This page states the Terms and Conditions Agreement ("Agreement") terms and conditions under which you may use the High Priority Connection Network ("HPCNet"). Please read this page carefully. If you do not accept these Agreement Terms and Conditions stated here, do not use the services of the HPCNet. The South Dakota School of Mines and Technology ("SDSM&T"), the owner of HPCNet, may revise this these Terms and Conditions Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement Terms and Conditions.

The contents of the HPCNet, such as text, graphics, images and other material ("Material(s)"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. HPCNet Registered persons choosing to use the HPCNet Users ("User(s)") must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for all purposes is prohibited.

Section 2. HPCNet Members and Member Sites. Services and Security.

Some of the sites that are on the HPCNet are controlled or maintained by HPCNet Members ("Member(s)") on their HPCNet Member Sites ("Member Sites"). Members may first need to approve or authorize a User before the User may access such Member Site. The User understands and agrees that the Member can limit, approve, or authorize Users for Member Sites.

The User understands and agrees to hold SDSM&T harmless of any damages, whether actual, consequential, or otherwise, if a access to a site or service available in ("Service(s)") is denied to User through the various mechanisms available in HPCNet to control or otherwise limit access ("Security"). HPCNet Member denies the User access or authorization to an Member Site. The User further understands and agrees that any disagreement between them User and a Member the User who retains administrative control ("Site Administrator") concerning access, authorization, usage, or rights in an Member Site is solely a matter between the User and the HPCNet Member Site Administrator ("Dispute"). The User further understands and agrees that SDSM&T will not act as a mediator, arbitrator, appeal board or in any other way become involved in any such Dispute between the User and the HPCNet Member Site Administrator. The User's sole remedy in such a Dispute is with the HPCNet member Site Administrator and not the State of South Dakota or SDSM&T.

Section 3. SDSM&T's Liability.

The Material may contain inaccuracies or typographical errors. THE STATE OF SOUTH DAKOTA AND SDSM&T make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the HPCNet and the Material made available through the HPCNet. The use of the HPCNet is at your user's own risk.

THE HPCNET AND THE APPEARANCE OF MATERIAL IN THE FORM OF A WEB SITE AND MATERIAL PRESENTED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE STATE OF SOUTH DAKOTA, SDSM&T, AND HPCNET MEMBERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE STATE OF SOUTH DAKOTA, SDSM&T, AND HPCNET MEMBERS, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AND TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL THE STATE OF SOUTH DAKOTA, SDSM&T, AND HPCNET MEMBERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE RESULTING WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SDSM&T IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE STATE OF SOUTH DAKOTA AND SDSM&T DO NOT WARRANT THAT THE HPCNET AND THE APPEARANCE OF MATERIAL IN THE FORM OF A WEB SITE WILL OPERATE ERROR-FREE OR THAT THE HPCNET AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS MATERIAL DEFECTS. IF YOUR USE OF THE HPCNET OR ITS MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE STATE OF SOUTH DAKOTA OR SDSM&T IS NOT RESPONSIBLE FOR THOSE COSTS.

For appropriate consideration, SDSM&T may make available the use of certain capabilities of the HPCNet to individuals to organize or present information to appear as a Material on the HPCNet. Such capabilities to organize or present Material shall be limited to Users who provide SDSM&T requested information so they may become registered with the HPCNet as a Registered User ("Registered User"). SDSM&T extends the privilege of acting as a Registered User or Member with the understanding that the privilege may be terminated without cause and at the sole discretion of SDSM&T or by SDSM&T’s designated representative.

Generally, any information, data or communication ("Communication(s)") which you post to the HPCNet for display on the HPCNet is considered to be nonconfidential. By posting any such Communication, you automatically grant SDSM&T a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

As a User, you are responsible for your own Communications and are responsible for the consequences of their posting. You must not do the following things: Post Material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post chain letters or pyramid schemes; or impersonate another person.

The State of South Dakota and SDSM&T do not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on Material or Communications posted by other Users will be at your own risk.

SDSM&T does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, SDSM&T may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. SDSM&T has no liability or responsibility to Users for performance or nonperformance of such activities. SDSM&T reserves the right to expel Registered Users and prevent their further access to the HPCNet for violating this Agreement or the law and the right to remove Communications and Materials which are abusive, illegal, or disruptive.

The HPCNet contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the State of South Dakota or SDSM&T of the content on such third party web sites. The State of South Dakota and SDSM&T are 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 web sites. If you decide to access linked third party web sites, you do so at your own risk.

All software that is made available for downloading from the HPCNet ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the Software License Agreement or other such designation accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

Section 9. Limitation of Liability.

Unless otherwise expressly provided in a Software License or other notice, the aggregate liability to the State of South Dakota and SDSM&T to you for all claims arising from the use of the Material, including Software, is limited to $100.

Section 10. Indemnity.

You agree to defend, indemnify, and hold harmless the State of South Dakota, SDSM&T, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Materials, including Software, or Communications or your breach of the terms of this Agreement. SDSM&T shall endeavor to provide prompt notice to you of any such claim, suit, or proceeding.

The United States controls the export of products and information ("Product(s)"). You agree to comply with such restrictions and not to export or re-export the Materials, including Software, to countries or persons prohibited under the export control laws. By downloading the Materials, including Software, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

SDSM&T may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web site, for its internal administrative and marketing purposes.

The HPCNet is based in Rapid City, South Dakota. SDSM&T makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials, including Software, may not be legal by certain persons or in certain countries. If you access the HPCNet from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is These Terms and Conditions are governed by the substantive laws of the State of South Dakota, without respect to its conflict of laws principles. The User agrees that any legal proceeding it may bring will be venued in the state or federal courts residing in Rapid City, South Dakota. If any provision of this Agreement is these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement these Terms and Conditions shall be deemed a waiver or continuing waiver of such term or any other term. Except as expressly provided in a particular License Agreement or other notice within Material on the HPCNet, this Agreement these Terms and Conditions, as may be modified from time-to-time by SDSM&T, constitutes the entire Agreement between you and the SDSM&T with respect to your use of the HPCNet. Any changes to this Agreement must be made in writing signed by an authorized representative of the SDSM&T.