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TERMS OF USE

IMMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site

Active Power authorizes you to view and download the materials at this Web Site (“Site”) only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to Active Power.

Use of Software

Use of all software that you download from this Site (“Software”) is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact Active Power for the applicable software license agreement. You may not use any Software until you have read and accepted the terms of the applicable software license agreement.

Intellectual Property

Active Power respects the intellectual property rights of others, and we ask our users to do the same. Active Power software and material on the Site is protected by copyright and other intellectual property laws. When Active Power Software or materials may be used to reproduce software or other materials belonging to others, you may use Active Power software and materials only to reproduce materials that you are authorized to reproduce in accordance with the terms of any applicable license or other legal restrictions.

User Contributions

Any information or material (“Communications”) that you transmit to this Site is considered non-confidential. Active Power has no obligations with respect to the Communications, and Active Power is free and you authorize Active Power to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for all and any purposes. Active Power reserves the right, in its sole discretion on a case by case basis, to remove, reject or otherwise modify any such Communications or any portion(s) thereof. Active Power may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. Active Power, however, has no liability related to the content of any such Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ACTIVE POWER DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

For information on Active Power’s Copyright Infringement Policy, please see below.

Your Conduct

In the areas on the Site where users transmit or post Communications, you are prohibited from:

  1. Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  2. Uploading files that contain viruses, corrupted files, or any other similar software programs that may damage the operation of another’s computers
  3. Advertising or offering to sell or buy any goods or services
  4. Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  5. Restricting or inhibiting any other user from transmitting or posting Communications
  6. Harvesting or otherwise collecting information about others, including e-mail addresses.

By transmitting any such Communications, you warrant that: (a) you have full authority to transmit Communications; (b) your are the sole owner of the Communications and/or such Communications constitutes material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (i) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy, (ii) contain any scandalous, libelous, or unlawful matter, and (iii) contain any formula, process, instruction or other material that is injurious to a person or property.

Links to Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Active Power does not control and is not responsible for any of these sites or their content. Thus, Active Power does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Operation of the Web Site

Active Power will use reasonable commercial efforts to keep the Site available for access on a 24 hour a day, 7 days a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and interrupted. Further, Active Power does not warrant that operation of the Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components. You (and not Active Power) assume the entire cost of all necessary servicing, repair or correction of your property.

Disclaimer

THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS”. ACTIVE POWER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 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 Active Power are provided in separate documents. Mention of any non-Active Power products or services is for informational purposes only and constitutes neither an endorsement or a recommendation.

Limitation of Liability

ACTIVE POWER 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 ACTIVE POWER 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.

Applicable Laws

Active Power administers this Site from its offices in Austin, Texas. Active Power makes no representation that materials from this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do soon your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

Use of Press Materials

If you are a news publication agency, Active Power grants to you and you accept from Active Power a limited non-exclusive, world-wide license and right to copy, distribute and publish, and display (collectively referred to as the “Use”) datasheets, images, press materials, white papers, and FAQs that Active Power supplies to you through this Web site (collectively, “Copyrightable Works”). A news publication agency is defined as an organization whose primary function is summarizing and analyzing news and which publishes, on a regular periodic basis, media containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to Active Power. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies. Notwithstanding the rights granted to you above, in no event may you Use the Copyrightable Works in any manner that (in Active Power’s opinion) defames, tarnishes, or otherwise injures the reputation of Active Power.

Use Limitation

If you are an entity other than a news publication agency, you agree to notify Active Power in writing of: (1) the name or description of the requested Copyrightable Works; (2) your intended use of the requested Copyrightable Works; (3) the type and/or name of the publication you intend to create; and (4) any modifications or alterations you intend to make to the requested Copyrightable Works.

You agree not to use the Copyrightable Works without Active Power’s prior written approval, which may be given or withheld by Active Power in its sole discretion on a case-by-case basis. Active Power may, in its sole discretion on a case by case basis, impose further limitations or restrictions on your use of such Copyrightable Works or require you to pay fees, costs, and/or royalties (collectively, “Fees”) in connection with delivery or use of such Copyrightable Works.

Notwithstanding the rights that may be granted to you by Active Power as described above, in no event may use the Copyrightable Works in any manner that (in Active Power’s opinion) defames, tarnishes, or otherwise injures the reputation of Active Power. Active Power reserves the right to impose further limitations or restrictions that Active Power feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works.

General

Active Power may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Trademarks

“Active Power” refers to Active Power and all of its subsidiaries, business units and divisions worldwide. Active Power trademarks refers specifically to Active Power registered and non-registered trademarks in the United States and other countries, including, but not limited to, the following:
Active Power, CleanSource DC, CleanSource UPS, CoolAir, CleanCare, CSView, Reliable, Efficient and Green.

The Active Power logo consists of a red stylized flywheel with the words Active Power.

Logos and Linking

For information on Active Power’s logo program, or to request permission to use any of Active Power’s trademarks, or to request permission to link to Active Power’s web site at activepower.com, please contact webmaster@activepower.com.

Revised: April 8, 2007

TERMS OF COPYRIGHT INFRINGEMENT CLAIMS

Active Power is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user account and remove or modify any content on our website in our discretion.

You may notify Active Power in writing by providing the following information to our designated agent, as required by 17 U.S.C. SS.512. If you believe you have a copyright infringement claim resulting from material posted on this website:

  1. An electronic or physical signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number and your email address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your written notification to our designated agent who may be contact as follows:

Copyright Agent
c/o Chief Financial Officer
Active Power, Inc.
2128 West Braker Lane, BK12
Austin, TX 78758
Fax: (512) 836-4511
jpenver@activepower.com

Questions regarding Active Power’s Copyright Infringement Policy may be directed to Active Power by email to jpenver@activepower.com or by phone at (512) 836-6464

Revised: April 8, 2007.