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WEB SITE TERMS AND CONDITIONS OF USE

Thank you for visiting www.metalinfo.com. We provide the following information to inform you about the Terms and Conditions under which you may use EAGLE INTERNATIONAL SOFTWARE 's Web Site (www.metalinfo.com) (the "Site").

Please read this information carefully. If you do not accept the Terms and Conditions stated here, do not use the Site. By using, accessing and or browsing the Site, you agree to these Terms and Conditions of Use. Eagle International Software may revise these Terms and Conditions at any time by updating this posting.

1. INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS

Material accessible through EAGLE INTERNATIONAL SOFTWARE' Site may be subject to protection under privacy, publicity, or other personal and intellectual property rights including but not limited to, copyrights, patents, trademarks, trade secrets and other proprietary rights. Users shall not use EAGLE INTERNATIONAL SOFTWARE Site in any manner that would infringe, violate, dilute or misappropriate any such rights. Any use of a domain name in connection with EAGLE INTERNATIONAL SOFTWARE ' Site must not use that domain name in violation of the copyright, trademark or other rights of EAGLE INTERNATIONAL SOFTWARE or any Third Party or the laws of the United States or any other country.

Copyright Notice

All content included on this site, such as, but not limited to, text, graphics, logos, button icons, images, photographs, videos, audio clips, software and other content (“Material”) is the property of EAGLE INTERNATIONAL SOFTWARE or its business partners, licensors, associated vendors or content suppliers. Without exception, even when not specifically so indicated with a copyright symbol or other notice, U.S. and international copyright laws protect the Material. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication, display, performance, or commercial use of the Material on this Site without express prior written permission is strictly prohibited.

Trademarks, Names and Logos

TRADEMARK A™, TRADEMAKR B™, TRADEMAKR C™, Webstructure™, the design, design and other graphics, logos and identifying words are trademarks of Eagle International Software. These trademarks may not be used by anyone without the prior express written agreement of EAGLE INTERNATIONAL SOFTWARE. Other product and company names, graphics and logos may be trademarks or registered trademarks of their respective owners and are used by permission. Permission for use of trademarks of other owners requires prior permission of those organizations.These trademarks, names and logos may not be used in any manner so as to cause confusion among consumers or used in any manner that disparages or discredits EAGLE INTERNATIONAL SOFTWARE or other owners or is otherwise inconsistent with this Policy.

2. LIMITATION OF LIABILITY

EAGLE INTERNATIONAL SOFTWARE makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from use of the Site and the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and/or the Material and may be made at any time.

EAGLE INTERNATIONAL SOFTWARE DOES NOT WARRANT THAT THE SITE, SERVICES, SOFTWARE OR EQUIPMENT WILL OPERATE ERROR-FREE OR MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, VIRUS FREE, SECURE OR TIMELY. YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR DATA, EAGLE INTERNATIONAL SOFTWARE IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EAGLE INTERNATIONAL SOFTWARE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. EAGLE INTERNATIONAL SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

3. DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL EAGLE INTERNATIONAL SOFTWARE , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, SAVINGS OR OTHER ECONOMIC LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELENISUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME OF THE ABOVE MAY NOT BE APPLICABLE TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE.

EAGLE INTERNATIONAL SOFTWARE DOES NOT GUARANTEE THE SECURITY OF ANY OF USER’S DATA OR SYSTEM AT ANY TIME OR FOR ANY PURPOSES, NOR WILL EAGLE INTERNATIONAL SOFTWARE BE LIABLE FOR ANY LOSS FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS. USER UNDERSTANDS AND ACKNOWLEDGES THAT COMPUTER NETWORKS ARE INHERENTLY INSECURE AND SUBJECT TO ATTEMPTS AT UNAUTHORIZED ENTRY OR BEHAVIOR AND THAT USER HAS A RESPONSIBILITY TO ACTIVELY MONITOR THE FUNCTIONS OF ITS SYSTEMS AND TO BACK UP ITS DATA REGULARLY.

EAGLE INTERNATIONAL SOFTWARE DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM EAGLE INTERNATIONAL SOFTWARE NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USERS CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH EAGLE INTERNATIONAL SOFTWARE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, EAGLE INTERNATIONAL SOFTWARE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, EAGLE INTERNATIONAL SOFTWARE DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

4. USER SUBMISSIONS

Except as stated in our Privacy Policy, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Site, you automatically grant EAGLE INTERNATIONAL SOFTWARE a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You agree that you will not: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; violate any local, state, national or international law or treaty; harm or interfere with in any way the Site, networks or services connected to the Site; use the Site for any illegal purpose or activity, in violation of any laws or rules.

You further agree that you will not use the Site to store, gather or collect information about other users of the Site; disseminate, transmit or post unauthorized messages, email messages, spam or advertising materials to others that have not authorized receipt of such information. User will not engage in conduct in connection with: email or Usenet news that is an obvious nuisance or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy); engage in any activities or actions that would violate the personal privacy rights of others including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; send post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto; intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; engage in any activities or actions intended to withhold or cloak customer’s or User's identity or contact information; engage in any attempt to breach authentication or security measures or any unauthorized attempt to gain access to any other account, host or network; assist or permit any persons in engaging in any of the activities described above. Complaints regarding email or other Site abuse may be sent to info@metalinfo.com

EAGLE INTERNATIONAL SOFTWARE does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. EAGLE INTERNATIONAL SOFTWARE does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, EAGLE INTERNATIONAL SOFTWARE may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. EAGLE INTERNATIONAL SOFTWARE has no liability or responsibility to Users for performance or nonperformance of such activities. EAGLE INTERNATIONAL SOFTWARE reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

5. LINKS TO OTHER SITES

The Site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by EAGLE INTERNATIONAL SOFTWARE of the contents on such third-party Web sites. EAGLE INTERNATIONAL SOFTWARE is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you agree that you do so at your own risk.

6. SOFTWARE LICENSES

All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. No unauthorized use of the software is permitted without the express written consent of EAGLE INTERNATIONAL SOFTWARE. The use of such software is further governed by the terms of the software license agreement(s) provided to registered customers ("License Agreement").

7. INDEMNITY

You agree to save, defend, indemnify, and hold harmless EAGLE INTERNATIONAL SOFTWARE, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or Material or your reach of the terms of this Agreement. EAGLE INTERNATIONAL SOFTWARE shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding using attorneys reasonably acceptable to EAGLE INTERNATIONAL SOFTWARE.

8. EXPORT CONTROL

The United States controls the export of certain products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

9. APPLICABLE LAW/GENERAL

EAGLE INTERNATIONAL SOFTWARE makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles.

You agree to submit to the personal and exclusive jurisdiction of the United States District Court for the Northern District of Illinois and/or the Circuit Court of Cook County Illinois. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Site pages, this Agreement constitutes the entire Agreement between you and EAGLE INTERNATIONAL SOFTWARE with respect to the use of the Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of EAGLE INTERNATIONAL SOFTWARE.


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