- GRANT OF LIMITED LICENSE
2.1 USER CONDUCT
2.2 Use Restrictions.
2.2.2 No Competitors. You cannot access Haskel if you are a competitor of Haskel or any of its affiliates. You must not permit or attempt to permit any competitor of Haskel or any unauthorized third party to access, view, interact with, evaluate, or otherwise use Haskel, whether on behalf of you or any third party.
2.3 Confidentiality. “Confidential Information” means all information and data regarding Haskel or Haskel that is identified as confidential and proprietary or that you should reasonably know is confidential by the nature of its disclosure. You must not disclose Confidential Information to third parties and must protect any Confidential Information with the same degree of care as you use to protect your own confidential information, but in no event less than a reasonable degree of care. You represent and warrant that you will not use, reveal, relay, expose, make known, or provide any Confidential Information you receive through Haskel to any third parties (even to those third parties who already have access to the Confidential Information) for any purpose, including but not limited to leveraging lower prices from suppliers.
2.5 Compliance with Laws. In using Haskel, you must comply at all times with all applicable laws, rules, and regulations. You agree that you will not transfer or export Haskel into any country or use Haskel in any manner prohibited by the U.S. Export Administration Regulations or any other applicable export control law, restriction, or regulation.
3. THIRD-PARTY CONTENT
Certain links provided on this site will launch Internet sites that are not under the control of Haskel. Haskel provides these outside links solely as a convenience to its users and the provision of any such link is not an endorsement by Haskel of that site or any of the contents, products, or services contained or offered therein. Accordingly, Haskel makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
4. INTELLECTUAL PROPERTY
4.2 Feedback and Output. From time-to-time, Haskel may seek or you may offer comments, input, or ideas regarding your use of Haskel or Haskel’s features and functionality generally (“Feedback”). In addition, you will likely develop some output using Haskel, including but not limited to creating custom reports (“Output”). Haskel welcomes your Feedback regarding Haskel and encourage you to use all the functions available in Haskel to create Output. Any Feedback that you give to us (either oral or written) or any Output that you develop using Haskel is Haskel’ exclusive property. Your submission of any Feedback or development of any Output constitutes an assignment to Haskel of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback or Output. Haskel may use, distribute, manipulate, disclose, publish, or reproduce any Feedback or Output related to your use of Haskel, without notice or compensation to you.
4.3 Navigational Data. From time-to-time, Haskel may use technical methods to track and analyze traffic patterns on Haskel, such as the frequency with which you and other users are visiting various parts of the application. Haskel may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. Haskel may use this information or employ a third party to help Haskel analyze this information to measure site activity, develop new ideas for improving Haskel, and for its business purposes.
4.4 Marks. You must not remove, alter, deface, obscure, or otherwise modify any of Haskel’ Marks that are displayed on Haskel or any Output, whether those Haskel Marks are displayed or otherwise rendered by software or on printed media. In addition, you must not adopt or otherwise use any Marks containing confusingly similar names, designs, or other indicia to Haskel’ Marks nor dilute Haskel’ Marks in any manner. “Marks” means all proprietary indicia, trademarks, trade names, symbols, logos, or brand names Haskel adopts to identify Haskel, its products, or any related parties.
4.5 IP Rights. Haskel retains title and all other ownership and proprietary rights in and to its IP Rights, and any and all derivative works based on the IP Rights. This ownership and IP Rights include any and all rights in and to patents, trademarks, copyrights, and trade secret rights. The IP Rights are not “work made for hire” within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not copy or reproduce all or any part of the IP Rights, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of data, presentation, style, or organization. “IP Rights” mean Haskel and all source code, object code, documentation (whether electronic, printed, written or otherwise), working papers, non-client data, programs, diagrams, models, drawings, flow charts, and research (whether in tangible or intangible form or in written or machine-readable form), and all techniques, processes, inventions, knowledge, know-how, trade secrets (whether in tangible or intangible form or in written or machine-readable form), developed or provided by Haskel.
5.1 Security Protections. Haskel’s security controls and practices are designed to protect the confidentiality, integrity, and availability of data that is hosted. These practices are aligned with the ISO/IEC 27002 Code of Practice for information security controls, from which a comprehensive set of controls are selected. Your access to Haskel is through a secure communication protocol provided by Haskel.
