Terms of Use

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to the websites — aerotech.com, www.aerotechgmbh.de, www.de.aerotech.com, www.aerotech.co.uk, www.uk.aerotech.com, www.cn.aerotech.com, and peakmetrology.com — (collectively, the “Aerotech Website”), which are owned and operated by Aerotech, Inc. (hereinafter “Aerotech”). These Terms of Use, together with our Privacy Policy and Cookie Policy, collectively form an agreement (hereinafter “Agreement”) between you, the end user, and Aerotech.

Your use of the Aerotech Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement. By accessing, using, downloading, viewing, and/or installing any Website Content contained on the Aerotech Website or Website Services offered on the Aerotech Website, you acknowledge that you have read this Agreement in its entirety, and that you understand it, and that you are consenting to the Terms of Use, Privacy Policy and Cookie Policy contained within this Agreement.

You also agree that no written or oral representation made by Aerotech and its distributors, agents, or employees shall increase the scope of the Limited Warranty and Limitations on Liability sections set forth below in this Agreement.

Your use of the Aerotech Website constitutes your agreement to the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, do not access the Aerotech Website or use, download, save, view, or install any Website Content or Website Services.

I. Definitions

“Digital Information” means any data accessible from the Aerotech Website, which includes, but is not limited to, any text, tables, spreadsheets, graphs, documents, images or photos, or software contained in digital files.

“Website Content” means digital information that may be obtained by downloading, saving, or copying from the Aerotech Website which is then stored, installed, executed, used, viewed, edited, or manipulated by you, the end user. Such Website Content may include additional terms and conditions as set out in a separate agreement accompanying those portions.

“Website Services” means digital information made available to you, the end user, to download, save, or copy from the Aerotech Website.

II. Modification

Aerotech reserves the right to amend and modify these Terms of Use at any time with or without notice. Your continued access or use of the Website Content or Website Services signifies your acceptance of any new terms and conditions. If you object to any new term or condition: (a) discontinue access and use of the Aerotech Website and all Website Content and Website Services; and (b) return all Website Content to Aerotech or destroy all Website Content in your possession or under your control.

Aerotech may make changes at any time to the Website Content, Website Service, or to any items referenced therein without notice and is not obligated to support or update the Website Content or Website Services.

III. Prohibited Conduct

Access and use of the Aerotech Website and the Website Content are granted as a license, not a transfer of title, and is strictly limited to informational purposes only and for no other purposes. All rights not expressly granted herein are expressly reserved to Aerotech and no other rights shall be implied. Without limiting the foregoing, and unless otherwise agreed to in writing with Aerotech, you acknowledge the following specific restrictions on your use of the Aerotech Website and the Website Content:

• You may not copy, modify, alter, adapt, rent, sell, distribute, publicly display, perform or transfer any part of the Website Content or Digital Information, create any derivative works based upon any part of the Website Content or Digital Information, or use any part of the Website Content or Digital Information for any commercial purpose except as provided above;

• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Aerotech Website;

• You may not attempt to reverse engineer, decompile, or disassemble any Website Content, Digital Information or portion of the Aerotech Website, or introduce any devices or materials that would be malicious or technologically harmful to the Aerotech Website, the Website Content or Digital Information, such as but not limited to viruses, trojan horses, worms and logic bombs;

• You may not incorporate any Website Content, Digital Information or portion thereof into any other materials, products, or services, or use the Website Content or Digital Information for production purposes;

• You may not remove, alter, or obscure any proprietary legend, patent, trademark, or copyright notice contained in or on the Aerotech Website, Website Content or Digital Information;

• You may not use the Aerotech Website in any manner which could damage, disable, overburden, or impair the Aerotech Website or interfere with any other party’s use and enjoyment of the Aerotech Website;

• You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Aerotech Website, the servers on which the Aerotech Website is stored, or any server, computer or database connected to the Aerotech Website, or otherwise attempt to interfere with the proper working of the Aerotech Website;

• You may not use the Aerotech Website, Website Content or Digital Information for any purpose that in any way violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), or that is prohibited by this Agreement.

You also agree to use reasonable efforts to prevent unauthorized use, reproduction, distribution, or publication of any Website Content or Digital Information. Any unauthorized use, reproduction, distribution, or publication of Website Content or Digital Information is prohibited and constitutes a violation of this Agreement.

