Use and access of this website, and purchase of products and services offered thereon, is subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy. By accessing, viewing or otherwise using this website you are agreeing to the Terms. Please read these Terms carefully:
This website is owned by and under the control of Octavo Systems LLC (“Octavo”). Access to and use of this website and all of Octavo’s content, services, materials, information, databases and systems are subject to these Terms, any agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions). From time to time, Octavo may without advance notice: (a) supplement or make changes to these Terms, access and use procedures, documentation, or security procedures and standards for equipment, (b) change the type and location of Octavo’s system equipment, facilities or software, (c) modify or withdraw any particular service or product referred to in this website or any Octavo database, material, service or system or (d) modify the website. Any updates to these Terms shall be posted on this website, from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. Octavo reserves the right to terminate access to this website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use this website for any unauthorized or illegal purpose is strictly prohibited.
Without Octavo’s prior written consent, which consent may be given or withheld in Octavo’s sole discretion, you may not: (a) copy or adapt the HTML or other code that Octavo uses to generate its pages on the website, or otherwise resell, sublicense, rent, lease or otherwise publicly distribute any Octavo information, services or database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this website or Octavo’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this website or any Octavo information, services, database or system which you access in violation of, or post any information to any Octavo owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which violates the intellectual property rights, or misuses proprietary information, of Octavo or a third party; (d) use any device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; or (g) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of Octavo’s databases or system, or the selection, coordination or arrangement of products or services in any Octavo database.
In order to ensure your compliance with these Terms and to ensure that Octavo complies with national and international laws, Octavo may, from time to time, randomly check the messages that you send. Nonetheless, Octavo is committed to maintaining the privacy of your information, pursuant to Privacy Policy. Except as otherwise required for your purchase of product as made available on this website, Octavo does not want you to, and you should not, send any confidential or proprietary information to Octavo via the website or the email addresses referenced on the website. By providing any such information or materials to Octavo (other than information required for your purchase of Octavo’s products), you grant to Octavo an unrestricted, irrevocable, worldwide, fully-paid, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works and distribute such information and materials, and you further agree that Octavo is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Octavo.
The website and its entire contents, features, and functionality (including, but not limited to, the Octavo name, the domain, the Octavo logos, and all related trademarks including names, logos, slogans and service marks, whether registered or unregistered, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are intellectual property owned by Octavo (the “Octavo IP”), its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You hereby acknowledge and agree that you do not obtain any rights, title, or interest in, or license to use, the Octavo IP by virtue of creating an Account, purchasing any of Octavo’s products, or using the website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Octavo IP or the website, except you may download a single copy of the content displayed on this website solely for your non-commercial, personal use, provided that Octavo retains all copyright and other proprietary notices contained in the content.
No person may establish hyperlinks either to this website or away from this website without the prior written consent of an appropriate Octavo manager, which consent may be given or withheld in Octavo’s sole discretion. In its sole discretion, Octavo reserves the right to remove a hyperlink to this website or away from this website at any time and for any reason. Contact Octavo at info@octavosystems.com to obtain this consent.
Links to third party websites not under the control of Octavo may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by Octavo of the contents on such third-party websites. Octavo is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Octavo is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in websites which may be accessible via a hyperlink to or from this website or for the hyperlink itself.
If you decide to access linked third-party sites, you do so at your own risk. Octavo cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the website, since these sites are owned and operated by independent third-parties. Octavo does not endorse any of the products/services, nor has Octavo taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Octavo does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Octavo with respect to such sites. Octavo strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
All links to the website will be subject to the following requirements: (a) the link, when activated by a user, displays the website’s homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked website; and (b) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Octavo nor be such as to damage or dilute the goodwill associated with the name and trademarks of Octavo or its affiliates. Octavo reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEBSITE, ANY OCTAVO INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE OCTAVO WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, OCTAVO DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM TRANSACTIONS IN WHICH YOU PARTICIPATE USING OCTAVO’S WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL
Octavo has the right to take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the website or termination, or suspension of your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms. Octavo has the right to cooperate fully with any law enforcement authorities or any court order requesting or directing Octavo to disclose the identity or other information of anyone posting any materials on or through the website.
YOU WAIVE AND HOLD HARMLESS OCTAVO AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The website contains a comment section and interactive chat features, that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions“) on or through the website.
Any User Contribution you post to the website will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you hereby grant Octavo and our licensees, successors, and assigns a fully paid, irrevocable, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display such User Contribution (in whole or in part) for the purposes of (i) displaying on the website or other Octavo social media and marketing materials, including, making User Contributions available to other registered users; and (ii) improving the website. You also hereby grant each other user of the website a non-exclusive license to access your User Contribution through the website, and to use, reproduce, distribute, display and perform such User Contribution solely as permitted under these Terms.
You represent and warrant that you own or control all rights, including intellectual property rights, in and to the User Contributions and have the right to grant the license granted above to Octavo and our affiliates and all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Octavo, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Octavo is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the website. However, Octavo reserves the right to remove any User Contributions that are in violation of these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or Octavo products and services (collectively “Feedback”) that you provide Octavo are non-confidential and Octavo is entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. You hereby grant Octavo and Octavo licensees, successors, and assigns a fully paid, irrevocable, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display such Feedback in Octavo’s sole discretion.
The information contained herein may contain inaccuracies or typographical errors. Photographs showing use of Octavo goods for third-party products are for demonstrative purposes only, and unless otherwise stated, do not represent endorsement, sponsorship, connection or affiliation with the third-party manufacturer. While Octavo’s information and advice contained in this website have been prepared and compiled from sources believed to be reliable, Octavo makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. Octavo does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this website, nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this website or any Octavo service, database, materials or system. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Octavo reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this website or any Octavo service, database, materials or system at any time, with or without notice to you.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, OCTAVO DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT OR OTHER MATERIAL ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY OCTAVO PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY OCTAVO, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. OCTAVO MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
IN NO EVENT WILL OCTAVO OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY OCTAVO INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY OCTAVO THROUGH THIS WEBSITE, ANY INFORMATION PROVIDED IN THE OCTAVO SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER OR NOT OCTAVO IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Octavo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website, or your use of any information obtained from the website.
All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Octavo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Octavo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Policy, constitute the sole and entire agreement between you and Octavo regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
There has been multiple revisions to the OSDZU3-REF and some of the documentation is for specific revisions.
The revision of your OSDZU3-REF is printed under the fan next to the Octavo Systems logo. See the image below.
If there are multiple versions of a document make sure you select the one that matches your revision.