Legal Information

General

  • This site is intended for use by audiences in the United States and Canada only.
  • This site does not provide device operating instructions.  For complete information on proper use of these devices, including indications, contraindications, warnings, and precautions, please refer to the operator’s manual or instructions for use supplied with the product.
  • CAUTION:  Federal (USA) law restricts this device to sale by or on the order of a physician.

Copyright and Trademarks

  • All content and images used on this site are owned or licensed by CME America, LLC or its affiliates for use on this site only. Unauthorized use is prohibited.
  • Names of CME America products and services are trademarks of CME America, LLC.
  • Nothing contained herein shall be construed as conferring any license or right under any CME America patent, copyright, or trademark.

Legal Disclaimer

Disclaimer. By using the CMEAmerica.com website, including any software and content contained therein, you agree that the use of the site is entirely at your own risk. THE SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMMUNICATION LINE FAILURE, COMPUTER VIRUS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER CME AMERICA NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE CME AMERICA WEBSITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES OR OUT OF ANY BREACH OF ANY WARRANTY. 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, THE RESPECTIVE LIABILITY OF CME AMERICA, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

CME America reserves the right to change any information, materials and services at this site at any time without prior notice.

Note: Anyone linking to CME America’s website must comply with the Guidelines for Linking to CME America’s website (below) and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

General. CME America 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.

Revised March 2013

Guidelines for Linking to CME America’s Website

Linking to CME America’s website indicates that you accept CME America’s website terms of use and legal restrictions and that you will abide by the guideline below. If you do not accept these terms and agree to abide by these guidelines, do not link to this website.

If you link to CME America’s website, you agree that you at all times may link to, but not replicate, CME America content. In addition you shall not:

  • imply that CME America is endorsing you or your products; or
  • misrepresent you or your site’s relationship with CME America; or
  • present false, misleading or inaccurate information about CME America or CME America’s products or services on your site or otherwise; or
  • use the CME America logo without express prior written permission from CME America; or
  • include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups; or
  • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or proprietary right holder; or
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the site itself or derivative works with respect thereto, as the site is copyrighted as a collective work under U.S. copyright laws.

Software Terms of Use

Thank you for licensing CME America, LLC’s Software. These are the Terms of Use (“Terms of Use”) of the Software and are a part of the Software License Agreement between the licensee of the Software (“Customer”) and CME America, LLC (“CME”). The license of the Software is made subject to these Terms of Use and the Software License Agreement (collectively, the “Agreement”).

CME grants to Customer, for the useful life of the designated product, a non-exclusive, non-transferable license, without right of sub-license, to install the current version of the Software onto one server at the Site and Customer will only permit the Users to use the Software for the designated CME Product (the “License”).

Customer acknowledges that (a) the Proprietary Materials are confidential information of CME, (b) all rights and title in and to the Proprietary Materials are vested with CME and/or CME’s third-party licensors and Customer has no ownership right in the Proprietary Materials, or any portion thereof, and (c) Customer’s right to use the Software is limited to the terms and conditions of the License. CME shall have the right to use data stored in the Software on a blinded, aggregate basis.

Customer shall not use, copy, or distribute the Software (electronically or otherwise) or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized in these Terms of Use. Customer may make one archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality and proprietary notices that appear on the original. Customer agrees not to remove any proprietary legend or notice of any Person from any copy of the Software. Neither these Terms of Use nor any other relationship or course of dealing grant Customer any right to access or use any source code of the Software. Customer shall not nor permit any third party to decompile, disassemble, reverse engineer, modify or create derivative works of the Software, directly or indirectly, or attempt to do so.  The License may not be assigned (by operation of law or otherwise) or transferred, in whole or in part, by Customer without the prior written consent of CME.

Customer agrees to pay the License Fees set forth in the Software License Agreement, payable in U.S. Dollars.  All payments due for the Software are due within thirty (30) days of the date of the applicable invoice. All unpaid amounts shall bear interest at the rate of 1.5% per month or the highest rate permitted by Colorado law, whichever is less.  All amounts due for the Software are net of all taxes (including withholding taxes), fees, assessments, charges and levies of any Governmental Authority, all of which are the sole obligation of Customer, except for taxes payable on the income of CME.

