PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE WEB SITE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, IN THE EVENT YOU DO USE THE WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEB SITE. FCD MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Use of the Web Site — You understand that except for information, products or services clearly identified as being supplied by FCD, FCD does not operate, control, or endorse any information, products, or services on the Web Site in any way. Areas of this Web Site may contain information, products or services that are not generated by or affiliated with FCD. You also agree that FCD cannot and does not guarantee or warrant files available for downloading through the Web Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or other destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data, and for maintaining a means external to the Web Site for the reconstruction of any lost data.
   

2. Warranty and User Responsibility — YOU ACKNOWLEDGE BY THE USE OF THE WEB SITE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR RELIANCE ON ANY MATERIALS, ADVICE, STATEMENT OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. FCD DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE OR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. FCD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. FCD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEB SITE. FCD DOES NOT WARRANT THE RELIABILITY OF, AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE, THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS AND OTHER INFORMATION PROVIDED THROUGH THE WEB SITE. FCD DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. THE WEB SITE AND THE INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS-IS, AS AVAILABLE" BASIS.
   
   YOU UNDERSTAND FURTHER THAT THE WEB SITE MAY CONTAIN UNEDITED MATERIALS. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. FCD HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
   

3. Damages and Risk of Loss — In no event will FCD be liable for: (1) Any incidental, consequential, or indirect damages (including but not limited to damages for loss of profits, business interruption, and the like) arising out of the use of or inability to use the Web Site, or any information, or transactions provided on or carried out over the Web Site or downloaded from the Web Site, even if FCD or its authorized representatives have been advised of the possibility of such damages; or (2) Any claim attributable to errors, omissions, or other inaccuracies in the Web Site and/or materials or information downloaded through the Web Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, FCD's liability is limited to the greatest extent permitted by law.
   

4. Copyrights and Idea Submissions — The entire contents of the Web Site are copyrighted under the United States copyright laws. The owner of the copyright is FCD, or another third-party information provider, where appropriate. You may print and/or download portions of materials from different areas of the Web Site solely for your company's use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of FCD or the third party information provider to the Web Site.
   
   You agree not to change or delete any proprietary notices from materials downloaded from the Web Site.
   
   If you supply to the Web Site any materials, including ideas, suggestions, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of FCD without compensation to the provider of the Information. None of the Information shall be subject to any obligation of confidence on the part of FCD and FCD shall not be liable for any use or disclosure of any Information.
   

5. Indemnification — You agree to indemnify, defend and hold harmless FCD, its parent company, affiliates and subsidiaries and their officers, directors, agents, licensors, suppliers, and any third party information providers to the Web Site from and against all costs, including but not limited to expenses, damages, and reasonable attorneys fees resulting from any violation of these Terms and Conditions or any activity related to your user name and password including negligent or wrongful conduct by you or any other person accessing the Web Site via your user name and password.
   

6. Termination — This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Articles 1 (Use of Web Site), 4 (Copyrights and Idea Submission), 5 (Indemnification), and 8 (Miscellaneous) shall survive any termination of this Agreement.
   

7. Export Restrictions — Information obtained from the Web Site, including software supplied by FCD and/or Web Site users, is subject to the export regulations of the United States and other countries with jurisdiction over the information. By obtaining such information you agree to not disclose, ship, transmit, or otherwise transfer such information to destinations which are unauthorized by the export regulations of the United States or other countries with jurisdiction over the information.
   

8. Miscellaneous — This Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, USA, applicable to agreements made and to be performed in Texas excluding both its rules or laws regarding choice or conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal proceeding between FCD and you for any purpose concerning this Agreement or the parties' obligations thereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Any legal action must be commenced within one year after the claim or cause of the proceeding arises or such claim or proceeding is barred. FCD's failure to insist on strict performance of any article within this Agreement shall not be construed as a waiver of any article or right. Neither the course of conduct between the parties nor trade practice shall act to modify any article of this Agreement. FCD may assign its rights and duties under this Agreement to any party at any time without notice to you.
   

9. Operating Guidelines — The Web Site is on-line communication. FCD does not necessarily screen content provided by users of the Web Site. Notwithstanding the previous, FCD reserves the right to monitor content on the Web Site and to edit, refuse to post or remove content which FCD determines to be harmful, offensive, or otherwise outside of the scope and intent of the Web Site. Emerson reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. FCD's intent is to maintain an informative and valuable Web Site that meets the needs of the users of the Web Site, and avoid the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or are otherwise harmful.
   
   Accounts and access - SupportNet is licensed on an individual (per-user) basis. Accounts may not be shared by multiple users.
   

© 2005 Emerson Process Management Flow Computer Division,
Fisher Controls International, LLC. All Rights Reserved.