Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING BROOKHAVENTECH.COM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN, PLEASE DO NOT USE THIS WEB SITE.

Brookhaven Technology Group Technologies, Inc. (“Brookhaven Technology Group”) offers this web site, brookhaventech.com (the “Site”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Site. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Brookhaven Technology Group may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. Brookhaven Technology Group reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.

PERSONAL USE
The information provided by Brookhaven Technology Group on this Site is general in nature and provided for informational purposes only. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to Brookhaven Technology Group that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

COPYRIGHTS
As between you and Brookhaven Technology Group, Brookhaven Technology Group retains full copyright ownership, rights and protection in all material contained on the Site (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of Brookhaven Technology Group.

You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Brookhaven Technology Group.

TRADEMARKS
Brookhaven Technology Group, the Brookhaven Technology Group logo, and other Brookhaven Technology Group company and product names referenced in the Site are either registered trademarks or trademarks or service marks of Brookhaven Technology Group Inc. or its subsidiaries. Other company and product names may be the trademarks of the respective companies with which they are associated. The mention of such company and product names on this Site is with due recognition and without intent to misappropriate such names or marks. You may not use any marks appearing on this Site without the prior written consent of Brookhaven Technology Group or the third party owner of such mark. Your unauthorized use of such marks may constitute infringement, which could subject you to substantial civil penalties.

PRIVACY
You hereby acknowledge having read and agreed to all terms and conditions of Brookhaven Technology Group’s Privacy Policy, which are hereby incorporated into these Terms and Conditions.

LINKS
The Site links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Brookhaven Technology Group of the site, but is for your reference and convenience only. Brookhaven Technology Group has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does Brookhaven Technology Group recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any hyper-linked site.

You may not create a link in any manner reasonably likely to (i) imply affiliation with, or endorsement or sponsorship by, Brookhaven Technology Group, (ii) cause confusion, mistake or deception, (iii) dilute Brookhaven Technology Group’s trademarks or service marks or (iv) otherwise violate U.S. state or federal law or the laws or regulations of any other jurisdiction. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within brookhaventech.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.

Use of Site Cookies
Use of Brookhaven Technology Group’s web site requires the use of cookies on your workstation. These use of cookies is very limited, and is only for the purpose of establishing your correct pricing and country designation, and linking any of your online purchasing information, such as shipping and billing addresses with your session. Brookhaven Technology Group’s use of Cookies in no way gathers or monitors any information about your usage of the site or any other browser activities. Cookie use is only for the purpose associating your session with your personal site settings which you have entered for your convenience and effective use of the site’s tools.

SOFTWARE DOWNLOADING
If you download software from this Site, use of such software is subject to the license terms in the license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms and conditions set forth in the license agreement. Except for rights granted pursuant to such license agreement, Brookhaven Technology Group and/or its licensors reserve all intellectual property rights, title and interest in and to such software.

SUBMISSIONS
If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, “Ideas”), the Ideas shall be deemed, and shall remain, the sole and absolute property of Brookhaven Technology Group. Except as set forth in our Privacy Policy , none of the Ideas shall be subject to any obligation of confidence on the part of Brookhaven Technology Group and Brookhaven Technology Group shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through Brookhaven Technology Group that (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (iii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any uploading, posting or submission.

RESTRICTED TO ADULTS
You must be at least 18 years of age to use this Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.

PASSWORD DISCLOSURE; PASSWORD PROTECTED AREAS
If, at any time, you learn or suspect that your user identification number or password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify Brookhaven Technology Group via e-mail or in writing. Upon receiving such notice, Brookhaven Technology Group will assign a new user identification number and/or password to you within a reasonable period of time. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

DISCLAIMER OF WARRANTIES
Neither Brookhaven Technology Group nor its employees, agents, partners, or licensors warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Brookhaven Technology Group is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Brookhaven Technology Group.

Brookhaven Technology Group does not assume any liability for the contents of any material provided on this Site. Reliance on any information presented on the Site is at your own risk. No agent or representative has the authority to create any warranty regarding the Site or products or services provided through the Site on behalf of Brookhaven Technology Group. Brookhaven Technology Group reserves the right to change or discontinue any aspect or feature of the Site, or any products or services mentioned on this Site, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.

You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Brookhaven Technology Group. Accordingly, Brookhaven Technology Group assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. BROOKHAVEN TECHNOLOGY GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR BROOKHAVEN TECHNOLOGY GROUP PRODUCTS OR SERVICES.

IF YOU HAVE ENTERED INTO OTHER TERMS AND CONDITIONS WITH BROOKHAVEN TECHNOLOGY GROUP IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM BROOKHAVEN TECHNOLOGY GROUP (THROUGH THE ON-LINE STORE, CATALOG OR OTHERWISE), PLEASE NOTE THAT SUCH TERMS AND CONDITIONS CONTAIN PROVISIONS DISCLAIMING WARRANTIES AND LIMITING LIABILITIES WITH RESPECT TO THE PRODUCTS SUBJECT THERETO, AND SUCH PROVISIONS ARE NOT SUPERCEDED BY THESE TERMS AND CONDITIONS.

INDEMNIFICATION
You agree to defend, indemnify and hold Brookhaven Technology Group, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions. Brookhaven Technology Group shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

INTERNATIONAL USE
Brookhaven Technology Group makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws. You further agree that you will not use, import, export or re-export the materials of this Site, any software or technical data downloaded from this Site or products purchased from this Site, or any copy or adaptation, in violation of any applicable laws or regulations, including, but not limited to, the requirements under the U.S. Export Administration Act, Regulations of the Department of Commerce or its successors, executive orders and other export controls.

U.S. GOVERMENT RESTRICTED RIGHTS
Any software or material which is downloaded from this Site for or on behalf of the U.S. Government, is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivisions (c)(1) and (2) of the Commercial Computer Program-Restricted Rights clause at 48 C.F.R. § 52.227-19, or in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software at 48 C.F.R. § 252.227-7013, as applicable. Contractor/manufacturer is Brookhaven Technology Group Inc., 1000 Innovation road, Stony Brook, NY 11794.

COPYRIGHT INFRINGEMENT CLAIMS AND AGENT
Brookhaven Technology Group respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to Brookhaven Technology Group’s Copyright Agent listed below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.