Marine Design Plug-in for Rhino

Web Site User Agreement and Disclaimers

Terms of Use

By accessing and using the Orca3D web site (“Site”), you agree to follow and be bound by the following terms and conditions concerning your use of this Site (“Terms of Use”).  Please carefully read these terms.  We may revise the Terms of Use at any time without notice and in our sole discretion.  Such changes will be effective when posted, and such revised Terms of Use will apply to your use of this Site thereafter.  Other areas of this Site may have different terms of use.  If there is a conflict between these Terms of Use and any terms of use posted for a specific area of this Site, the latter shall have precedence with respect to your use of the specific area of the Site.  These Terms of Use apply only to the use of this Site, and do not apply or alter the terms of any other agreement that you may have with us.

Use and Access

We grant you a limited license to use this Site.  This license allows you to download, view, copy and print documents and graphics incorporated in these documents (“Documents”) from the Site subject to the following:  (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way.  You are not licensed to use this Site or the Documents for (a) any resale or other commercial purpose; (b) creating derivative web sites; or (c) data mining or similar data collection.  The design and layout of this Site are specifically excluded from the Documents.  No other use of the Documents is authorized.  You may not otherwise use, download, upload, copy, print, display, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without our express written permission, unless such use is deemed “fair use” under copyright law.  Any use not authorized automatically will terminate your license to continue to use this Site.  We reserve the right to monitor this Site and any use, and to report any unauthorized or possible criminal activity to law enforcement authorities, as appropriate in our sole discretion. In consideration of this authorization, you agree that any copy of the Documents (or any portion of the Documents) that you make shall retain all copyright and other proprietary notices contained herein or therein. Confidential, classified or proprietary information should not be sent by you through this web site.  Information transmitted via this web site will be treated as non-confidential, non-classified and non-proprietary and may be disseminated or used by us for any purpose.  Personal data provided to us will be handled in accordance with our policies regarding privacy.

Intellectual Property Rights

The information provided in this Site may be the subject of intellectual property rights reserved by us or other third parties.  Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property rights of ours or any third party.

Third Party Content and Links

This Site may provide links to third-party web sites and access to content, including information on their products and services, users, advertisers, affiliates and sponsors.  You agree that we are not responsible for any of this third-party content that it is being provided in this Site for convenience and does not imply any affiliation or endorsement of such third-party sites or the information contained therein.  You agree to refer to and abide by the policies posted by such third-party web sites before you use them.  You agree that we also are not responsible for third-party content, including opinions, advice, statements and advertisements, and understand that you bear any and all risks associated with the use of such content.  You further agree that we are not responsible for: (a) the quality of third-party products or services accessed through the links; and (b) fulfilling any of the terms of any agreement that you may thereafter enter into for products or services, or warranty obligations. You agree that we are not responsible for any loss or damage of any sort you may incur from accessing third-party web sites from the links.  Unless approved in writing in advance by us, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other web sites pertaining to any of the information located at this Site. Contact our webmaster for approval for linking to this Site.  We reserve the right to terminate any link or linking program at any time in its sole discretion.

General Disclaimer

The information contained in this Site has been compiled by us from both internal and external sources. While we have attempted to provide accurate information on this Site, no representation is made or warranty given as to the completeness or accuracy of the information contained on this Site.  In particular, you should be aware that the information may be incomplete, may contain errors or may have become dated.  You should verify any information obtained from this Site before you make any use of it.

Disclaimer

Except where expressly provided, this Site and all content, materials and information provided in this Site are provided on an “as is” and “as available” basis.  We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that: (a) this Site will meet your needs; (b) this Site will be available on an uninterrupted, secure or error-free basis; or (c) the use of this Site will be accurate or reliable.

Any content, materials or information obtained through the use of this Site is obtained at your own discretion and risk.  We shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, documents or information.

Limitation of Liability 

In no event shall we be liable for any damages suffered or injury caused, including any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this Site, or from your reliance on any information provided in this Site, even if we and/or our affiliates have been advised of the possibility of such damages.  In no event shall our aggregate liability (whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory) arising out of or relating to the use of this Site exceed $5.00 or any compensation you paid us for use of this Site, whichever is less.

Disclosure: Forward-Looking Statements

Some of the information on this Site may contain projections or other forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 regarding future events or our future financial or technical performance or our affiliates or business units.  You understand that these statements are only predictions and that actual events or results may differ materially.  Although such projections and other forward-looking statements contained in this Site are intended to be accurate at the time they are made available, such information is provided for informational purposes and is provided “as is” without warranty of any kind. We make no representations and disclaim all express, implied, and statutory warranties of any kind to any user and/or any third party, including warranties as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose. We assume no obligation to update or ensure the accuracy of the projections and forward-looking statements contained on this Site. We shall not be liable for any errors or delays in the delivery of such information provided through this Site or for any actions taken in news releases. The information contained in any news releases issued by us should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaims any duty to update, the information in news releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.

Indemnity

You agree to defend, indemnify and hold us harmless, including our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site.

Export Restrictions/Legal Compliance

You may not access, download, use or export any of the content provided on this Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.  You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available the content of this Site in violation of any such restrictions, laws or regulations without all necessary approvals.  As applicable, you agree to obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the contents of this Site outside the U.S.  By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export of the contents of this Site is prohibited. All information available at this Site is subject to U.S. export control laws and also may be subject to the laws of the country where you reside.  All of our products and publications are commercial in nature.  Any information copied or downloaded from this Site for or on behalf of the U.S. Government is provided with restricted rights.  Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

Applicable Laws

All matters relating to your access to and use of this Site shall be governed by U.S. federal law or the laws of the State of Delaware, without resort to its conflict of law provisions.  Any legal action or proceeding relating to your access to or use of this Site shall be brought exclusively in a state or federal court in the Commonwealth of Virginia and you agree to submit to the jurisdiction of and agree that venue is proper in any such legal action or proceeding.

Copyright/Trademark Information

This Site and its content are owned by us and protected by U.S. and international copyright and trademark laws.  The trademarks, service marks and logos displayed in our web site are registered and unregistered protected trademarks and cannot be used without written permission.  You are not authorized to use our trademarks or logos unless you are specifically licensed or authorized to use them.  All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures and other files, and the selection and arrangement thereof are copyrighted, ALL RIGHTS RESERVED. Except as stated herein, none of the information or Documents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.  Permission is granted to display, copy, distribute and download the Documents on this Site for personal, non-commercial and informational use only; provided that, you may not, without our permission: (a) copy, publish or post any information or Documents on any computer network or broadcast or publications media, (b) modify the information or Documents and (c) remove or alter any copyright and other proprietary notices contained in the information or Documents.

Copyright © 2015, All rights reserved.