Site Terms and Conditions

Welcome to the Rochester Institute of Technology's (RIT) Process Assessment for Industrial Robots (PAIR) website, www.roboteval.com (Site).

Please read these Terms of Use (Terms) carefully before you access/use the Site or participate in any newsgroup, bulletin board, mailing list, or any other interactive online forum available at or through roboteval.com. Accessing or using the Site automatically means that you have read the Terms and have agreed to be bound by and comply with them. If you are unwilling to be so bound, please promptly exit the Site. RIT reserves the right to modify the Terms at any time by posting an update at the Site or elsewhere online at an RIT site. You should visit this page periodically because use of the Site after we post any changes to the Terms indicates acceptance of those changes.

Content
Our Site contains information about industrial robotic systems, tooling and information relevant to robotic implementation decision makers such as return on investment calculations, common off the shelf robots and end of arm tooling, a proprietary assessment tool, dashboards, reports, and other helpful resources. Our Site may provide personal pages created and maintained by members of the RIT community and interactive forums for the exchange of ideas and opinions. It also may contain links to third party websites.
Proprietary Rights
Everything on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and U.S. and international laws. Unless otherwise indicated, you may print or download one copy of material available from our Site on any single computer for use in accordance with the Terms. You may not copy, modify, transmit, distribute, sell, license, publicly display or perform, publish, edit, or create derivative works from material on our Site. You may not alter or remove any trademark, copyright or other notice from anything on our Site.
Rules of Use
You may use our Site for lawful business purposes only. You may not upload, post, transmit, or distribute any material to or through our Site that (a) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or otherwise objectionable; (b) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party; (c) constitutes unauthorized or unsolicited advertising, excessive messaging or transmission threatening server capacity, junk or bulk e-mail, chain letter, any other form of unauthorized solicitation, or any form of lottery or gambling; (d) constitutes or encourages conduct that could constitute a criminal offense, cause civil liability, or otherwise violate any local, state, national, or international law or regulation; (e) contains a virus or any other code or program designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of ours or any third party; (f) or impersonates any person or entity or misrepresents any affiliation with any person or entity.
Except as noted below with respect to beta testing, you grant us the right to use, reproduce, display, perform, adapt, modify, and distribute in any form, media, or method now known or hereafter devised, for any purpose, any material you submit or post through any interactive feature of our Site, including message services or bulletin boards.
Although we do not monitor or edit the material posted by users that may be available on this Site, we reserve the right to remove any material that we determine does not comply with the Terms or that we consider to be otherwise harmful, objectionable, or inaccurate; however, we are not responsible for any failure or delay to remove such content.
You may provide a hypertext link to the Site on another web site provided it is a text-only link clearly marked "www.roboteval.com" which points to the top level page and not to other pages within the Site, and which displays the Site "full-screen" and not within a "frame" on the linking web site. Further, the appearance, position and other aspects of any link to the Site must not damage or dilute the goodwill associated with our name, trademarks, and service marks or create the false appearance that we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
PAIR Tool Beta Test Terms and Conditions
Our Site provides access to a Process Assessment for Industrial Robots (PAIR) Tool for use, testing, and evaluation. Use of the PAIR Tool is subject to the Terms as well as the additional PAIR Tool Beta Test Terms and Conditions set forth below. RIT provides access to the PAIR Tool solely on the terms and conditions set forth herein. Accessing or using the PAIR Tool automatically means that you have read the Site’s Terms, as well as the PAIR Tool Beta Test Terms and Conditions, and have agreed to be bound by and comply with them.
1. Definitions
  The following definitions apply to these PAIR Tool Beta Test Terms and Conditions:
  “Participant” means you, the person or entity that will be testing the PAIR tool.
  “Participant Data” means any electronic data, information or material provided or submitted by the Participant in the course of using the PAIR Tool.
  “Participant Infrastructure” means any information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Participant or through the use of third-party services, on which Software is installed or will be installed.
  “Test Period” shall mean the period beginning the first business day after the Participant accepts these terms and conditions and ending 90 (ninety) days thereafter.
2. Provision of PAIR Tool to Participant
  In return for Participant’s agreement to provide feedback and comments concerning the PAIR Tool, RIT shall provide to Participant limited access during the Test Period to the PAIR Tool for Participant’s testing and evaluation purposes only and subject to the general terms of the Site, as well as these PAIR Tool Beta Test Terms and Conditions.
3. Limitations on Use of PAIR Tool
  Participant may use and access the PAIR Tool only for evaluation and feedback purposes and for its own internal business purposes in accordance with these PAIR Tool Beta Test Terms and Conditions. Participant shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the PAIR Tool, modify, translate, or create derivative works based on the PAIR Tool; copy for any purpose, rent, lease, download, transmit, distribute, pledge, assign, or otherwise transfer or encumber rights to the PAIR Tool. Participant shall not permit any contractor of Participant, nor any other third party to do any of the foregoing.
