world leaders in wind turbine designs, licensing and power control systems
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms indicates that you accept them as changed.
a. GENERAL USE RESTRICTIONS. All information, documents, products, software, services and other materials (the "Materials") provided on this Site are the property and copyrighted work of American Superconductor or a third party (the "Third Party Provider"). Except as stated in these legal terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of American Superconductor or the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of American Superconductor. You also may not, without American Superconductor's prior express written permission, "mirror" any Material on any other server. Except as stated in these legal terms, nothing on this Site shall be construed as conferring, by estoppel, implication or otherwise, any license to any intellectual property rights of American Superconductor or any Third Party Provider. You are responsible for obtaining any such license.
American Superconductor grants you permission to display, copy, distribute and download American Superconductor's Materials provided that: (1) both the copyright notice identified below and this permission notice appear in such Materials, and (2) the use of such Materials is solely for internal and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any such Materials are made. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any Materials in your possession or control. Any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
b. LINKS TO OTHER MATERIALS. This Site may provide links to third party sites. The linked third party sites (including any links provided by the third party sites) are not under the control of American Superconductor, and American Superconductor is not responsible for their content. American Superconductor does not endorse any third party product or any non-American Superconductor company to which this Site provides a link. If you decide to access any such third party site, you do so at your own risk. American Superconductor reserves the right to terminate any link or linking program at any time.
c. USER CHAT ROOMS. With respect to any areas on this Site where users transmit or post communications, whether to American Superconductor, to each other or to third parties, including but not limited to chat rooms, bulletin boards or user forums, American Superconductor may, but is not obligated to, monitor or review the activity in such areas and/or the content of such communications. American Superconductor will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.
d. DISCLAIMER. ALL MATERIALS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMERICAN SUPERCONDUCTOR DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. American Superconductor may change any of the Materials at any time without notice. The Materials may be out of date, and American Superconductor makes no commitment to update the Materials. By using this web site, you agree to indemnify, hold harmless and defend American Superconductor from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.
e. USE AND ACCESS RESTRICTIONS. This Site is owned and operated in the United States by American Superconductor. If you choose to access this Site from another country, you do so on your own initiative and are responsible for compliance with local laws. Software from this Site is subject to United States export controls. No software or other technical data from this Site may be downloaded or otherwise exported or re-exported in violation of any United States export controls or other applicable laws. By downloading or using any Software or technical data, you represent and warrant that you are doing so in compliance with United States export controls and other applicable laws.
f. LIMITATION OF LIABILITY. IN NO EVENT WILL AMERICAN SUPERCONDUCTOR, ITS SUPPLIERS, OR THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT OR DIRECT DAMAGES OR THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
g. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT [OPTIONAL -- if third parties are posting content to the web site and/or are linking to other sites, add the following to qualify under the safe harbor created by the Digital Millennium Copyright Act. NOTE: Contact information of American Superconductor 's agent must be submitted to the U.S. Copyright Office. An example of a format that can be used to submit the information currently required is available at http://lcweb.loc.gov/copyright/onlinesp/agent.pdf. The contact information must be accompanied by a $20 fee, payable to the Register of Copyrights, and addressed to: Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 20024).] If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting American Superconductor's copyright agent (identified below) and providing the following information:
1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available) e-mail address.
4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6) A signature or the electronic equivalent from the copyright holder or authorized representative.
h. SUBMISSIONS. Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to American Superconductor through this web site is the exclusive property of American Superconductor. American Superconductor is entitled to use any information submitted for any purpose, without restriction (except as stated in American Superconductor 's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to American Superconductor and accepts responsibility for its accuracy, appropriateness, and legality.
i. DISCLOSURE; FORWARD LOOKING STATEMENTS. This Site may contain certain forward-looking statements that relate to American Superconductor's future business and financial performance. Such statements are subject to a number of risks and uncertainties that may cause the actual events of future results to differ from those discussed herein. Such factors include, but are not limited to: our ability to become profitable; future expenses; future results of operations; uncertainties in the market for DRM solutions and the potential for growth in the DRM market; our ability to raise capital; declining sales of our legacy products; any economic slowdown and our dependence on the cyclical software industry; present and future competition; our ability to manage technological change and respond to evolving industry standards; our ability to manage growth and attract and retain additional personnel; the long sales cycle for DRM solutions; our customers' ability to implement or integrate our DRM solutions successfully and in a timely fashion or achieve benefits attributable to our DRM solutions; limited distribution channels; dependence on strategic partners; the difficulty of protecting proprietary rights; the potential for defects in products; claims for damages asserted against us; and risks from international operations. Readers are advised to read American Superconductor's Annual Report on Form 10-K and quarterly reports on Form 10-Q filed with the Securities and Exchange Commission, particularly those sections entitled "Factors Affecting Operating Results" and "Risk Factors" for a more complete discussion of these and other risks and uncertainties. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this letter. The Company undertakes no obligation to update or otherwise release publicly the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
j. MISCELLANEOUS. These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, American Superconductor shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. American Superconductor may, at its sole discretion and without notice, revise these terms at any time by updating this posting. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by American Superconductor, as described above.