THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLIED SYSTEMS, INC.;
PLEASE REVIEW THIS PAGE CAREFULLY.
1. You acknowledge and agree that Applied Systems, Inc., including its respective affiliates and subsidiaries (hereinafter, collectively referred to as “APPLIED”), is granting you access to and use of the Site, including any Software or Content, subject to the policies, terms and conditions contained in this Agreement, and any terms and conditions that may be attached to or provided with any Software or Content. APPLIED reserves the right to deny access to or use of the Site, or any portion of the Site, to anyone at any time.
2. The Site is provided for informational purposes only.
3. APPLIED reserves the right to make changes to the Site, and to this Agreement, at any time and without additional notice to you. You should review the policies, terms and conditions of this Agreement upon each access or visit to the Site and before any use of the Site.
4. All data, text, suggestions, comments, feedback and other information that you submit to the Site shall become the sole and exclusive property of APPLIED, and APPLIED shall, at all times, retain full rights, title and interest in and to such submissions. To the extent that full ownership of any such submissions does not immediately vest in APPLIED, you hereby consent to the automatic assignment of such submissions to APPLIED, in full, upon creation.
Minors: Children under the age of 18 should not submit anything to APPLIED.
5. You will not in any way:
a. alter, distort, mask or obscure any portion of the Site;
b. mirror, frame or embed the Site or any page or other portion thereof;
c. publish or display a hypertext link to the Site without prior written permission from APPLIED;
d. perform any data mining, scraping, harvesting, deep linking or other collection or monitoring of the Site, any individual pages on the Site, or any information, email addresses, code, graphics, tables, links, documents, attachments or other portions of the Site;
e. use the Site in any manner that would or is meant to demean, defame, diminish, tarnish, or otherwise be detrimental to the name, reputation or goodwill of APPLIED, APPLIED’s products and services, or any third party; or
f. use the Site in violation of, or for purposes that violate, any laws or regulations (including all intellectual property, spam, advertising, privacy and security laws, directives and regulations).
6. Software Available on the Site – Any software downloaded or otherwise acquired through the use of the Site (“Software”) is proprietary to APPLIED and/or its suppliers, and is protected by applicable copyright, trade secret, patent and/or other laws. The downloading, access and/or use of any Software is subject to and governed by the terms and conditions of the end user license agreement, software license agreement, master agreement for products and services, or other agreement accompanying such Software or otherwise agreed to between you and APPLIED or its suppliers, as such may be applicable. Any redistribution, reproduction or copying of Software not in accordance therewith is expressly prohibited, and may result in civil and criminal liability.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS PROVIDED “AS IS” AND APPLIED HEREBY DISCLAIMS ALL WARRANTIES REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHERMORE, APPLIED DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ANY ERRORS, BUGS, VIRUSES, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE DESIGNED TO DISRUPT, IMPAIR, DESTROY OR OTHERWISE DAMAGE YOUR COMPUTERS, NETWORKS OR OTHER ELECTRONIC SYSTEMS, OR THOSE OF ANY THIRD PARTY. APPLIED DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
7. Content Available on the Site – All documents, graphics or other information available on the Site (including, but not limited to, any white papers, datasheets, research, analysis, reports, articles, and all FAQ, knowledgebase, best practices or support-related information) – collectively, the “Content” – is protected by applicable copyright laws; and, unless otherwise noted, your use of any Content is granted subject to the following rules and restrictions:
a. All copyright notices, disclaimers, author attributions, permission statements or other similar provisions must be included, in unaltered form, on any Content gathered from the Site, including all copies or reproductions made thereof.
b. The Content may only be used for personal, non-commercial purposes, and may not be made posted, broadcast or otherwise made available online (including on the Internet and any computer network or system) or to any media outlet, regardless of form.
c. No modifications of any kind may be made to the Content.
d. The Content may not be transmitted or otherwise provided to any third parties.
Use of the Content for any other purpose, or otherwise not in accordance with the Agreement, is expressly prohibited by law. Violators will be prosecuted to the maximum extent possible, and may result in civil and criminal liability.
8. The Content on the Site is provided for informational purposes only. All Content is provided “AS IS” and without warranty of any kind, express or implied. APPLIED does not guarantee the information on the Site is the most accurate or up to date information available, and should it not be relied upon in any way. The Content on the Site is not an offer, warranty, or direct instruction by APPLIED; and in no event does it expand, modify, or otherwise change the terms and conditions of any contract or other signed agreement you may have with APPLIED.
