CP-TA TEST PROCEDURE MANUAL
TERMS AND CONDITIONS OF USE AND ACCESS
IMPORTANT--READ THESE TERMS CAREFULLY BEFORE ACCESSING OR DOWNLOADING THE CP-TA TEST PROCEDURE MANUAL ("TPM"). BY ACCESSING OR DOWNLOADING THE TPM POSTED ON THIS PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR DOWNLOAD THE TPM POSTED ON THIS PAGE.
This agreement is between you and Communications Platforms Trade Association ("CP-TA"):
1. Permitted Access, Use and Reproduction.
1.1 Hard Copies. Hard copies of the TPM (i.e., permanent, paper reproductions of the TPM provided by CP-TA) are for the internal use of the recipient company or organization and may not be copied, reproduced, displayed, distributed, published or transferred, in whole or in part, under any circumstances.
1.2 Electronic Copies. Electronic copies of the TPM provided by CP-TA are for the internal use of the recipient company or organization and will be watermarked with information identifying the recipient company or organization for copyright management purposes. The recipient company or organization may reproduce and distribute electronic copies of the TPM in its entirety to its employees, so long as all attributions, copyright and trademark notices and all terms and conditions of this Agreement are included with each electronic copy of the TPM so distributed. Removal or alteration of the watermark or any other copyright management information included with the TPM is strictly prohibited.
1.3 Reservation of Rights. Except as expressly provided in this Agreement, you may not reproduce, display, distribute, publish, transfer or use, in whole or in part, the TPM, nor create derivative works based on the TPM.
2. No Transfer or License. The copyright in the TPM is owned by CP-TA. Any content included in the TPM which is excerpted from the AdvancedTCAŽ specification is owned by PICMG-PCI Industrial Computer Manufacturers Group, Inc. in the United States and other countries and used with permission. This Agreement does not grant you any ownership rights whatsoever in the TPM or the information contained therein. All rights in the TPM are and continue to be the exclusive property of CP-TA or its members. Except for the limited rights of access and use provided in this Agreement, no license or other right is granted to you, directly or by implication, estoppel or otherwise, under any patent, copyright, trademark or other intellectual property right.
3. DISCLAIMER. THE INFORMATION CONTAINED IN THE TPM IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. CP-TA AND ITS MEMBERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INFORMATION PROVIDED IN THE TPM, WHETHER EXPRESS, IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CP-TA AND ITS MEMBERS ALSO DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE TPM, AND ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY ERRORS, OMISSIONS OR INACCURACIES CONTAINED IN THE TPM.
4. LIMITATION OF LIABILITY. NEITHER CP-TA NOR ANY OF ITS MEMBERS SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO ANY USE OF OR RELIANCE UPON ANY OF THE INFORMATION PROVIDED IN THE TPM, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT WILL CP-TA OR ANY OF ITS MEMBERS HAVE ANY OBLIGATION OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES ARISING FROM OR RELATING TO ANY USE OF OR RELIANCE UPON ANY OF THE INFORMATION PROVIDED IN THE TPM, OR FOR ANY OTHER REASON, EVEN IF CP-TA AND/OR ANY OF ITS MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES.
5. Binding Effect. This Agreement is binding on you and will inure to the benefit of CP-TA, its members, and their respective affiliates, successors and assigns.
6. Waiver. Neither failure nor delay by any party in exercising any right under this Agreement will operate as a waiver of such right. No single or partial exercise of any such right will preclude any further exercise of such right or exercise of any other right.
7. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired and will remain in full force and effect.
8. Governing Law; Jurisdiction; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement.
9. Entire Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement.
10. Notices to CP-TA and its Members. All notices or other communications permitted or required under this Agreement shall be directed to the address, facsimile, or email provided below. All such notices must be in writing in the English language and must be delivered by personal delivery, or facsimile or e-mail transmission or by commercial express courier service postage prepaid, and shall be deemed given upon personal delivery, or three (3) days after deposit with commercial express courier service, or upon acknowledgement of receipt of facsimile or e-mail transmission, whichever shall first occur.
Communications Platforms Trade Association
c/o CP-TA Administration
3855 S.W. 153rd Drive
Beaverton, OR 97006
Fax: (503) 644-6708
E-mail: admin@cp-ta.org
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSION CONSTITUTES YOUR AGREEMENT WITH AND INTENT TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE.
