1. General

2. Trademarks and Trade Names
All trademarks, service marks, logos, graphics, domain names, metatags, trade dress, and trade names applicable to Eclipse Engineering's business, operations, facilities, products and services (collectively, "Eclipse Engineering’s Intellectual Property") are owned exclusively by Eclipse Engineering. Eclipse Engineering’s Intellectual Property may not be used in connection with any product or service that is not Eclipse Engineering’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eclipse Engineering. All other trademarks, service marks, logos, graphics product names and company names not owned by Eclipse Engineering that appear on this Web Site are the property of their respective owners.

3. Copyrights
All content included on this Web Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, and the compilation (meaning the collection, arrangement, and assembly) of such content, are the property of Eclipse Engineering, or its content suppliers and are protected by United States and international copyright laws. All software used on this Web Site is the property of Eclipse Engineering, or its software suppliers and is protected by United States and international copyright laws. The content and software on this Web Site are to be used only for providing information regarding Eclipse Engineering to persons who visit this Web Site. Any other use of the content and software on this Web Site, including the reproduction, modification, distribution, transmission, republication, display or performance of such content and software, is strictly prohibited.

4. Use of Web Site
This Web Site is owned and operated by Eclipse Engineering, and is for your personal, noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any content (including, without limitation, any text, graphics, logos, button icons, images, audio clips, and software) included on this Web Site. Notwithstanding the generality of the foregoing, you may download on any single computer one copy of the information included on this Web Site for your personal, noncommercial use only, provided that you do not modify any of such information and that you keep intact all copyright and other proprietary notices contained in such information. This permission terminates automatically if you breach any of these Terms of Use, and upon such termination, you must immediately destroy any downloaded and printed materials (and all copies thereof). The use of any content included on this Web Site on any other web site or networked computer environment is strictly prohibited. Any unauthorized use of the content included on this Web Site is prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

5. Disclaimer of Warranties
THIS WEB SITE IS PROVIDED BY ECLIPSE ENGINEERING ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ECLIPSE ENGINEERING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO: THIS WEB SITE OR ANY OF THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEB SITE; THE OPERATION, USE OR RESULTS OF USE OF THIS WEB SITE; OR THE CORRECTNESS, ACCURACY, AND RELIABILITY OF THIS WEB SITE. ECLIPSE ENGINEERING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEB SITE AND ANY OTHER SERVICES PROVIDED BY ECLIPSE ENGINEERING WILL BE FREE OF ERRORS, THAT THE USE OF THIS WEB SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY ECLIPSE ENGINEERING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.

6. Limitation of Liability
IN NO EVENT SHALL ECLIPSE ENGINEERING BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR ANY OTHER ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE DELAY INABILITY TO USE THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN ECLIPSE ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES, INJURIES OR DAMAGES. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, WEB SITE DOWN TIME OR INTERRUPTIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS WEB SITE, IS TO DISCONTINUE YOUR USE OF THIS WEB SITE.

7. Links to Other Sites
This Web Site may contain links to other web sites not owned by Eclipse Engineering, (the "Linked Sites"). The Linked Sites are not under the control of Eclipse Engineering, and Eclipse Engineering is not responsible for the availability of such Linked Sites, does not endorse and is not responsible or liable for any content, products or other materials available on any Linked Site, including, without limitation, any link contained in a Linked Site. In the event that Eclipse Engineering provides a link to a Linked Site, such links are provided only as a convenience, and the inclusion of any such link does not imply endorsement by Eclipse Engineering of the Linked Site or any association with the Linked Site's operators.

8. Legal Compliance
You agree to comply with all applicable laws, statutes, regulations and ordinances.

9. Miscellaneous
Eclipse Engineering retains title and ownership of this Web Site and reserves the right to make changes to this Web Site at any time. These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflicts of law rules. You agree that any action arising out of or connected in any way with this Web Site and/or your use of this Web Site shall be brought in the state or federal courts in Mecklenburg County, North Carolina, and you hereby waive any right to assert jurisdiction or venue in any other court. Eclipse Engineering may, from time to time and at any time, amend any of these Terms of Use by posting the amended terms on this Web Site. These Terms of Use may not be otherwise amended except in a writing signed by Eclipse Engineering. Any waiver of any of these Terms of Use will be effective only if in writing and signed by Eclipse Engineering and the failure of Eclipse Engineering to exercise or enforce any of these Terms of Use shall not constitute a waiver of such right or provision.

10. Notice/Procedure for Claims of Copyright Infringement
Note: This procedure is exclusively for notifying Eclipse Engineering that you believe your copyrighted material has been infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Eclipse Engineering’s Copyright Agent with a written notice containing the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of the material that you claim to be infringing or to be the subject of infringing activity, and a description of where such material is located on this Web 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 owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For purposes of 17 U.S.C. € 512(c) and 37 C.F.R. € 201.38, Eclipse Engineering’s Copyright Agent for notice of claims of copyright infringement listed at the top right of this Web site.

If you have any concerns regarding our Terms of Use, please email us by using our contact page.