IV. Materials Provided to Aerotech

Aerotech does not claim ownership of the materials you provide to Aerotech (including feedback and suggestions) or post, upload, input or submit to any Aerotech Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Aerotech, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Aerotech is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Aerotech’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, copyright and all rights necessary for you to provide, post, upload, input or submit the Submissions.

V. Intellectual Property & Ownership

You have no ownership rights in the Aerotech Website, any Website Content or Digital Information. You may use the Website Content and Digital Information as long as you agree to and abide by the terms of this Agreement. Aerotech reserves all right, title and interest in and to the Website Content and Digital Information including all intellectual property rights thereof. Except as otherwise expressly provided, Aerotech grants no express or implied right under any Aerotech patents, copyrights, trademarks, or other intellectual property rights by this Agreement. All rights not expressly granted by this Agreement are reserved to Aerotech for its sole and complete use and ownership.

All Website Content and Digital Information is subject to copyright protection by the laws of the United States and other countries, and international treaty provisions. Downloading, copying, and modifying copyrighted material without proper authorization can be a violation of copyright law.

AEROTECH® and various product names, trade names, service names, slogans, and logos appearing on the Aerotech Website are trademarks of Aerotech, whether registered or unregistered. Aerotech’s trademarks and trade dress may not be used in connection with any product or service that is not related to Aerotech, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aerotech. You must not use such marks without the prior written permission of Aerotech, which consent may be withheld by Aerotech in its sole direction.

VI. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AEROTECH INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, COUNTERCLAIMS, SUITS, LITIGATION, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, EXPENSES, COSTS AND FEES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND RELATED DISBURSEMENTS, RELATING TO OR ARISING FROM: YOUR USE OR INABILITY TO USE THE AEROTECH WEBSITE, WEBSITE CONTENT AND DIGITAL INFORMATION; ANY SUBMISSION MADE BY YOU; ANY VIOLATION OF THE TERMS OF THIS AGREEMENT OR THE RIGHTS OF A THIRD PARTY BY YOU; OR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS BY YOU, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT.

VII. Disclaimer & Limited Warranty

DISCLAIMER REGARDING WEBSITE CONTENT, DIGITAL INFORMATION AND WEBSITE SERVICES: EXCEPT AS PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL AEROTECH BE LIABLE FOR ANY CLAIM OF ANY NATURE, UNDER ANY LEGAL THEORY, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO:

• WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES MADE AVAILABLE ON OR THROUGH THE AEROTECH WEBSITE, INCLUDING ERRORS OR OMISSIONS IN SUCH WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES; OR

• LOSS OR DAMAGE INCURRED AS A RESULT OF ACCESS, USE OF THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE CONTENT, DIGITAL INFORMATION AND WEBSITE SERVICES ARE PROVIDED “AS IS” AND AEROTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BY WAY OF EXAMPLE AND NOT LIMITATION, AEROTECH DOES NOT WARRANT THAT:

• THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES ARE OR WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

• THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES ARE OR WILL BE COMPLETE, ACCURATE, SECURE OR RELIABLE;

• THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

• THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS.

THIS DISCLAIMER IS INTENDED BY THE PARTIES TO TAKE PRECEDENCE OVER ANY STATE, UCC OR ANY SIMILAR IMPLIED WARRANTY PROVISION.

VIII. Limitations on Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, AEROTECH WILL HAVE NO OBLIGATION OR LIABILITY TO YOU FOR THE AEROTECH WEBSITE, WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, COPYRIGHT INFRINGEMENT OR OTHER ACTION UNDER LAW OR EQUITY) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE AEROTECH WEBSITE, WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES.  THIS LIMITATION APPLIES TO DAMAGES ARISING FROM, WITHOUT LIMITATION:

• USE OR INABILITY TO ACCESS OR USE THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES;

• COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;

• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES;

• THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE AEROTECH WEBSITE; OR

• ANY OTHER MATTER RELATING TO THE WEBSITE CONTENT, DIGITAL INFORMATION OR WEBSITE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IX. Termination

Aerotech may, in its sole discretion, terminate your use or access of the Website Content, Digital Information or Website Services, and remove and discard any Website Content, Digital Information or Website Services at any time, without notice, for any reason, including, but not limited to, conduct that violates these Terms of Use or other policies or guidelines set forth by Aerotech elsewhere within the Website Services, Digital Information or Website Content. In no event will Aerotech be liable to you or any third-party for any termination of your use or access to the Website Content, Digital Information or Website Services.

X. Choice of Law