4. Use of PAIR Tool is at Participant’s Risk
  Participant expressly acknowledges and agrees that its use and access of the PAIR Tool is at its own sole risk. Participant understands that the PAIR Tool may have errors, be incomplete, and may produce unexpected results. Participant agrees to backup data and take other appropriate measures to protect its programs and data and systems.
5. Disclaimer of Warranties for PAIR Tool
  The PAIR Tool is provided AS IS and RIT makes no warranties either express or implied, as to the PAIR Tool, or any other matter whatsoever, and disclaims all implied warranties, including all implied warranties of merchantability, fitness for any particular purpose, title, non-infringement and the accuracy, completeness or fitness of any data or services provided or processed pursuant to these terms and conditions. Without limiting the foregoing, RIT does not warrant that the PAIR Tool or the services will meet any or all of Participant’s business requirements or will operate in a particular computer environment or that the operation of the PAIR Tool or the services will be uninterrupted or error-free. In no event shall RIT be liable for any direct, special, indirect, incidental, consequential, punitive or exemplary damages, loss of profits, or loss of goodwill, including but not limited to damages or loss due to lost data, lost profits or lost savings, arising out of or in connection with the use or inability to use, or the performance or lack thereof, of the PAIR Tool or services, even if participant has been advised of the possibility thereof. RIT’s entire liability for any claim arising hereunder shall not exceed ten U.S. dollars ($10.00 U.S.).
6. Participant Feedback
  Participant agrees, upon request, to provide feedback to RIT and/or its designated beta testing collaborator, Oak Moss Consulting (Oak Moss), about the PAIR Tool. Participant shall keep its feedback confidential and not disclose the feedback to any other person or entity other than RIT and/or Oak Moss. Participant agrees that the contents of all oral and written reports and feedback to RIT and/or Oak Moss and any other materials, information, ideas, concepts, and know-how provided by Participant (including corrections to problems or issues with the PAIR Tool) (collectively, Improvements) become the property of RIT and may be used by RIT for any and all business purposes, without any accounting or any payment to Participant. Participant agrees to assign and hereby does assign all Improvements conceived, communicated, or provided to RIT during the Test Period. All feedback and Improvements described hereunder shall be considered the confidential information of RIT.
7. Ownership of PAIR Tool
  Participant acknowledges that the PAIR Tool (PATENT PENDING), together with all of the intellectual property and proprietary rights embedded within or arising from the PAIR Tool are the sole and exclusive property of RIT. Participant acquires no ownership interest in the PAIR Tool from these PAIR Tool Beta Test Terms and Conditions or its use of the PAIR Tool hereunder except for its limited use and access rights during the Test Period.
8. Participant Data and Security of Systems
  During use of the PAIR Tool under these PAIR Tool Beta Test Terms and Conditions, Participant may enter Participant Data into the PAIR Tool and/or the PAIR Tool may collect Participant Data. The parties acknowledge that the Participant Data may include proprietary or confidential information. Participant Data will be used solely for internal development of the PAIR Tool. RIT reserves the right to share Participant Data with Oak Moss solely for that purpose. RIT and Oak Moss will not share Participant Data with any other parties without express written permission.
  While using the PAIR Tool under these PAIR Tool Beta Test Terms and Conditions Participant has and will retain sole responsibility for: (a) Participant’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Participant or through the use of third-party services; (b) the security and use of Participant’s and its Authorized Users’ access credentials; and (c) all access to and use of the PAIR Tool directly or indirectly by or through the Participant Infrastructure or its or its Authorized Users’ access credentials, with or without Participant’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
9. Participant Obligation to Maintain Security
  Participant shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) protect against any unauthorized access to or use of the PAIR Tool; and (b) control the content of and use of Participant Data, including the uploading or other provision of Participant Data to or through the PAIR Tool.
10. Termination
  These PAIR Tool Beta Test Terms and Conditions may be terminated immediately by either party through written notice if the other party breaches any of the material provisions of these PAIR Tool Beta Test Terms and Conditions and fails to remedy such breach within thirty (30) days after written notification by the other party of such breach. Notice to RIT shall be sent to admin@roboteval.com. Notwithstanding the foregoing, these PAIR Tool Beta Test Terms and Conditions may be terminated immediately by RIT in the event of Participant’s breach of the confidentiality, security and proprietary and related ownership rights of these PAIR Tool Beta Test Terms and Conditions.
11. Limitations
  These PAIR Tool Beta Test Terms and Conditions do not authorize Participant to use RIT’s names or trademarks or the fact of the beta test for any publicity or marketing or other activities. Neither Participant nor RIT has any obligation to purchase anything under these PAIR Tool Beta Test Terms and Conditions. No agency, partnership, joint venture, or other joint relationship is created by these PAIR Tool Beta Test Terms and Conditions.
Choice of Law/Forum Selection
This Site is hosted on Amazon Web Services (AWS) computing resources located in the Virginia, Zone A (us-east-1a) region. Any dispute arising out of or relating to the Terms or any content posted to a site, whether based in contract, tort, or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Monroe County, New York as the legal forum for any such dispute.
Warranty Disclaimer/Limitation of Liability for Site

