ETAP Terms of Use

We take the protection of your personal data very seriously. Our website may be used without entering personal information. If personal data is collected on our pages (such as names, addresses and e-mail addresses), the input of such data is done on a voluntary basis. We treat your personal information confidentially and according to the data security regulations. Any personal details you submit to ETAP through the Website will be processed in accordance with our Privacy Policy. By using the Website, you consent to such processing, and you also agree to comply with the terms of our Privacy Policy. We do not provide your personal information to third parties without your permission. Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address that your Browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser.

Operation Technology, Inc. (dba “ETAP”) owns or licenses all materials on this website. The materials, including all texts, illustrations, graphics, video sequences, audio documents and other materials, are copyrighted and/or trademarked, and any unauthorized use of the materials may violate copyright, trademark, and other laws.

Users may cite or refer to the information on the Website in books, online services, or other media but, except as provided below, Users may not reproduce or distribute such information in whole or in part without the prior written permission of ETAP.

Users may not reproduce or distribute any content (whether text or image) from the Website without securing the advance written consent of ETAP. To request such permission, please use the Contact form provided, including your name, address, a description of the purpose of your intended distribution and the information you would like to distribute.

You may print, reproduce, and use the information in the Website provided such use is for non-commercial educational purposes only (or which is otherwise permitted under the Copyright Designs and Patents Act 1988), provided that you (i) do not modify such information, and (ii) include any copyright notice originally included with such information and this notice in all such copies.

In accessing any part of this Website, you agree not to:

• use this Website in such a way that disrupts, interferes with or restricts the use of this Website by other Users;
• upload, display or transmit any materials through this Website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
• reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this Website; and
• change, modify, delete, interfere with or misuse data contained on this Website and entered by or relating to any third-party user of this Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

ETAP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it. Users should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.

No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, or copyright of ETAP or any third party.

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ETAP.

ETAP strives either to respect the copyrights of graphics, video and texts, to use self-created graphics, sounds and texts or to use licensed and/or license-free graphics, video and texts. Should the respective pages nevertheless contain unmarked graphics, video or texts protected by proprietary rights of third parties, the copyright could not be determined by ETAP. In the event of any such unintentional violation of copyright, the relevant content will be deleted immediately upon notification or will be marked with the proper copyright information.

The trademarks, logos and service marks (“Marks”) displayed on this website are the property of ETAP or other third parties. Where used, third-party trademarks remain the copyright property of their respective owners. Users are not permitted to use these Marks without the prior written consent of ETAP or such third party which may own the Mark. The use of any third party’s Marks on this website does not constitute the Mark owner(s)’ endorsement of ETAP or its products and/or services.

ETAP is a registered trademark of Operation Technology, Inc.

ETAP Real-Time, Intelligent Load Shedding (ILS), eTraX, iSub, Microgrid, PPC, eProtect, EMS and other ETAP-related products are trademarks of Operation Technology, Inc.

Other Company Trademarks (Companies not affiliated with ETAP Automation or ETAP)

CAPTOR, DAPPER, PowerTools are registered trademark of SKM Systems Analysis, Inc. DIgSILENT, PowerFactory are registered trademark of DIgSILENT GmbH. EasyPower is a registered trademark of ESA NW, Inc. / Bentley Systems EDSA, Paladin Design Base, Power Analytics are registered trademark of Power Analytics Corporation. MATLAB is a registered trademark of The Mathworks, Inc. Neplan is a registered trademark of BCP Busarello + Cott + Partner AG. PSS is a registered trademark and service mark of Siemens AG. Simulink is a registered trademark of The Mathworks, Inc. CONNECT is a registered trademark of AVEVA Group Plc WindMil is a registered trademark of Milsoft

CYME is a registered trademark of Eaton Corporation SEE and Caneco are registered trademarks of IGE+XAO AED is a registered trademark of BIM Electric AVEVA Electrical is a registered trademark of AVEVA Group Plc PSCAD is a registered trademark of Manitoba HVDC

ETAP may provide products, services (such as software maintenance, installation, or training) or access to ETAP websites under the terms of a separate agreement between Users and ETAP (each, an “Other Agreement”). ETAP’s obligations with respect to any product, service, or access that it makes available to Users under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

This website may contain links to third party sites. Access to any other Internet site linked to this website is at the User’s own risk and ETAP is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Links from this Website are provided for information and convenience only and ETAP has no control over and cannot therefore accept responsibility or liability for the content of any linked third-party website or for any loss or damage that may arise from your use of them.