Customer shall procure, install, and operate a proper computing environment, in accordance with the minimum operating environment requirements set forth in the Software License Agreement, for the Software and shall provide proper electrical and other required utilities for such computing environment, including uninterrupted power supplies.  The Agreement does not give Customer any right to any upgrades or new releases to the Software or to any extensions or enhancements to the Software developed by CME in the future.  Customer shall not directly or indirectly transfer the Software to any destination subject to export restrictions under United States law unless such export is permitted under all applicable laws, rules and regulations of any Governmental Authority.

CME agrees to indemnify, defend and hold harmless Customer from and against any costs and damages awarded against Customer by a court of competent jurisdiction pursuant to a final judgment in favor of the owner of any valid U.S. patent, copyright, or trade secret, as a result of any claim of infringement by a third party of any such patent or copyright or misappropriation of any trade secret related to the Software (each a “Misappropriation Claim”); provided that (1) Customer promptly notifies CME in writing of such Misappropriation Claim, (2) CME has sole control of the defense of and all settlement negotiations relating to such Misappropriation Claim, (3) Customer cooperates fully in the defense of such Misappropriation Claim, and (4) Customer has paid all accrued fees owed to CME for the Software. Customer shall indemnify, defend and hold CME harmless from any claims and/or liabilities arising out of or related to personal injury and/or tangible property damage arising from or related to Customer’s use of the Software.

NEITHER THE LIMITED WARRANTY NOR THE INDEMNIFICATION SET FORTH ABOVE SHALL APPLY TO, AND CME SHALL NOT HAVE ANY LIABILITY TO CUSTOMER WITH REGARD TO, ANY CLAIM WHICH IS BASED IN WHOLE OR IN PART ON (1) THE USE OF THE SOFTWARE IN COMBINATION WITH ANY EQUIPMENT, SOFTWARE OR DATA NOT APPROVED FOR USE IN WRITING BY CME; (2) ANY MODIFICATION OR SUPPLEMENT TO THE SOFTWARE MADE BY CUSTOMER OR ANY OTHER PERSON WITHOUT CME’S PRIOR WRITTEN CONSENT; (3) THE MISUSE OF THE SOFTWARE; OR (4) DAMAGE CAUSED BY FIRE, CASUALTY OR OTHER EXTERNAL CAUSES.

CME SHALL HAVE THE RIGHT, IN LIEU OF INDEMNIFICATION, TO (1) OBTAIN FOR CUSTOMER THE RIGHT TO CONTINUE USING THE SOFTWARE IN ACCORDANCE WITH THE TERMS OF THE LICENSE, (2) MODIFY THE SOFTWARE TO MAKE THE SOFTWARE NON-INFRINGING, (3) REPLACE THE SOFTWARE WITH SOFTWARE WHICH IS FUNCTIONALLY EQUIVALENT TO THE SOFTWARE OR (4) IF THE RIGHT TO CONTINUE TO USE THE SOFTWARE CANNOT BE PROCURED OR THE SOFTWARE CANNOT BE MODIFIED OR REPLACED, CME MAY TERMINATE CUSTOMER’S RIGHT TO USE THE SOFTWARE, HAVE CUSTOMER REMOVE OR DESTROY SUCH SOFTWARE, AND PROVIDE CUSTOMER WITH A PRO-RATED REFUND OF THE LICENSE FEES PAID BY CUSTOMER (SUCH REFUND WILL BE CALCULATED AND BASED UPON A THREE (3) YEAR STRAIGHT-LINE AMORTIZATION OF THE PREVIOUSLY PAID LICENSE FEES).

IN THE EVENT OF A BREACH OF ANY OF THE LIMITED WARRANTY DURING THE PRODUCT WARRANTY PERIOD, CME SHALL, AT ITS OPTION, AND AS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY HEREUNDER, MAKE REASONABLE EFFORTS TO CORRECT SUCH NON-CONFORMITY. THIS REMEDY IS IN LIEU OF ANY OTHER REMEDY AVAILABLE HEREUNDER OR AT LAW OR EQUITY.

