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Terms of Use
Unless otherwise indicated, this Web site and its contents are the
property of Perfect Waters, LLC, and/or its subsidiaries, affiliates,
or assigns (collectively "Perfect Waters"), and are protected, without
limitations, pursuant to U.S. and foreign copyright and trademark laws.
By accessing this Web site, you agree to the following terms and
conditions. If you do not agree, you have no right or license to access
this Web site and you should not do so.
The works made available on this Web site are protected by United
States copyright laws and are provided solely for the use of
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Dissemination or sale of any of these works, as a whole or in parts
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works and is not permitted. The works and materials from them should
never be made available to students except by instructors using the
accompanying text in their classes. All users of these materials and
visitors to this Web site are expected to abide by these restrictions
and to honor the intended pedagogical purposes and the needs of other
instructors who rely on these materials.
General Terms
You are authorized to download one copy of the material on this Web
site on one computer for your personal, non-commercial use only. In
doing so, you may not remove or in any way alter any trademark,
copyright, or other proprietary notice. Except as allowed in the
preceding sentence, you may not modify, copy, distribute, republish,
commercially exploit, or upload any of the material on the Web site
without the prior written consent of Perfect Waters. No intellectual
property or other rights in and to this Web site or its contents, other
than the limited right to use set forth above, are transferred to you.
PERFECT WATERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." PERFECT WATERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. PERFECT WATERS
ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT
IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.
It is your responsibility to evaluate the accuracy and completeness of
all information, opinions, and other material on this Web site or any
Web site with which it is linked. Price information is subject to
change without notice.
To the fullest extent permitted by applicable laws, Perfect Waters and
its employees, agents, suppliers, and contractors shall in no event be
liable for any claims, charges, and contractors damages, liabilities,
losses, and expenses of whatever nature and howsoever arising,
including, without limitation any compensatory, incidental, direct,
indirect, special, punitive, or consequential damages, loss of use,
loss of data, loss caused by a computer or electronic virus, loss of
income or profit, loss of or damage to property, claims of third
parties, or other losses of any kind of character, even if Perfect
Waters has been advised of the possibility of such damages or losses,
arising out of or in connection with the use of this Web site, or any
Web site with which it is linked. You assume total responsibility for
establishing such procedures for data back up and virus checking as you
consider necessary.
Indemnification
You hereby agree to indemnify and hold harmless Perfect Waters from and
against any and all claims, charges, demands, damages, liabilities,
losses, expenses, and liabilities of whatever nature and howsoever
arising (including but not limited to any legal or other professional
fees and the costs of defending or prosecuting any claim and any loss
of profit, goodwill, and any other direct or consequential loss)
incurred or suffered by Perfect Waters directly or indirectly by reason
of any act or omission which you commit in breach of these terms and
conditions and the obligations and warranties contained in them.
In addition, Perfect Waters adheres to and will aggressively prosecute
any violations of the following Economic Espionage Act of 1996 with
respect to its properties:
Economic Espionage Act of 1996
SECTION 1. SHORT TITLE.
This Act may be cited as the `Economic Espionage Act of 1996'.
TITLE I--PROTECTION OF TRADE SECRETS
SEC. 101. PROTECTION OF TRADE SECRETS.
(a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 89 the following:
CHAPTER 90--PROTECTION OF TRADE SECRETS
`Sec.
`1831. Economic espionage.
`1832. Theft of trade secrets.
`1833. Exceptions to prohibitions.
`1834. Criminal forfeiture.
`1835. Orders to preserve confidentiality.
`1836. Civil proceedings to enjoin violations.
`1837. Conduct outside the United States.
`1838. Construction with other laws.
`1839. Definitions.
`Sec. 1831. Economic espionage
`(a) IN GENERAL- Whoever, intending or knowing that the offense will
benefit any foreign government, foreign instrumentality, or foreign
agent, knowingly--
`(1) steals, or without authorization appropriates, takes, carries
away, or conceals, or by fraud, artifice, or deception obtains a trade
secret;
`(2) without authorization copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or conveys
a trade secret;
`(3) receives, buys, or possesses a trade secret, knowing the same to
have been stolen or appropriated, obtained, or converted without
authorization;
`(4) attempts to commit any offense described in any of paragraphs (1) through (3); or
`(5) conspires with one or more other persons to commit any offense
described in any of paragraphs (1) through (3), and one or more of such
persons do any act to effect the object of the conspiracy, shall,
except as provided in subsection (b), be fined not more than $500,000
or imprisoned not more than 15 years, or both.
`(b) ORGANIZATIONS- Any organization that commits any offense described
in subsection (a) shall be fined not more than $10,000,000.
