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Please read these terms of use carefully.  These Terms & Conditions of Use apply to any websites, mobile apps, or online or mobile-enabled technology or digital tools (collectively, our “Online Services”) that display or link to these terms.  FEi.com, Inc. is referred to in these Terms & Conditions of Use as “FEI Systems,” “we,” “us” or “our.”  THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.  By accessing or using the Online Services, you agree that you have read, understand, and agree to be bound by these Terms & Conditions of Use, as amended from time to time.  All amendments and updates to these Terms & Conditions of Use are effective immediately upon notice, which we may give by any means, including but not limited to posting notice of the revision on the Online Services homepage.  If you do not wish to agree to these Terms & Conditions of Use, do not access or use any part of the Online Services.

FEI Systems reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violation of these Terms & Conditions of Use, including without limitation, suspending or terminating any account you have created on this Online Services.

Intellectual Property

All trademarks, logos, designs, slogans and trade dress appearing on the Online Services, whether or not appearing in large print, italics or with the trademark symbol, are owned by FEI Systems or their affiliate companies or service providers, or are used under license.  No right or license is granted, by implication or otherwise, to use any trademark, service mark, or logo displayed on the Online Services or any other intellectual property rights of FEI Systems or any third party.

You may not distribute, modify, transmit, reuse, repost, or use the content of the Online Services for public or commercial purposes, including the text, images, audio, or video, without the written permission of FEI Systems.  You should assume that everything you see or read on the Online Services is copyrighted unless otherwise noted and may not be used, except as provided in the Terms & Conditions of Use or in the text on the Online Services, without the written permission of FEI Systems.  FEI Systems neither warrants nor represents that your use of materials displayed on the Online Services will not infringe rights of third parties not owned by, or affiliated with, FEI Systems.

No Medical Advice, Disclaimer, No Warranty

The information that you obtain from the Online Services is provided for informational purposes only.  The Online Services are not intended to offer medical advice from FEI Systems.  The Online Services may provide you with information or facilitate your communication with a health care provider, but are not a substitute for the professional judgment of a health care provider.  Call your health care provider or “911” immediately if you think you have a medical emergency.  Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition.

THE ONLINE SERVICES AND THE INFORMATION AVAILABLE THROUGH THE ONLINE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY 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.  FEI SYSTEMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ONLINE SERVICES.  FEI SYSTEMS SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ONLINE SERVICES FOR AN AMOUNT GREATER THAN $500 OR THE MINIMUM AMOUNT AS REQUIRED BY LAW, WHICHEVER IS LESS.

Privacy

FEI Systems’ use of your personal information and your responsibilities in connection with protecting your privacy are described in the FEI Systems Privacy Statement, which is incorporated by reference into these Terms & Conditions of Use.

Third-party links

Occasionally, at our discretion, we may include or offer third party products or services on or linked to our Online Services.  These third party sites have separate and independent privacy policies.  We therefore take no responsibility or liability for the content and activities of these linked sites.  Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Updates to your devices

Please note that if you are using downloadable applications from FEI Systems, updates to your device’s systems or firmware may render your use of the applications incompatible.  FEI Systems does not warrant that the Online Services will be compatible with any updates to, or prior versions of, your devices.  FEI Systems may, but is not obligated to, provide you with updates to the Site or applications that improve compatibility with updated mobile devices.

Data Charges

To the extent that your use of the Online Services or any FEI Systems application requires, or permits utilization of, wireless, cellular data or internet access, you are independently responsible for securing the necessary data access service.  For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Online Services and FEI Systems applications.  You are solely responsible for all such charges payable to third parties.

Software and Downloads

If FEI Systems permits you to download or otherwise access such Online Services, the Online Services (including any data or images incorporated in or generated by the Online Services’ software) is licensed to you.  You do not receive title to this software, and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Online Services as offered by FEI Systems.  You may not modify, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of such software.  Except as expressly provided, you may not create any derivative works of the software or any services available on the Online Services.  This license is revocable at any time without notice and with or without cause.  You agree to destroy or return to FEI Systems all copies of the software upon revocation of your license to the software and/or termination of your access to the Online Services.  The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms & Conditions of Use.  In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms & Conditions of Use.

Access and Interference

You agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Online Services, (ii) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of FEI Systems, (iii) use any device, software or routine that interferes with the proper working of the Online Services, (iv) attempt to interfere with the proper working of the Online Services, (v) take any action that imposes an unreasonable or disproportionately large load on the FEI Systems’ infrastructure, or (vi) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

You agree that you will not use the Online Services in connection with criminal or civil violations of applicable provincial, state, federal or international laws, regulations or other government requirements, including theft or infringement of copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery, theft or misappropriation of funds, credit cards or personal information; and threats of physical harm or harassment.  Sending spam or other duplicative or unsolicited messages is an unacceptable use of the Online Services.

You also agree that you will not use the Online Services: (i) to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel or defamation, or (ii) for the distribution of offensive materials, including obscene, indecent, and hateful materials.

You agree that you will not use (or attempt to use) the Online Services to violate the security of a network, service or other system.  Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

Comments and Submissions

FEI Systems welcomes your comments.  All comments, suggestions or other information sent by you to FEI Systems or its advertisers or business partners (if any) in response to solicitations on the Online Services become FEI Systems’ property and you agree that all intellectual property rights therein are transferred to FEI Systems.  For avoidance of doubt, FEI Systems shall own any developments made by, or on behalf of, FEI Systems arising out of your comments, suggestions or other submissions.  To the extent FEI Systems does not own such materials, you grant and agree to grant FEI Systems a non-exclusive, royalty-free, perpetual, irrevocable license to utilize, create derivative works of, distribute, and sublicense such materials for any purpose in connection with FEI Systems’ websites, business, products and/or services.  You have no expectation of any review, compensation, or consideration for any submission hereunder.

Indemnification

You agree to indemnify and hold harmless FEI Systems and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Online Services or the delivery of products, services or information over the Online Services, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms & Conditions of Use or your use of any products, services or information obtained from the Online Services.

Applicable Law

These Terms & Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of Maryland of the United States of America, without regard to its conflicts of law principles and without regard to the Uniform Computer Information Transactions Act (UCITA).  You hereby consent to the exclusive jurisdiction of the state and federal courts located in the State of Maryland of the United States of America, with respect to any action arising out of or in connection with the Online Services.