1. GRANT OF LIMITED LICENSE
2. USER CONDUCT
2.1 Username and Password.
2.2 Use Restrictions.
2.2.1 General Use Restrictions.
2.2.2 No Competitors.
You cannot access SundQUEST if you are a competitor of Sundyne or any of its affiliates. You must not permit or attempt to permit any competitor of Sundyne or any unauthorized third party to access, view, interact with, evaluate, or otherwise use SundQUEST, whether on behalf of you or any third party.
“Confidential Information” means all information and data regarding Sundyne or SundQUEST that is identified as confidential and proprietary or that you should reasonably know is confidential by the nature of its disclosure. You must not disclose Confidential Information to third parties and must protect any Confidential Information with the same degree of care as you use to protect your own confidential information, but in no event less than a reasonable degree of care. You represent and warrant that you will not use, reveal, relay, expose, make known, or provide any Confidential Information you receive through SundQUEST to any third parties (even to those third parties who already have access to the Confidential Information) for any purpose, including but not limited to leveraging lower prices from suppliers.
Compliance with Laws. In using SundQUEST, you must comply at all times with all applicable laws, rules, and regulations. You agree that you will not transfer or export SundQUEST into any country or use SundQUEST in any manner prohibited by the U.S. Export Administration Regulations or any other applicable export control law, restriction, or regulation.
3. THIRD-PARTY CONTENT
Certain links provided on this site will launch Internet sites that are not under the control of Sundyne. Sundyne provides these outside links solely as a convenience to its users and the provision of any such link is not an endorsement by Sundyne of that site or any of the contents, products, or services contained or offered therein. Accordingly, Sundyne makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
4. INTELLECTUAL PROPERTY
4.1 Data Ownership.
4.2 Feedback and Output.
From time-to-time, Sundyne may seek or you may offer comments, input, or ideas regarding your use of SundQUEST or SundQUEST’s features and functionality generally (“Feedback”). In addition, you will likely develop some output using SundQUEST, including but not limited to creating custom reports (“Output”). Sundyne welcomes your Feedback regarding SundQUEST and encourage you to use all the functions available in SundQUEST to create Output. Any Feedback that you give to us (either oral or written) or any Output that you develop using SundQUEST is Sundyne’ exclusive property. Your submission of any Feedback or development of any Output constitutes an assignment to Sundyne of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback or Output. Sundyne may use, distribute, manipulate, disclose, publish, or reproduce any Feedback or Output related to your use of SundQUEST, without notice or compensation to you.
4.3 Navigational Data.
From time-to-time, Sundyne may use technical methods to track and analyze traffic patterns on SundQUEST, such as the frequency with which you and other users are visiting various parts of the application. Sundyne may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. Sundyne may use this information or employ a third party to help Sundyne analyze this information to measure site activity, develop new ideas for improving SundQUEST, and for its business purposes.
You must not remove, alter, deface, obscure, or otherwise modify any of Sundyne’ Marks that are displayed on SundQUEST or any Output, whether those Sundyne Marks are displayed or otherwise rendered by software or on printed media. In addition, you must not adopt or otherwise use any Marks containing confusingly similar names, designs, or other indicia to Sundyne’ Marks nor dilute Sundyne’ Marks in any manner. “Marks” means all proprietary indicia, trademarks, trade names, symbols, logos, or brand names Sundyne adopts to identify Sundyne, its products, or any related parties.
4.5 IP Rights.
Sundyne retains title and all other ownership and proprietary rights in and to its IP Rights, and any and all derivative works based on the IP Rights. This ownership and IP Rights include any and all rights in and to patents, trademarks, copyrights, and trade secret rights. The IP Rights are not “work made for hire” within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not copy or reproduce all or any part of the IP Rights, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of data, presentation, style, or organization. “IP Rights” mean SundQUEST and all source code, object code, documentation (whether electronic, printed, written or otherwise), working papers, non-client data, programs, diagrams, models, drawings, flow charts, and research (whether in tangible or intangible form or in written or machine-readable form), and all techniques, processes, inventions, knowledge, know-how, trade secrets (whether in tangible or intangible form or in written or machine-readable form), developed or provided by Sundyne.