`Sec. 1832. Theft of trade secrets
`(a) Whoever, with intent to convert a trade secret, that is related to
or included in a product that is produced for or placed in interstate
or foreign commerce, to the economic benefit of anyone other than the
owner thereof, and intending or knowing that the offense will, injure
any owner of that trade secret, knowingly--
`(1) steals, or without authorization appropriates, takes, carries
away, or conceals, or by fraud, artifice, or deception obtains such
information;
`(2) without authorization copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or conveys
such information;
`(3) receives, buys, or possesses such information, knowing the same to
have been stolen or appropriated, obtained, or converted without
authorization;
`(4) attempts to commit any offense described in paragraphs (1) through (3); or
`(5) conspires with one or more other persons to commit any offense
described in paragraphs (1) through (3), and one or more of such
persons do any act to effect the object of the conspiracy, shall,
except as provided in subsection (b), be fined under this title or
imprisoned not more than 10 years, or both.
`(b) Any organization that commits any offense described in subsection
(a) shall be fined not more than $5,000,000.
`Sec. 1833. Exceptions to prohibitions
`This chapter does not prohibit--
`(1) any otherwise lawful activity conducted by a governmental entity
of the United States, a State, or a political subdivision of a State; or
`(2) the reporting of a suspected violation of law to any governmental
entity of the United States, a State, or a political subdivision of a
State, if such entity has lawful authority with respect to that
violation.
`Sec. 1834. Criminal forfeiture
`(a) The court, in imposing sentence on a person for a violation of
this chapter, shall order, in addition to any other sentence imposed,
that the person forfeit to the United States--
`(1) any property constituting, or derived from, any proceeds the
person obtained, directly or indirectly, as the result of such
violation; and
`(2) any of the person's property used, or intended to be used, in any
manner or part, to commit or facilitate the commission of such
violation, if the court in its discretion so determines, taking into
consideration the nature, scope, and proportionality of the use of the
property in the offense.
`(b) Property subject to forfeiture under this section, any seizure and
disposition thereof, and any administrative or judicial proceeding in
relation thereto, shall be governed by section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except
for subsections (d) and (j) of such section, which shall not apply to
forfeitures under this section.
`Sec. 1835. Orders to preserve confidentiality
`In any prosecution or other proceeding under this chapter, the court
shall enter such orders and take such other action as may be necessary
and appropriate to preserve the confidentiality of trade secrets,
consistent with the requirements of the Federal Rules of Criminal and
Civil Procedure, the Federal Rules of Evidence, and all other
applicable laws. An interlocutory appeal by the United States shall lie
from a decision or order of a district court authorizing or directing
the disclosure of any trade secret.
`Sec. 1836. Civil proceedings to enjoin violations
`(a) The Attorney General may, in a civil action, obtain appropriate
injunctive relief against any violation of this section.
`(b) The district courts of the United States shall have exclusive
original jurisdiction of civil actions under this subsection.
`Sec. 1837. Applicability to conduct outside the United States
This chapter also applies to conduct occurring outside the United States if--
`(1) the offender is a natural person who is a citizen or permanent
resident alien of the United States, or an organization organized under
the laws of the United States or a State or political subdivision
thereof; or
`(2) an act in furtherance of the offense was committed in the United States.
`Sec. 1838. Construction with other laws
`This chapter shall not be construed to preempt or displace any other
remedies, whether civil or criminal, provided by United States Federal,
State, commonwealth, possession, or territory law for the
misappropriation of a trade secret, or to affect the otherwise lawful
disclosure of information by any Government employee under section 552
of title 5 (commonly known as the Freedom of Information Act).
`Sec. 1839. Definitions
`As used in this chapter--
`(1) the term `foreign instrumentality' means any agency, bureau,
ministry, component, institution, association, or any legal,
commercial, or business organization, corporation, firm, or entity that
is substantially owned, controlled, sponsored, commanded, managed, or
dominated by a foreign government;
`(2) the term `foreign agent' means any officer, employee, proxy,
servant, delegate, or representative of a foreign government;
`(3) the term `trade secret' means all forms and types of financial,
business, scientific, technical, economic, or engineering information,
including patterns, plans, compilations, program devices, formulas,
designs, prototypes, methods, techniques, processes, procedures,
programs, or codes, whether tangible or intangible, and whether or how
stored, compiled, or memorialized physically, electronically,
graphically, photographically, or in writing if--
`(A) the owner thereof has taken reasonable measures to keep such information secret; and
`(B) the information derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable through proper means by, the public; and
`(4) the term `owner', with respect to a trade secret, means the person
or entity in whom or in which rightful legal or equitable title to, or
license in, the trade secret is reposed.'.
(b) CLERICAL AMENDMENT- The table of chapters at the beginning part I
of title 18, United States Code, is amended by inserting after the item
relating to chapter 89 the following:
1831'.
(c) REPORTS- Not later than 2 years and 4 years after the date of the
enactment of this Act, the Attorney General shall report to Congress on
the amounts received and distributed from fines for offenses under this
chapter deposited in the Crime Victims Fund established by section 1402
of the Victims of Crime Act of 1984 (42 U.S.C. 10601).
Passed by Congress: October 2, 1996
Signed into law by President Clinton: October 11, 1996
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