When you are required to open an account to use or access the Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use another person's account, username, or password at any time. You agree to immediately notify AWR of any unauthorized use of your account, user name, or password. AWR shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
4. USE OF SOFTWARE. AWR may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by AWR, for your personal, noncommercial use only. AWR does not transfer either the title or the intellectual property rights to the Software, and AWR retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
5. USER CONTENT. You grant AWR a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Services, you are granting AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of AWR, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. PROHIBITED USES. AWR imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) harvesting or otherwise collecting information about others, including email addresses; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AWR in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey all applicable federal, state, and local laws, and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. COPYRIGHT INFRINGEMENT. AWR has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. AWR has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of AWR or of a third party, or otherwise violated any intellectual property laws or regulations. AWR's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AWR to delete, edit, or disable the material in question, you must provide AWR with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AWR to locate the material; (d) information reasonably sufficient to permit AWR to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AWR's designated agent at:
c/o Legal Department
11500 N. Mopac Expressway
Austin, Texas 78759-3504
Fax: (512) 683-6913
Questions regarding the AWR Copyright Infringement Policy may be directed to the NI Copyright Agent by email to [email protected] or by phone to (512) 683-3534.
11. NO WARRANTIES. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." AWR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AWR DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from AWR are provided in separate documents. Mention of non-AWR products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
12. LIMITED LIABILITY. AWR WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF AWR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by AWR or by any third party.
Last update on May 2019.