Conditions of use

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS WEBSITE. BY ACCESSING ANY MATERIAL ON THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE (AGREEMENT), THAT YOU UNDERSTAND THE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE.

USE OF THIS WEBSITE

This Website is owned and operated by FasTrak Softworks, Inc. (hereafter FasTrak). Unless otherwise indicated, the contents of this Website are the property of FasTrak and are protected, without limitation, pursuant to U.S. and foreign intellectual property laws. No material from FasTrak or this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, 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 and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of FasTrak's intellectual property rights. For purposes of this Agreement, the use of any such material on any other website or computer environment is prohibited without the express written consent of FasTrak.

TRADEMARKS

PLC WorkShop, ControlShop, FTMaintenance, and 505 Simulator are trademarks of FasTrak SoftWorks, Inc. You agree not to display or use in any manner the FasTrak trademark/service marks without FasTrak's prior written permission.

Allen-Bradley is a registered trademark of Allen-Bradley.

Windows, Access, and MSDE are registered trademarks and Project is a trademark of Microsoft Corporation.

SY/MAX, SY/MATE Plus, ProWORX Nxt, ProWORX 32, MODSOFT, and Modbus are registered trademarks and Modicon, 984, 884, 584, Quantum, and Concept are
trademarks of Schneider Electric, Inc.

Simatic is a registered trademark of Siemens, and 505, S5, TISOFT, SoftShop,
and Step5 are trademarks of Siemens.

Crystal Reports is a trademark of Business Objects SA.

Macromedia and Cold Fusion are registered trademarks of Macromedia, Inc.

Palm OS is a registered trademark of PalmSource, Inc.

All other trademarks, registered trademarks, service marks, trade names, and
company names referenced within this website are used for identification
only and are the property of their respective owners.

DISCLAIMER

THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, FASTRAK MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE FASTRAK WEBSITE.

LIMITATION OF LIABILITY

ALTHOUGH FASTRAK MAKES EFFORTS TO ENSURE THE ACCURATENESS AND INTEGRITY OF THE INFORMATION CONTAINED ON AND THROUGH ITS WEBSITE, FASTRAK MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE WEBSITE AND INFORMATION CONTAINED THEREIN. IT IS POSSIBLE THAT THE WEBSITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE WEBSITE BY THIRD PARTIES. FASTRAK, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OF ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.

WARRANTY AND INDEMNIFICATION

You represent and warrant to FasTrak that your use of the materials contained within this Website will at all times comply with all applicable laws, rules, regulations, and this Agreement. You hereby agree to indemnify, defend and hold harmless FasTrak and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal costs and expenses and attorneys' fees) arising out of or relating to any breach by you of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. FasTrak reserves the right, at its sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of FasTrak.

USER SUBMISSIONS

FasTrak does not want to receive confidential or proprietary information from you through this Website. Any material, information or other communication ("Communications") you transmit or post to this Website will be considered non-confidential and non-proprietary. FasTrak will have no obligations with respect to the Communications. FasTrak and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

JURISDICTION AND EXPORT

This Website is controlled and operated by FasTrak from its office in Milwaukee, Wisconsin, United States of America. FasTrak and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this site is further subject to United States export controls.

PERMISSION FOR REPRINTS

All material on this Website, without limitation, is protected by U.S. and foreign intellectual property laws, including specifically copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:

FasTrak SoftWorks, Inc.
P.O. Box 240065
Milwaukee WI 53224-9003
Telephone: 1.262.238.8088
Fax: 1.262.238.8080
E-mail: webmaster@fast-soft.com

NOTICE OF COPYRIGHT INFRINGEMENT

Notification of a claim of copyright infringement must be submitted to the following:

FasTrak SoftWorks, Inc.
P.O. Box 240065
Milwaukee WI 53224-9003
Telephone: 1.262.238.8088
Fax: 1.262.238.8080
E-mail: webmaster@fast-soft.com

The notification must be in writing and include:
1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Wisconsin and the federal courts of Wisconsin. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. FasTrak does not guarantee continuous, uninterrupted or secure access to our services, and operation of this Website may be interfered with by numerous factors outside of our control. You agree that these Terms & Conditions of Use and all incorporated agreements may be automatically assigned by FasTrak, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of FasTrak to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.