The Site is provided AS IS, and nothing on the Site is intended to be a representation, offer, inducement, promise, or contract of any kind. Also, although our Site may contain links to other websites, RIT is not responsible for the availability, content, products, services, privacy or other policies and practices of any websites to which the Site may link or from which it may be accessible by link. Neither the content of personal pages, nor any links contained on our Site are published, edited, approved, reviewed, or endorsed by RIT or any of its affiliates. You are responsible for your own use of information obtained from or through our Site. RIT does not warrant that the Site will operate without interruption or error-free or that the Site or its Content are free of viruses or other harmful elements.

RIT DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND ANY LINK TO OR FROM THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. RIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, ACTUAL, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE OR TO YOUR RELIANCE UPON INFORMATION OR OTHER CONTENT OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, RIT WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERROR, LOSS OF DATA, INFRINGEMENT, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE ACTIVITIES REFERRED TO ABOVE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Indemnification
You will defend, indemnify, and hold harmless RIT and its subsidiaries, affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including, without limitation, reasonable attorney's fees, that arise from your use or misuse of our Site or any content contained there or from your breach of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.
International Use
We do not represent that the Site or its content are appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Site from outside the U.S., you are responsible for compliance with foreign and local laws.
How To Contact Us
If you have any questions or comments regarding the Terms of Use or the Site, please contact us at PAIR Admin <admin@roboteval.com>.

Funding for the development of this Site provided by the New York State Department of Economic Development (DED). Any opinions, findings, conclusions or recommendations expressed are those of the author(s) and do not necessarily reflect the views of the DED.

Work related to the PAIR Tool is a result of research sponsored by the Office of the Secretary of Defense and was accomplished under Agreement Number W911NF-17-3-0004. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the official policies, either expressed or implied, of the Office of the Secretary of Defense or the U.S. Government. Funding for work on the PAIR Tool was also provided by the New York State Department of Economic Development (DED). Any opinions, findings, conclusions or recommendations expressed are those of the author(s) and do not necessarily reflect the views of the DED.