Legal Information

Copyright
©2012 Panda Communciations, INc. 

Safety Product Content is provided by Panda Communications, Inc., Inc. All Safety Product Content is protected under the Millennia Copyright Act of 2001. Content cannot be copied, transferred or reproduced in any way. For information on obtaining Safety Content, contact 262-754-8934. Content included in this site is for the non-exclusive use of the distributor. Panda Communications, Inc. has granted the distributor the use of such content for use within this site only.

Software copyright © 2002-2012 Panda Communications, Inc., Inc. All rights reserved.

All software is the property of Panda Communications, Inc., Inc. or its software suppliers and is protected by U.S. and international copyright laws and treaty provisions.

Disclaimer
This website software is provided by Panda Communications, Inc., Inc. on an "as is" basis. Panda Communications, Inc. makes no representations or warranties of any kind, expressed or implied, as to the operation of the site. Panda Communications, Inc., to the full extent permissible by applicable law, disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Panda Communications, Inc., Inc. will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages or any damages resulting from reliance on the content or information provided, loss of profits, lost data, or loss of use, even if advised of the possibility of such damages in advance.

Applicable Law
The laws of the State of Wisconsin will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Panda Communications, Inc., Inc. reserves the right to make changes to the website and to these disclaimers, terms and conditions at any time.

Panda Communications, Inc. Limited User License

Definitions:

(i) "You" and "LICENSEE" refers to the person, entity or organization which is using the software and source code known as Panda Communications, Inc. Limited Source License, and any successor or assignee.

(iii) Panda Communications, Inc. is the application and source code which accompanies this License, and which allows for the creation, use, maintenance and modification of the source codes that are specifically provided in the license.

(iv) "Internet Domain" is a symbolic name assigned by a valid Internet Naming Authority such as the service managed by Network Solutions.

(ix) "Named User" is a designated person in a business entity.

1. This license is for the downloading, acquisition and use of Panda Communications, Inc.. By downloading, acquiring and using Panda Communications, Inc., YOU expressly agree to abide by this License.
2. This license is between LICENSEE and Panda Communications, Inc.. LICENSEE acknowledges that Panda Communications, Inc. is granting and has granted this license in reliance upon representations made by LICENSEE and LICENSEE warranties the truthfulness and accuracy of such representations. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. Panda Communications, Inc. has the sole and unqualified right to refuse to license any person or entity for any reason, except for reasons which are specifically prohibited by state and national laws and statutes.
3. Subject to the terms and conditions of this License, Panda Communications, Inc. grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization (“Named User”) a personal, nonexclusive, non-transferable and limited license to use Panda Communications, Inc..
4. Panda Communications, Inc. contains valuable proprietary rights of Panda Communications, Inc.. There is no transfer to LICENSEE of any title to or ownership of Panda Communications, Inc. and there is no transfer to LICENSEE of any copyright, trade name, trade secret, source code, or other proprietary rights relating to Panda Communications, Inc., regardless of the form that Panda Communications, Inc. exists in. LICENSEE may not violate these rights, and LICENSEE must take all appropriate steps to protect the rights of ESAFETY STORE. Panda Communications, Inc. may at any time replace, modify, alter, improve, enhance, or change Panda Communications, Inc. without prior notice.
5. LICENSEE understands and agrees that by agreeing to this License, LICENSEE is "opting in" to a mailing list. Panda Communications, Inc. will use information supplied by LICENSEE to contact LICENSEE with marketing and technical information in a variety of ways including, but not limited to, electronic mail, postal mail, telephone and fax. If LICENSEE does not wish to receive marketing and/or technical information from Panda Communications, Inc., LICENSEE may use systems provided by Panda Communications, Inc. to "opt out" of the mailing list.
6. Any license, right, or permission to use Panda Communications, Inc. is automatically revoked if LICENSEE breaches any term or condition of this License. LICENSEE agrees that in the event of a breach of this License, and upon the demand thereof by Panda Communications, Inc., LICENSEE will immediately return any physical copies of Panda Communications, Inc.. LICENSEE agrees that monetary damages alone is not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that LICENSEE will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Panda Communications, Inc. in the event of a breach of this License. Panda Communications, Inc. shall not be required to notify LICENSEE of any breach, nor make any demand or claim against LICENSEE resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and LICENSEE agrees that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Panda Communications, Inc. to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice Panda Communications, Inc. in any later enforcement of its rights or rights to seek damages therefrom.
7. Panda Communications, Inc. will not be liable for (a) any bug, error, omission, defect, deficiency, or nonconformity to Panda Communications, Inc.; (b) implied merchantability or fitness for a particular purpose; (c) implied warranty relating to course of dealing, or usage of trade or any other implied warranty whatsoever; (d) claim of infringement; (e) claim in tort, whether or not arising in whole or part from Panda Communications, Inc.’s fault, negligence, strict liability, or product liability, or (f) claim for any direct, indirect, incidental, special, or consequential damages, or loss of data, revenue, licensees goodwill, or use. Panda Communications, Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Panda Communications, Inc. further expressly disclaims any warranty or representation to authorized users, or any third party. In no case shall Panda Communications, Inc.’s liability exceed the price that licensee paid for kit.
8. LICENSEE agrees that venue lies in the City of Butler, Wisconsin, County of Waukesha, USA.
9. This License Agreement shall be governed by the laws of the State of Wisconsin, USA. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms. In the event any party is required to seek judicial enforcement regarding any terms of this License, or to seek a judicial interpretation regarding any terms of this License, the party deemed by the court to be the prevailing party shall be entitled to, in addition to its costs and damages, reasonable attorney's fees and costs as determined by the court.
10. LICENSEE acknowledges that Panda Communications, Inc. may be subject to United States export controls, pursuant to the Export Administrations Regulations, 15 C.F.R. Parts 768-799. LICENSEE shall comply strictly with all requirements of the Export Administration Regulations regarding use of Panda Communications, Inc..
11. This License Agreement constitutes the entire and sole agreement between LICENSEE and Panda Communications, Inc., and is agreed to and entered into on the date the LICENSEE downloads or implements Panda Communications, Inc., whichever date is earlier.