linking to Emerson's Webfeed must comply with
Emerson's guidelines for linking to Emerson's website
and all applicable laws. You may not embed the Webfeed
in your website without Emerson’s prior permission.
International Users
The Webfeed is administered by Emerson from its offices
in the United States. Materials published at the
Webfeed may refer to products, programs, or services
that are not available in your country. Consult your
local Emerson business contact in this regard. Furthermore,
Emerson makes no representation that the Materials
at the Webfeed are appropriate or available for use
at other locations outside of the United States and
access to them from territories where their contents
are illegal is prohibited. You may not use the Webfeed
or export information and materials in violation
of the export laws of the United States or any other
country. If you access the Webfeed from a location
outside of the United States, you are responsible
for compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of the State
of Missouri, without giving effect to any principles
of conflicts of law. If any provision of this Agreement and
Terms shall be unlawful, void, or for any reason
unenforceable then that provision shall be severable
from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
These Terms constitute the entire agreement between
Emerson and you with respect to your use of the Webfeed.
Any cause of action you may have with respect to your
use of the Webfeed must be commenced within six (6) months
after the claim or cause of action arises.
Changes
Emerson may change these Terms from time-to-time
without notice to you and you are solely responsible
for checking for such changes to the Terms.
Privacy:
Overview
Emerson is aware of the
need to address Internet privacy issues and we believe you
should be aware of how we intend to treat any information
about you that we might receive on the Internet as a result
of your visit to the Webfeed.
Information About Emerson On-Line Visitors
You can visit Emerson on Emerson’s website(s)
without telling us who you are or revealing any
information about yourself. Our web servers collect the
domain names, not the e-mail addresses, of visitors.
In general, we may gather information about users of
the Webfeed collectively in order to determine, for example,
which areas users access more frequently and which Materials
users access the most. This information helps us
to determine what is most beneficial for our users, and
how we can continually create a better overall
experience for our users by improving the content of
the Webfeed.
There are times however, when
we may need information from you, such as your name
and address. Customarily, the personal information Emerson
obtains is used only to respond to inquiries, to process
orders, product registration or to allow the user to
access specific account information. We may also ask
you to voluntarily provide us with information for market
research such as, your interests, demographics, and experience
with our products. Occasionally, we may make the e-mail
addresses of those who provide information available
to other reputable organizations whose products or services
we think you may find interesting.
Cookies
There is a technology called "cookies" which
is an element of data that a website can send to
your browser which may then store on your system. Some
websites pages use cookies so that we can better serve
you when you return to our website. You can set your
browser to notify you when you receive a cookie, giving
the chance to decide whether to accept it.
Website Links
Emerson's Webfeed and website may contain links to
other websites and Webfeeds such as Emerson distributors
and sales representatives. While Emerson tries to link only
to websites and Webfeeds that share its high standards
and respect for privacy, Emerson cannot take responsibility
for the content or the privacy practices employed
by other websites and Webfeeds.
Changes
If at anytime Emerson changes its privacy commitment,
Emerson will post those changes here so that you
will know what information Emerson gathers and how
Emerson might use that information. See also the complete Fisher-Rosemount Systems
Privacy Policy
© Copyright 1998-2009 Emerson. All Rights Reserved.
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