Image Permanence Institute, eClimateNotebook® web-based software

Terms and Conditions of Use

eClimateNotebook® is software created and maintained by the Image Permanence Institute, a department of the College of Art and Design, Rochester Institute of Technology (RIT), One Lomb Memorial Drive, Rochester, New York USA 14623 (“IPI”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS website. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site or download the software. IPI may modify these Terms and Conditions at anytime.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by IPI for your personal or institutional use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download any software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by IPI, for your personal or institutional use only. IPI does not transfer either the title or the intellectual property rights to the Software and IPI retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by IPI or its licensors and you may not copy or use them in any manner.

This site is controlled, maintained and operated by IPI in Rochester, New York. IPI makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site 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. Software from this site is subject to U.S. export controls. To the extent any software is housed on this site, no software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimers and Limitation of Liability; Forward-Looking Statements

IPI may change, move or delete portions of, or may add to, this website from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IPI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, IPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IPI DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. IPI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT IPI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IPI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF IPI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IPI'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO IPI, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other websites

IPI makes no representation whatsoever regarding the content of any other websites which you may access from this site. When you access a non-IPI website, please understand that it is independent from IPI and that IPI has no control over the content on that website. A link to a non-IPI website does not mean that IPI endorses or accepts any responsibility for the content or use of such website.

Submissions

Should any viewer of a document on this website respond to IPI with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and IPI shall have no obligation of any kind with respect to such information. In addition, IPI shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, IPI shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Rochester Institute of Technology’s policies and procedures.

In consideration of IPI's continuing efforts to enhance and improve its product and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to IPI without any compensation. You agree to execute any and all documents that IPI may reasonably request in connection with confirming IPI's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this website will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Termination

This Agreement is effective unless and until terminated by either you or IPI. You may terminate this Agreement at any time by no longer using this website, provided that all prior uses of this website shall be governed by this Agreement. IPI may terminate this Agreement at any time and without notice, and accordingly deny you access to this website, in IPI's sole discretion for any reason, including your failure to comply with any term or provision of this Agreement.

Indemnity

You agree to indemnify and hold IPI and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against IPI arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.

Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of New York whose courts located in Monroe County shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be New York.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between you and IPI relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between you and IPI in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.