PROS Parts
Terms and Conditions of Use
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Please read these terms and conditions (the
“Terms”) carefully before using the PROS Web Site ("Site"). By
using the Site you signify your consent to these Terms. If you do not agree to
the Terms please do not use the Site. The Terms addresses your legal rights and
obligations and includes important disclaimers and choice of law and forum
provisions. Please read carefully. The Terms apply to all web sites of PROS.
Ownership of the Site
The Site is owned and operated by PROS Division of DTS, Inc. (hereinafter
referred to as PROS), a corporation incorporated under the laws of Minnesota,
having its principle office in Minneapolis.
Use License
Please feel free to browse the Site. PROS grants you permission to view this
Site and to print or download material displayed on the Site for your own
personal, non-commercial use, provided that you agree to and accept without
modification the notices, terms and conditions set forth in this agreement and
provided that you keep intact all copyright, trademark and other proprietary
notices. You may not however copy, reproduce, republish, upload, transmit or
distribute in any way the contents of this Site, including the text, images,
audio and video for public or commercial purposes, without written permission
from PROS. You are also prohibited from using any content of this Site in a
frame on any other internet site in any way.
Your use of this Site constitutes your agreement and acceptance without
modification of the notices, terms and conditions set forth herein. In addition
as a condition of your use of this Site, you represent and warrant to PROS that
you will not use this Site for any purpose that is unlawful, immoral or
prohibited by these terms, conditions and notices.
User Submissions
Any communication or material that you transmit to the Site by e-mail or
otherwise is, and will be treated as non-confidential and non-proprietary
information. Anything you transmit or post may be used by PROS for any purpose.
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libellous, defamatory, obscene, pornographic, or other
material that may violate any law.
Links to and from other materials
PROS may provide hyperlinks to third party sites. The linked sites are not under
the control of PROS and in no way is PROS responsible for the content of any
such linked site or for the content of any site linked to such linked site. PROS
does not endorse companies or products to which it may provide hyperlinks and PROS
reserves the right to note as such on its Site. PROS reserves the unilateral
right to terminate any link or linking program at any time. If you decide to
access any of the third party sites linked to this Site, you do so at your own
risk. Third parties may only provide hyperlinks to the PROS main homepage. Any
links to underlying sites require a prior written approval from PROS.
Content
PROS takes great care in creating and maintaining this Site, and in providing
accurate and up-to-date content such as, but not limited to, price quotations
and product descriptions. However, the content of this Site is subject to
frequent modifications without prior notice. Therefore, PROS does not guarantee
the correct and actual status of said content.
The visitors to the Site accept PROS' exoneration of any liability whatsoever
for the content of the Site, the software on the Site or for any use made of it.
Intellectual Property
The texts, layouts, drawings, databases and other items on this Site, as well as
the Site itself, are protected by copyright and by the right of the producer of
the database. Some of the names, signs and logos on this Site are protected
trademarks or trade names.
Nothing contained on the Site should be construed as granting any license or
right to use any trademark, displayed on the Site without the written permission
from PROS or such third party that may own the trademarks displayed on the Site.
Any copy, adaptation, translation, arrangement, modification, or any use
whatsoever of the whole or of any part of this Site of its protected elements,
in any form and by any means, is strictly prohibited.
Liability
Your use of and browsing in this Site is at your own risk. PROS does not warrant
that the software used for this Site, and the information, the on-line
applications, or any other services provided by means of this Site are
error-free, or that their use will be uninterrupted. PROS expressly disclaims
all warranties related to the above-mentioned subject matter, including, without
limitation, those of accuracy, condition, merchantability and fitness for
particular purpose.
Notwithstanding anything to the contrary in this Site, in no event shall PROS be
liable for any loss of profits, revenues, indirect, special, incidental,
consequential, or other similar damages arising out of or in connection with
this Site or out of the use of any of the services proposed by means of this
Site.
DISCLAIMER
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PROS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS, EVEN IF PROS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Because some jurisdictions prohibit the exclusion or limitation of liability for
consequential and or incidental damages, the above limitation may not apply to
you. Furthermore, PROS does not warrant the accuracy or completeness of
information of links or other items contained within these materials that have
been provided by third parties.
Product Orders
While PROS will use its best efforts to fulfill all orders, PROS cannot
guarantee the availability of any particular product displayed on this Site. PROS
reserves the right to discontinue the sale of any product listed on this Site at
any time without notice.
Updates
PROS reserves the unilateral right to update, modify, change and alter its Terms
at any time. All such updates, modifications, changes and alterations are
binding on all users and browsers of the PROS Site and will be posted here.
Software Licenses
You shall have no rights to the proprietary software and related documentation,
or any enhancements or modifications thereto, which may be provided to you in
order to access specified areas within the Site. You may not sublicense, assign
or transfer any licenses granted by PROS, and any attempt at such sublicense,
assignment or transfer shall be null and void. You may not otherwise copy,
distribute, modify, reverse engineer, or create derivative works from such
software.
Choice of Law and Forum Provisions
This Site resides on a server in Minneapolis, Minnesota. You agree that these
Terms and your use of this Site are governed by the laws of Minnesota.
You hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals, agencies and other dispute resolution organizations in Minnesota in
all disputes (a) arising out of, relating to, or concerning this Site and/or
these Terms, (b) in which this Site and/or these Terms is an issue or a material
fact, or (c) in which this Site and/or these Terms is referenced in a paper
filed in a court, tribunal, agency or other dispute resolution organization. PROS
has endeavored to comply with all legal requirements known to it in creating and
maintaining this Site, but makes no representation that materials on this Site
are appropriate or available for use in any particular jurisdiction. You are
responsible for compliance with applicable laws. Any use in contravention of
this provision or any provision of these Terms is at your own risk and, if any
part of these Terms is invalid or unenforceable under applicable law, the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms shall govern such use.
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