END USER AGREEMENT FOR THE FMSI ELECTRONIC CATALOG This license agreement (the "End User Agreement") is a contract between you and Friction Materials Standards Institute (FMSI) that describes the terms and conditions applicable to your use of the FMSI Electronic Catalog, FMSI Part Numbers, FMSI Part Numbering System, FMSI trademarks and copyrights as defined below. By clicking the “Submit” button to the left and making use of the FMSI Electronic Catalog, you are confirming that you have read and accepted the terms and conditions of this End User Agreement. If you do not agree to this End User Agreement, you will not be allowed entry into the FMSI Electronic Catalog. The terms "you", "your", or "user" are synonymous, and refer to the person or entity using the information located in the FMSI Electronic Catalog. You agree to the following: 1. Your company is a member of FMSI. Non-members are not allowed access to the FMSI Electronic Catalog. 2. Only Active & Regional Members in good standing and their customers are permitted to use the trademarks “FMSI” and “FMS”; the FMSI Part Numbers; and the FMSI Part Numbering system. You may not use the trademarks “FMSI” and “FMS”; the FMSI Part Numbers; and the FMSI Part Numbering system except for product purchased from an FMSI Active or Regional Member. 3. You may not copy or reproduce the FMSI Electronic Catalog in whole or in part without the explicit written permission of FMSI. 4. FMSI owns the title, copyright, and other intellectual property rights in the FMSI Electronic Catalog, “FMS”, “FMSI”, the FMSI Part Numbers and the FMSI Part Numbering System. You acknowledge that these are protected by trademark, copyright, trade secret and other intellectual property laws. FMSI reserves all rights not expressly granted to you in this End User Agreement. This End User Agreement does not grant you any rights to trademarks or service marks of FMSI. You shall not decompile, disassemble, or otherwise reverse engineer the coding, scripts, and other programming on the FMSI Electronic catalog for any purpose. 5. THE FMSI ELECTRONIC CATALOG IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FMSI, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE ELECTRONIC CATALOG. FMSI DOES NOT WARRANT THAT THE ELECTRONIC CATALOG IS FREE FROM ERRORS OR OTHER LIMITATIONS. 6. IN NO EVENT WILL FMSI BE LIABLE FOR ANY LOSS, COST, LIABILITY, OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE FMSI ELECTRONIC CATALOG. 7. This End User Agreement (and any additional terms and conditions with which FMSI supplements this agreement) is a complete statement of the agreement between you and FMSI, and sets forth the entire liability of FMSI. Any waiver of the terms herein by FMSI must be in writing signed by an authorized officer of FMSI and expressly referencing the applicable provisions of this End User Agreement. FMSI shall be not be liable for any default or delay in the performance of its obligations under this End User License to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this End User Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This End User Agreement will be governed by Connecticut law as applied to agreements entered into and to be performed entirely within Connecticut, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. This End User Agreement does not limit any rights that FMSI may have under trade secret, copyright, patent or other laws.
Copyright 2020 Friction Materials Standards Institute
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