SHI Website Terms and Conditions of Use

SHI International Corp. ("SHI") and its affiliates make available information, materials, and products on this Website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. SHI reserves the right to change these terms and conditions from time to time at its sole discretion and without notice. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or use this Website.

SHI may change these Terms of Use and other guidelines and rules posted on the Website from time to time at its sole discretion. Your continued access or use of the Website, or any materials or services therein, constitutes your acceptance of the changes.

The information on this Website is protected by law, including the law of copyright: Copyright © 2001-2017 SHI International Corp., All Rights Reserved. Except as specifically permitted herein, no portion of the information on this Website may be reproduced in any form or by any means without prior written permission from SHI.

The following activities are also expressly prohibited without SHI's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

SHI may block, restrict, disable, suspend or terminate your access to all or part of the Website, services and materials at any time in SHI's sole discretion, without prior notice or liability to you.

The SHI Website contains links to, and content from, third-party Websites, which are not under the control of SHI. SHI makes no representations whatsoever about any other Website or content from any other Website to which you may have access through the SHI Website. When you access a non-SHI Website or content from a non-SHI Website, you do so at your own risk and SHI is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. SHI expressly disclaims any potential liability associated with any such information, and such information is not incorporated by reference into this Website. SHI provides such links and content merely as a convenience, and the inclusion of such links and content does not imply that SHI or its management endorses or accepts any responsibility for the content from or uses of such Websites. By accessing content from, or clicking on any hyperlinks to, third-party Websites on this Website, you acknowledge and agree to the foregoing limitations.

Except as otherwise indicated elsewhere on this site, you may view, copy, print and distribute documents available on this Website subject to the following conditions:

• The document may be used solely for informational purposes;
• The document may not be modified or altered in any way;
• Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
• SHI reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from SHI.

All other rights, title and interest not expressly granted are reserved. Use for any other purpose is expressly prohibited by law. Documents specified above do not include the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SHI, ALL INFORMATION AND SOFTWARE ON, OR ACCESSIBLE THROUGH, THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. SHI ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL SHI BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED IN THIS WEBSITE, AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. SHI MAY CHANGE THE PRODUCT(S), PRICES, AVAILABILITY, AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.

This Website can be accessed from other countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that the licensor of such products intends to announce such products, services or programs in your country. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

Unless otherwise explicitly stated herein, any non-personal information or material sent to SHI will be deemed NOT to be confidential. By sending SHI any non-personal information or material, you grant SHI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that SHI is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, SHI will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

See Privacy Statement for SHI's Privacy Statement, which will apply to these Terms of Use.

All software and hardware products, information, or publications ("Products") purchased, downloaded or accessed ("Acquired" or "Acquiring") from the SHI Website are subject to United States export controls. No Products Acquired through the SHI Website may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (collectively, "Prohibited Entities"). By Acquiring Products from the SHI Website you are agreeing to the foregoing, and you are warranting that you are not located in, under the control of, a national or resident of, or transferring any Product to a Prohibited Entity, nor otherwise in violation of U.S. export laws or regulations, nor in violation of any applicable local laws or regulations.

With respect to any acquisition of any Product by or for any unit or agency of the Federal, State or Municipal Government (the "Government"), the Product shall be classified as "Commercially Available Off-The-Shelf (COTS)" items, as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). All Products sold through the SHI Website were developed entirely at private expense, and no part of such Product was first produced in the performance of a Government contract. If the Product is supplied for use by the DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than the DoD, the Product is restricted computer software or hardware delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable.

If you export or re-export any Product Acquired from the SHI Website, then you are solely responsible for ensuring that such Products are exported and imported in accordance with the requirements of the country-specific trade compliance regulations as well as the US Export Administration Regulations (EAR) Products redirected outside the USA by a freight forwarder cannot be returned to the OEM or SHI.

The reseller is SHI International Corp., having an office and place of business at 290 Davidson Avenue, Somerset, New Jersey, 08873

This Website (excluding linked sites) is controlled by SHI from its offices within the Unites States of America. By accessing this Website, you and SHI agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of New Jersey and United States of America, excluding: (1) conflict of law principles thereof; (2) the United Nations Convention on Contracts for the International Sale of Goods; and, (3) the Uniform Computer Information Transactions Act ("UCITA"). You and SHI also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of the State of New Jersey with respect to such matters. SHI makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of SHI or other third parties. You are not permitted to use the Marks without the prior written consent of SHI or such third party which may own the Marks. "SHI" and the SHI logo are trademarks of Software House International, Inc.

As a condition of your use of the Website, you agree to not use the Website or any information contained within for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any of the Website, other accounts, computer systems or networks connected to any SHI server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

In the event you access or use the Website or associated services or materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that SHI would be irreparably harmed thereby and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that SHI is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). SHI may without restriction block, filter or delete unsolicited e-mail.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. SHI reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

You agree to indemnify and hold SHI and its directors, officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Website (including a third party's use of such materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the Website, services or materials (including any use by your employees, contractors or agents, and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Website or any services or materials); (c) your connection to the Website, services or materials; (d) your violation of these Terms of Use; (e) your infringement of any third party's Intellectual Property Rights when using any of the IP made available on the Website, services or in any materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Websites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Website, services or materials.

The software and accompanying documentation that are made available to download from this Website are the copyrighted work of SHI and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, which accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorized to use the software.

The SHI Website attempts to display product images shown on this Website as accurately as possible. However, we cannot be responsible for photographic differences in size, shape and color of the products, as the display of the color depends, in part, upon the monitor you are using.

The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SHI will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with SHI's Return Policy.

We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items on this Website may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you of such cancellation. SHI is not responsible for, and will not honor, pricing mistakes, and SHI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, until the order is confirmed by SHI.

The SHI Resale Terms will apply to products purchased through the SHI Website.

SHI attempts to be as accurate as possible. However, SHI does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by SHI is not as described, your sole remedy is to return it in unused condition in accordance with the aforementioned Resale Terms.

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Website or in connection with the materials and services constitute the entire agreement between SHI and you with respect to your access to or use of the Website, materials and services superseding any prior agreements between you and SHI on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and SHI regarding the use of specific services or materials (including service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other SHI services, third-party content, or third-party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without SHI's prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by SHI to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Please see SHI's Modern Slavery Act Transparency Statement located here: https://www.content.shi.com/SHIcom/ContentAttachmentFiles/PDF/Modern_Slavery_Act_Transparency_Statement.pdf