TERMS OF ACCESS AND USE
Last Updated January 4, 2012

The following terms of access and use (“Terms”) apply to your use of any and all of the Advanced Energy Industries, Inc. (“AE”) websites (collectively the “Site”). The Site is operated by AE from its offices in Colorado, USA. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse, or otherwise use the Site.

AE may revise these Terms at any time without notice by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site and this page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the "last updated" date at the top of these Terms.
These Terms do not alter the terms and conditions of any other agreement you may have with AE for products, equipment, software, services, or otherwise, unless otherwise directed by AE. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of the Site.

Please read the AE Privacy Policy, which is incorporated herein by reference. By using the Site, you agree to be legally bound by the AE Privacy Policy, which discusses and governs our collection and use of any information you submit to us through the Site.

Use Restrictions

Copyright. The Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files, and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Advanced Energy Industries, Inc. © 1997-2012, ALL RIGHTS RESERVED, or its licensors. Permission is granted to display, copy, distribute, and download the Materials on the Site for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site for commercial use without prior written approval from AE. You may not “frame” or “mirror” any Material contained on the Site on any other server without prior written permission from AE. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered U.S. trademarks of AE or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of AE or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AE or the Trademark owner. Nothing in the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission from AE or the Trademark owner. Misuse of the Trademarks displayed on the Site is strictly prohibited.

Third-Party Websites. Links to third-party websites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. AE does not control and is not responsible for these sites, their content or their policies, and your use of such third-party sites is subject to their respective terms of use and privacy policies. AE does not endorse or make any representations about third-party sites 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 the Site, you do so entirely at your own risk.

User Submissions. Certain areas of the Site enable you to submit e-mails or otherwise provide feedback or information to AE. You agree that by submitting content:
  1. You will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer;
  2. You understand and agree that such content will be deemed non-confidential; and
  3. You grant to AE the irrevocable right to use, copy, modify, publish, perform, transmit, and display such content via any media in accordance with AE's Privacy Policy and waive any moral rights you may have in such content. Subject to AE's Privacy Policy, AE shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content for any reason whatsoever.

 

Solar String Calculator

Your use of the Solar String Calculator located on the Site at http://solarenergy.advanced-energy.com/StringCalculator.aspx (the “Calculator”) is subject to the terms of this Section in particular, and the Terms in general.

AE provides the Calculator as a no cost convenience to you to be used merely as a tool in calculating the number of modules to install in series and the number of strings to install in parallel. The Calculator is only a tool, and has been provided for informational use only, on an "as is" basis; your use of the Calculator is at your own risk. The results provided by using the Calculator are based entirely upon the information and input of each individual user. AE does not warrant or guarantee the accuracy or completeness of the information or results provided by the Calculator. By using the Calculator, you acknowledge that AE is not responsible in any way for the results generated by the Calculator, and the disclaimers in the paragraph called “Disclaimer of Warranties” apply to use of the Calculator. Each individual user has the sole responsibility to verify the input values and design of any solar array system with a certified installer and AE has no liability for any results generated from the use of the Calculator. You assume all liability and responsibility for determining the requirements for your solar array as well as the compatibility of an AE product, such as the Solaron® or PVP inverter. AE does not provide solar array design advice, and nothing in these Terms or arising from the results of the Calculator should be construed as solar array design advice.
AE grants you the non-exclusive right to use the Calculator solely for your internal business use. The Calculator and all worldwide intellectual property rights therein, are the exclusive property of AE. Your use of the Calculator is entirely at your own risk.

 

Information, News, and Press Releases

The Site contains information, news, and/or press releases about AE. While this information was believed to be accurate as of the date it was prepared, AE disclaims any duty or obligation to update this information, news, or any press releases. Information about companies other than AE contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by AE.

Securities Laws

The Site may include statements concerning AE’s operations, prospects, strategies, financial condition, future economic performance, and demand for AE’s products or services, as well as its intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of AE’s securities-related filings or documents.

Security

The Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to AE is done so at your own risk.

Disclaimer of Warranties

THE SITE, INCLUDING ALL SOFTWARE, THE CALCULATOR, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. AE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONALITY ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. AE DOES NOT WARRANT THAT THE SITE, THE MATERIALS, OR THE SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT WILL AE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold AE, our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.

Violations

AE reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site.

Location, Governing Law and Venue

The Site is operated by AE from its offices in Colorado, USA.  The law of the State of Colorado shall govern these Terms, without reference to its choice of law rules.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Larimer, Colorado (the "Colorado Courts") for any litigation or dispute arising out of or relating to these Terms and agree the Colorado Courts represent the exclusive jurisdiction for all disputes relating to these Terms.  AE makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

Contact Information

If you have any questions or comments regarding these Terms, please send us an e-mail at support@aei.com