5.1 Security Protections.
SundQUEST’s security controls and practices are designed to protect the confidentiality, integrity, and availability of data that is hosted. These practices are aligned with the ISO/IEC 27002 Code of Practice for information security controls, from which a comprehensive set of controls are selected. Your access to SundQUEST is through a secure communication protocol provided by Sundyne.
5.2 Backup Your Content.
You must back up, to your own computer or other device, any data or other content that you input into via SundQUEST. Sundyne does not guarantee or warrant that any content you input or access through SundQUEST will not be subject to inadvertent damage, corruption, or loss.
Any quotes prepared through SundQUEST are estimates based on the data entered by you into SundQUEST. We reserve the right to change pricing, delivery times, and other terms if the data entered is incorrect or changes. All quotes are subject to our standard terms and conditions located at https://www.sundyne.com/Terms-and-Conditions-of-a-Sale and subject to the specifications set forth on any order. ANY QUOTE IS EXPRESSLY LIMITED TO AND EXPRESSLY MADE CONDITIONAL ON YOUR ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN BY REFERENCE. SUNDYNE OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. SUNDYNE RESERVES THER RIGHT TO CHANGE THE TERMS AND CONDTIONS AT ANY TIME WITHOUT NOTIFICATION.
8.1 Sundyne’s Right to Terminate.
8.2 Effect of Termination.
Upon termination, Sundyne will disable your username and password. You must not attempt to access or use SundQUEST or represent in any form that you have access to SundQUEST.
9. ASSIGNMENT AND SUCCESSORS
Sundyne may assign any of its rights or obligations under this License. You may not assign any of your rights or obligations under this License without Sundyne’ prior written consent, and any purported assignment by you without Sundyne’ prior written consent is void. Subject to the previous sentence, this License will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.
11. NO WARRANTIES
SUNDQUEST AND ITS CONTENTS ARE PROVIDED “AS IS” AND “WHERE IS”, WITHOUT ANY WARRANTIES OF ANY KIND. SUNDYNE DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUNDQUEST OR OTHERWISE REGARDING THIS LICENSE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROADLANE DOES NOT GUARANTEE OR WARRANT THE COMPLETENESS, ACCURACY, SUITABILITY, QUALITY, OR CURRENCY OF SUNDQUEST OR THAT YOUR USE OF SUNDQUEST WILL BE UNINTERRUPTED OR FREE FROM HACKING ATTACKS, VIRUSES, OR OTHER MALFUNCTIONS. USE OF SUNDQUEST IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK. SUNDYNE makes no representation or warrantY whatsoever with respect to the compatibility of SUNDQUEST or any future releases with any computer hardware or software, nor does SUNDYNE represent or warrant the continuity of the features provided by or through SUNDQUEST between various releases.
12. LIMITATION OF LIABILITY
SUNDYNE HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR INACCURACIES IN SUNDQUEST THAT COULD CAUSE FAILURES, CORRUPTION, OR LOSS OF DATA OR INFORMATION OR ANY OTHER DAMAGE TO YOUR SYSTEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF SUNDQUEST, INCLUDING WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF OR ANY DAMAGE TO YOUR COMPUTERS, EQUIPMENT, DEVICE, PERIPHERALS, SOFTWARE, DATA, OR INFORMATION.
13. INTERNATIONAL USERS AND JURISDICTION
This site is maintained and controlled by Sundyne in the State of Illinois United States of America. Sundyne makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to this site from territories where this site’s contents are illegal is prohibited. If you access this site from locations outside the United States, you are responsible for compliance with all local laws. The laws of the State of Colorado shall govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof. Information contained in this website may be subject to U.S. government export controls. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations and administrative acts. Prior to the disclosure of information presented on this website to any foreign national, the recipient will obtain any such approvals in a manner consistent with the terms and conditions of this agreement.
14. SURVIVING PROVISIONS
Sections: 2.5 (Confidentiality), 3 (Content-Specific Terms and Third-Party Content); 4 (Intellectual Property), 10 (Surviving Provisions); and Exhibit A will survive any termination or expiration of this Agreement and continue in full force and effect.