5.2 Backup Your Content. You must back up, to your own computer or other device, any data or other content that you input into via Haskel. Haskel does not guarantee or warrant that any content you input or access through Haskel will not be subject to inadvertent damage, corruption, or loss.
7. QUOTES. Any quotes prepared through Haskel are estimates based on the data entered by you into Haskel. We reserve the right to change pricing, delivery times, and other terms if the data entered is incorrect or changes. All quotes are subject to our standard terms and conditions located at http://www.Haskel.com/Terms-and-Conditions-of-a-Sale and subject to the specifications set forth on any order. ANY QUOTE IS EXPRESSLY LIMITED TO AND EXPRESSLY MADE CONDITIONAL ON YOUR ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN BY REFERENCE. HASKEL OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. HASKEL RESERVES THER RIGHT TO CHANGE THE TERMS AND CONDTIONS AT ANY TIME WITHOUT NOTIFICATION.
8.2 Effect of Termination. Upon termination, Haskel will disable your username and password. You must not attempt to access or use Haskel or represent in any form that you have access to Haskel.
9. ASSIGNMENT AND SUCCESSORS
Haskel may assign any of its rights or obligations under this License. You may not assign any of your rights or obligations under this License without Haskel’ prior written consent, and any purported assignment by you without Haskel’ prior written consent is void. Subject to the previous sentence, this License will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.
10. NO WARRANTIES
HASKEL AND ITS CONTENTS ARE PROVIDED “AS IS” AND “WHERE IS”, WITHOUT ANY WARRANTIES OF ANY KIND. HASKEL DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO HASKEL OR OTHERWISE REGARDING THIS LICENSE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROADLANE DOES NOT GUARANTEE OR WARRANT THE COMPLETENESS, ACCURACY, SUITABILITY, QUALITY, OR CURRENCY OF HASKEL OR THAT YOUR USE OF HASKEL WILL BE UNINTERRUPTED OR FREE FROM HACKING ATTACKS, VIRUSES, OR OTHER MALFUNCTIONS. USE OF HASKEL IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK. HASKEL makes no representation or warrantY whatsoever with respect to the compatibility of HASKEL or any future releases with any computer hardware or software, nor does HASKEL represent or warrant the continuity of the features provided by or through HASKEL between various releases.
11. LIMITATION OF LIABILITY
HASKEL HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR INACCURACIES IN HASKEL THAT COULD CAUSE FAILURES, CORRUPTION, OR LOSS OF DATA OR INFORMATION OR ANY OTHER DAMAGE TO YOUR SYSTEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF HASKEL, INCLUDING WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF OR ANY DAMAGE TO YOUR COMPUTERS, EQUIPMENT, DEVICE, PERIPHERALS, SOFTWARE, DATA, OR INFORMATION.
12. International Users and Jurisdiction. This site is maintained and controlled by Haskel in the State of California, United States of America. Haskel makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to this site from territories where this site’s contents are illegal is prohibited. If you access this site from locations outside the United States, you are responsible for compliance with all local laws. The laws of the State of Colorado shall govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof. Information contained in this website may be subject to U.S. government export controls. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations and administrative acts. Prior to the disclosure of information presented on this website to any foreign national, the recipient will obtain any such approvals in a manner consistent with the terms and conditions of this agreement.
13. SURVIVING PROVISIONS
Sections: 2.5 (Confidentiality), 3 (Content-Specific Terms and Third-Party Content); 4 (Intellectual Property), 10 (Surviving Provisions); and Exhibit A will survive any termination or expiration of this Agreement and continue in full force and effect.
Version Release: 10.18.2017
THIRD-PARTY CONTENT PROVIDERS PASS-THROUGH TERMS
These pass-through terms are applicable only to the Haskel solution that contains the specific third-party content. If you do not agree to the terms and conditions contained in this Exhibit A, then you will not be able to access any content available under Haskel, and you should contact your Haskel representative for a refund if you have paid any prepaid fees.
Version Release: 12.15.2017