These Terms of Use (Terms of Use) apply to the Engineered SCADA Solutions, Inc (ESS) Website: www.scadahawaii.com. This Website is the sole property of ESS. By using this website you agree to the following terms of use. If you do not agree, do not use this website.

At any time, ESS reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use. It is your responsibility to check these Terms of Use frequently for changes. By continued use of the Website following the posting of changes, it is understood that you accept and agree to the changes. As long as you comply with these Terms of Use, ESS grants you a personal, non-exclusive, revocable, non-transferable, limited privilege to enter and use the Website.

All text, graphics, visual interfaces, user interfaces, photographs, drawings, trademarks, logos, sounds, music, artwork and computer code (hereinafter, “Content”), including but not limited to the design, display, structure, selection, and arrangement of such Content, contained on the Website is owned, controlled or licensed by, or to ESS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use and without the expressed written consent of ESS, you are prohibited from copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing in any way the Content of this Website to any other computer, server, website or other medium for publication, distribution, or for any commercial enterprise.

You are prohibited from using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content on the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not gain or attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any ESS server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Website, or any other customer of ESS, including any ESS account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ESS’ systems or networks, or any systems or networks connected to the Website or to ESS and that further, you will immediately cease any action that unreasonably or disproportionately imposes a large load on the infrastructure of the Website upon notice of such action from ESS or otherwise.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ESS on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content contained herein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ESS or others.

Any software that is made available to download from this Website ("Software") is the copyrighted work of ESS and/or its suppliers. The terms of the license agreement that accompanies or is included with the Software ("License Agreement") govern the use of the Software.

The Software is made available for downloading solely for use by end-users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other website or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, ESS hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Any Software downloaded from this Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with restricted rights. The Software is a "commercial item" as that term is defined at 48 CFR 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 CFR 12.212 (September 1995), and is provided to the U.S. Government only as a commercial end item. Consistent with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

This site may offer services or features that require you to regiser as an authorized user. You must provide the information requested by us in a complete and accurate manner as prompted by the applicable registration form. You also will be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ESS immediately of any unauthorized use of your account or any other breach of security. ESS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ESS or another party due to someone else using your user name or password. You may not use anyone else's ID or password at any time, without the express permission and consent of the account holder.

Permission to use documents such as white papers, press releases, PDF datasheets and FAQs contained on or otherwise made available from this Website is granted, provided that (1) the copyright notice below appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational use only and will not be copied or posted on any network computer or broadcast in any media without the prior, express written permission of ESS and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the scadahawaii.com Website. All elements of the ESS Website is protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ESS Website may be copied or retransmitted without the prior, express written permission of ESS.

ESS and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this website for any purpose. all such documents and related graphics are provided "as is" without warranty of any kind. ESS and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

in no event shall ESS and/or its employees, agents or respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the software, documents, or information available from this website; or provisions of or failure to provide services. The documents and related graphics published on this website may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. ESS and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time, without notice.

This Website is presented by the ESS from within the United States, and ESS makes no representation that materials in the Website are appropriate or available for use in locations outside the United States. Although this Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ESS reserves the right to limit, in its sole discretion, the provisions and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Website is void where prohibited.

Neither the Website, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (such as Cuba, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Website.

There may exist links on this website that will let you leave the ESS website. The linked sites are not under the control of ESS and ESS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ESS is not responsible for webcasting or any other form of transmission received from any linked site. ESS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESS of the site.