No violations were evident to ETAP at the time of linking. Should any legal infringement become known to ETAP, we will remove the respective link. ETAP provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Users may link to the home page of this Website, provided you do so in a way that does not damage ETAP’s reputation or take advantage of it, or which is otherwise in any way detrimental to the Website or ETAP. Users must not establish a link in such a way as to suggest any form of association, approval or endorsement on ETAP’s part where none exists.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. ETAP reserves the right to withdraw linking permission without notice.

Users must not establish a link to the Website from any website that is not owned by you.

These Terms, together with any additional terms to which Users agree when using particular elements of the Website, constitute the entire and exclusive and final statement of the agreement between Users and ETAP with respect to such subject matter. These Terms and the relationship between Users and ETAP shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding Users’ actual place of residence. All lawsuits arising from or relating to these Terms or to Users’ use of the ETAP Website shall be brought in the State or Federal Courts located in the County of Orange, California, and Users hereby irrevocably submit to the exclusive personal jurisdiction of such venue for such purpose.

The failure of ETAP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, Users nevertheless agree that the trier of fact should endeavor to give effect to the intentions of ETAP and Users as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Users’ use of the ETAP website. These Terms will be interpreted without application of any strict construction in favor of or against Users or ETAP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by Users, but may be assigned by ETAP without restriction.

Any software that is available on this website is the copyrighted work of ETAP. Copying or reproducing the software to any other server or location for further reproduction or redistribution is prohibited. Users may not create derivative works of the software or attempt to decompile or reverse-engineer the software unless otherwise permitted by law.

U.S. Government Restricted Rights: Any software that is available on this website and its accompanying documentation that is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights and are subject to applicable provisions of the Federal Acquisition Regulations or in the Department of Defense Federal Acquisition Regulations Supplement.

The contents of our pages have been created with the utmost care. However, ETAP cannot guarantee the contents’ accuracy, quality, content, adequacy, completeness or topicality. We are always pleased to receive suggestions or remarks. ETAP may change the programs or products mentioned at any time without notice. Any mention of non-ETAP products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ETAP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ETAP SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ETAP PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ETAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability claims against ETAP that refer to material or immaterial damages that were caused by the use or non-use of the information or data presented on our website are excluded.

Users agree to indemnify, defend, and hold harmless ETAP from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from the Users’ violation of these Terms. ETAP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User and, in such case, Users agree to cooperate with ETAP’s defense of such claims.

Users may create links to this website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent ETAP’s written authorization otherwise, a website that links to this website:

May link to, but shall not replicate, any materials (including any logo);

(a) Shall not create a browser or border environment around any materials;
(b) Shall not imply that ETAP endorses such website or any products, services, or content available through such website;
(c) Shall not misrepresent its relationship with ETAP;
(d) Shall not present false or misleading information about ETAP, its products, or its services; and
(e) Shall not contain content that could be construed as distasteful, offensive, or controversial.

Contracts for the supply of goods, services or information entered into through this Website will be subject to ETAP’s standard terms and conditions of sale/supply and ETAP License Grant & Agreement which can be provided on request.

ETAP administers this website from its offices in Irvine, California. ETAP makes no representation that this website is appropriate or available for use outside the United States and access to the ETAP website from territories where its contents are illegal or restricted is prohibited.

Users agree to access and use the Website in strict compliance with all applicable laws and that your access and use will not, in the sole judgment of ETAP, negatively reflect on the goodwill or reputation of ETAP or cause ETAP to be in violation of any laws applicable to ETAP.

If Users choose to access the ETAP website from outside the United States, Users do so on Users’ own initiative and are responsible for compliance with applicable laws. Users agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Users’ use of the ETAP website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In accessing and using the Website, Users affirm that you are not located in Cuba, Iran, North Korea, Syria, or the restricted regions of Ukraine (Crimea, Donetsk People’s Republic, Luhansk People’s Republic), that you are not subject to sanctions or export restrictions prohibiting your access or use, and that you are not accessing or using the Website for any purpose relating to nuclear,

chemical or biological weapons proliferation or other restricted nuclear activities, missile or rocket systems, military intelligence, or unauthorized surveillance. Users agree not to export, re-export, transfer, or use the Website content (including any software or services) in violation of applicable export controls and sanctions.

ETAP may, in its sole and absolute discretion, change these Terms from time to time. ETAP will post notice of such changes on the applicable Site. If Users object to any such changes, Users’ sole recourse shall be to cease using the ETAP website. Continued use of the ETAP website following notice of any such changes shall indicate Users’ acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the ETAP website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.