THE LIMITED WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES AND CME HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE AND/OR A PARTICULAR PURPOSE. IN ADDITION, CME DOES NOT REPRESENT THAT THE SOFTWARE WILL BE ERROR FREE OR OPERATE UNINTERRUPTED.

IN NO EVENT SHALL CME BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (WHETHER ARISING OUT OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES OR PROFITS OF CUSTOMER, WHETHER OR NOT CME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE PARTIES AGREE THAT CME’S AGGREGATE LIABILITY FOR DAMAGES UNDER THE AGREEMENT, INCLUDING DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOFTWARE, SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE AMOUNT OF THE LICENSE FEES PAID BY CUSTOMER FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM THAT GAVE RISE TO THE DAMAGES.

CME represents and warrants solely to Customer that CME has the right to grant Customer a license to use the Software as provided for in the Agreement and that the Software, when operated with the equipment configuration and in the operating environment specified in the Software License Agreement, will, during the Term, materially conform to the user documentation provided by CME to Customer. In addition, CME warrants solely to Customer that the digital media upon which the Software is provided to Customer will be free from defects for a period of ninety (90) days from the date of delivery of the Software. Any defective digital media will be replaced at no additional charge during such ninety (90) day period. If Customer notifies CME that any such digital media is defective after the ninety (90) warranty period, CME reserves the right to charge Customer for the replacement digital media.

Each License granted for the Software shall remain in effect for the useful life of the designated CME Product as set forth in the Software License Agreement, unless otherwise terminated.  CME may terminate the License if Customer breaches any term of the Agreement and does not cure such breach within thirty (30) days (10 days in the case of nonpayment) of receipt of written notice of such breach, or immediately on written notice in the case of breach of any of the provisions of these Terms of Use. Customer may terminate its License at any time provided that such termination shall not relieve Customer from responsibility to make any payments due under this Agreement. Any and all fees paid for the License shall be nonrefundable.

Upon any termination, all of Customer’s rights under the Agreement and the License shall terminate, and Customer shall immediately discontinue use of the Software and return or destroy all copies of the Software and all portions thereof and Proprietary Materials or portions thereof in Customer’s possession, custody or control in whichever form held (including all copies or embodiments thereof, whether or not modified or incorporated with or into other software).  Termination is not CME’s sole remedy under the Agreement and, whether or not termination is effected, all other remedies will remain available.

The Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to its conflict of law principles or the United Nations Convention on the International Sale of Goods. Any dispute, controversy or claim arising from or related to the Agreement or the Software or any other relationship or arrangement between the parties (“Action”) shall be tried by a court and not a jury, and tried solely in a court of competent jurisdiction in Jefferson County, Colorado.  Customer hereby unconditionally waives its rights to a jury trial in any such Action.  Customer acknowledges that money damages would be both incalculable and an insufficient remedy for any breach by Customer of these Terms of Use and that any such breach would cause CME irreparable harm. Accordingly, Customer also agrees that in such event, CME, in addition to any other remedies at law or in equity it may have, is entitled, without the requirement of posting any security, to equitable relief, including injunctive relief and specific performance.

Definitions.  The following capitalized terms shall have the respective meanings:

“Governmental Authority” shall mean any Federal, state, local or foreign governmental authority, agency, court, regulatory commission or other governmental body.

“Proprietary Materials” shall mean the Software and all documentation for the Software, all copies thereof, all updates, upgrades, releases, modifications and enhancements thereto (including all copyrights and all other intellectual property rights pertaining thereto).

“Site” shall mean Customer’s location at which the Software has been installed.

“Software” shall mean the Software licensed by Customer from CME as indicated in the Software License and Services Agreement, as further described in the user documentation provided by CME to Customer.

“Software License Agreement” shall mean the Software License Agreement entered into between CME and Customer for the Software.

“User” shall mean each employee of Customer at the Site who the Customer has authorized to use the Software in accordance with the terms hereof.

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