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Webfeed Terms of Use
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 2008 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 1998-2008 Emerson. All Rights Reserved.

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