1. Confidentiality, User Submission of Information
Each area of each FT Web Property which you access by using a password or other security device contains proprietary and confidential information of FT and/or its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("FT Confidential Information"). By accessing FT Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your use of FT products and services. You also agree to be careful with this FT Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not expressly permitted by the TOU. You will not alter, decompile, disassemble, reverse engineer, or modify any FT Confidential Information that you receive.
FT discourages you from sending us any information that you consider to be confidential or proprietary to or through an FT Web Property. Please note that if you do send us any such information or material, FT will assume it is not confidential. By sending FT information or material, you grant FT an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FT is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
You are prohibited from posting or transmitting to or from an FT Web Property any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that would violate any law. You agree to indemnify FT and their directors, officers, employees, agents, and representatives from and against any and all third party demands, claims, liabilities, lawsuits, damages, costs, and expenses, including reasonable attorneys' fees, resulting from your breach of any of this provision.
2. FT Ownership Information
The information on each FT Web Property, along with the Materials (including, for example, white papers, press releases, data sheets and product descriptions), is the copyrighted work of Fuel Tech, Inc. and/or its affiliated or subsidiary companies and/or its suppliers and is protected in the United States and internationally by a variety of laws including but not limited to U.S. and worldwide copyright laws and treaty provisions, trademark laws and other proprietary rights laws. This means that you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute that information or Materials in any way without FT’s express written permission. FT grants you permission to copy or download the Materials onto a single computer so long as each copy (i) is solely for informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices in the same form and manner as on the original and (iii) displays a statement that the information and/or Materials are used solely with permission of FT. This permission automatically terminates if you breach any of the TOU.
Any software which you download or activate from an FT Web Property is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the demo or production product, as applicable, licensed by you which you are updating or changing, and by downloading or activating such software from an FT Web Property, you agree to abide by the terms of the applicable license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.
Fuel Tech, the stylized Fuel Tech logo, FUEL CHEM, the stylized FUEL CHEM logo, NOxOUT, NOxOUT CASCADE, NOxOUT-SCR, NOxOUT ULTRA, RECOVERY CHEM, TDI Targeted Duct Induction, TIFI Targeted In-Furnace Injection, TIFI XP, TIFI MP, TIFI Flux, ULTRA-5, HERT, High Energy Reagent Technology, TIFI MG, TIFI MG Hybrid, TCI™, Targeted Corrosion Inhibition™ and/or other FT products mentioned in each FT Web Property are either registered trademarks or trademarks of FT in the U.S. and/or other countries. FT's trademarks may be used publicly only with permission from FT and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners.
Except as expressly granted in this section of the TOU, FT and its suppliers do not under the TOU grant any express or implied right to you regarding the Materials or the information in each FT Web Property under any patents, copyrights, trademarks, or trade secret information.
3. Disclaimers, Governing Law and Jurisdiction
THE MATERIALS ACCESSIBLE FROM OR ON EACH FT WEB PROPERTY AND EACH FT WEB PROPERTY ITSELF ARE PROVIDED "AS IS," AND FT EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL OR FT WEB PROPERTY. IN NO EVENT SHALL FT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF EACH FT WEB PROPERTY OR THE MATERIALS OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.
Although FT has attempted to provide accurate information on each FT Web Property as a service to its users, FT assumes no responsibility for, and makes no representations with respect to, the accuracy or currency of the information. FT may change the programs or products mentioned at any time without notice to you. Mention of non-FT products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Each FT Web Property may contain indications of FT’s current plans. FT does not guarantee that any feature or product or plan mentioned in an FT Web Property will be produced, produced in the form described, or acted upon. FT reserves the right to modify its roadmaps and plans without notice. Because international information is provided on each FT Web Property, not all products or programs mentioned may be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Each FT Web Property is controlled by Fuel Tech, Inc. from its offices within the United States of America. In exchange for accessing, browsing, and/or using one or more of FT’s Web Properties, you agree that the statutes and laws of the United States and the State of Illinois, U.S.A., without regard to the State of Illinois’ conflicts of laws principles, govern the interpretation and construction of the TOU and will apply to all matters relating to the Materials or the use of each FT Web Property and that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Illinois, U.S.A.
4. Export Control
You acknowledge export of any information from each FT Web Property, including Confidential Information obtained from or through an FT Web Property (“Data”) is subject to applicable import and export laws, rules and regulations of the United States and the country where you are located, specifically including the provisions of the U.S. Export Administration Regulations (“EAR”) and the Foreign Assets Control Regulations of the U.S. Department of Treasury. You agree to comply with all such U.S. and local laws, rules and regulations applicable to the import, export, and re-export of the Data.
Without limiting the generality of the foregoing, you agree that, unless you receive prior written authorization from the U.S. Government, you shall not knowingly export or re-export, directly or indirectly, any Data to any person, company, entity or firm listed on (i) the U.S. Table of Denial Orders or the Entity List set forth in Part 744 of the EAR; (ii) the list of Specially Designated Nationals and Blocked Persons, the Specially Designated Terrorist lists and/or any other lists published by the Office of Foreign Assets Control, U.S. Department of Treasury; (iii) lists adopted pursuant to Council Regulation of the European Union; or, to any of the following U.S.-embargoed and/or sanctioned countries or nationals thereof, as may be changed from time to time by applicable U.S. law or regulations: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria. The aforementioned lists are subject to change under U.S. law and local regulations and you are responsible for maintaining compliance consistent with such changes. FT has no responsibility or liability for notifying you of changes to the U.S. export compliance laws and regulations.
5. Restricted Rights
All Materials and software downloaded from each FT Web Property are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the Materials or software, as applicable, by the government constitutes acknowledgement of FT's proprietary rights in such Materials and software.
6. Forward Looking Statements
Each FT Web Property may contain forward-looking statements. Actual results may vary materially. Please refer to Fuel Tech's filings with the Securities and Exchange Commission, including the most recent Form 10-K and Form 10-Q.
We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put in place a Privacy Statement. You should review this document before providing any personally identifiable information to a FT Web Property. Please read our Privacy Statement
8. Third-Party Statements on FT Web Site; Links
FT may, but is not obligated to, monitor or review statements made by third parties on an FT Web Property. Users or other third parties may post statements or information on some portions of an FT Web Property from time to time. FT makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. FT expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times an FT Web Property may contain links to web sites maintained by other companies, individuals or agencies which are provided as a convenience to users of an FT Web Property. These linked sites are not under the control of FT, and FT is not responsible for the accuracy of information on such sites. FT does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.
9. Applicable Laws
Each FT Web Property originates from and is maintained in the United States of America, and FT makes no representations regarding the legality of access to or use of each FT Web Property or the Materials from other countries. Any export or use of the Materials by a user of an FT Web Property must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and that use is limited as described above in Section 4 of the TOU. Access to or use of an FT Web Property and/or Materials in countries where such access or use is illegal is prohibited. Users who access an FT Web Property from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. and local country laws, rules and regulations.
10. Limitations on Use
If FT makes a request to you to promptly return or destroy any copies of information provided to you via an FT Web Property, you will comply immediately with that request and will confirm in writing to FT within ten (10) days that you have done so.