FURTHERMORE, THE CONTENT ON THIS SITE COULD INCLUDE TYPOGRAPHICAL ERRORS, AS WELL AS TECHNICAL OR OTHER INACCURACIES AND/OR OMISSIONS. APPLIED AND ITS SUPPLIERS RESERVE THE RIGHT TO MAKE CHANGES AT ANY TIME TO THE PRODUCTS, SERVICES, PROGRAMS OR OTHER OFFERINGS, INCLUDING ANY DESCRIPTIONS THEREOF, IDENTIFIED ON THE SITE.
9. You acknowledge and agree that there are no guarantees or assurances of any nature whatsoever that any Software, Content or other information transmitted over the Internet will be secure from others or otherwise confidential, and you hereby waive any and all claims against APPLIED in connection therewith.
10. You acknowledge that the Internet and any network connections used for accessing the Internet are known to be unpredictable in their performance and may impede access to the Site, including in the delivery of any Software or Content provided by the Site, and you hereby agree that APPLIED is not in any way responsible for any interference, delays or other interruptions to your access or use of the Site, including the delivery of any Software or Content, and you hereby waive any and all claims against APPLIED in connection therewith.
11. Third party web sites and other external domains, including those accessible through any hyperlinks found on the Site, are not maintained by APPLIED or are otherwise beyond the control of APPLIED – and are provided solely for your convenience. APPLIED does not endorse any such sites or domains. APPLIED is not responsible for the content or other information contained on such sites or domains, nor the provision to you of any such content or other information (including transmission of any audio, video or other media), and you hereby acknowledge and accept that any and all risk associated with the access or use of such sites or domains is borne entirely by you.
12. APPLIED EXCLUDES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR SYSTEM INTEGRATION. APPLIED DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR ACCESS AND USE OF THE SITE.
13. IN NO EVENT SHALL APPLIED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES RESULTING FROM THE LOSS OF USE, SYSTEM, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE (INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE), EVEN IF APPLIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION).
NOTWITHSTANDING THE FOREGOING AND THE OTHER PROVISIONS OF THIS AGREEMENT, SHOULD APPLIED BE FOUND LIABLE TO YOU FOR ANY CLAIM, ACTION, LOSS OR OTHER DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE, APPLIED’S AGGREGATE LIABILITY FOR SUCH CLAIM, ACTION, LOSS OR DAMAGE SHALL NOT EXCEED THE AMOUNTS PAID TO APPLIED BY YOU DURING THE THEN MOST RECENT ONE (1) YEAR PERIOD FOR ACCESSING OR USING THE SITE.
SINCE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES AND REMEDIES, CERTAIN WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT MAY NOT BE APPLICABLE TO YOU.
14. You hereby agree to indemnify, defend, and hold APPLIED harmless from and against all claims, actions, losses, costs, damages or other liabilities arising out of or in connection with your access or use of the Site or your breach of this Agreement.
15. The waiver by APPLIED of a breach, right, obligation, term or other provision of this Agreement shall not constitute a waiver of any future breaches, rights, obligations, terms or provisions of this Agreement.
16. If any provision of this Agreement is found to be invalid, unlawful or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from this Agreement or, if possible, interpreted to make such provision valid, lawful or otherwise enforceable while preserving the original intent of APPLIED; and, in any event, the remainder of the Agreement shall continue in full force and effect.
17. The Site is operated from the State of Illinois in the United States of America. You hereby agree that any dispute or other action arising out of this Agreement will be governed by the laws of the State of Illinois and the United States of America, and you hereby consent to the sole and exclusive jurisdiction and venue of the state and federal of the State of Illinois, and waiver of trial by jury, for any action between the you and APPLIED. APPLIED makes no representations or warranties that the Site, or any portion or element of the Site, are appropriate or available for use in any other location. If your access or use of the Site, including any Software or Content provided by the Site, is from or within any other location, then you are solely responsible for compliance with all laws regarding the location and jurisdictions applicable to you.
19. The Software and Content provided on the Site are the property of APPLIED and its respective suppliers, and are protected by United States and international copyright, trademark or other intellectual property laws and treaties. Furthermore, this Site and all elements of this Site, including the Software and Content, are protected by various international, federal, state, provincial or local laws regarding trade name, trade dress, deceptive trade practice, unfair competition, counterfeiting or other laws designed to prevent the unauthorized use thereof.
The Site and all elements of the Site, including the Software and Content, may not be copied, reproduced or otherwise distributed, in whole or in part, without the prior written consent of APPLIED or its suppliers, as appropriate; and any such use without the prior written consent of APPLIED or its suppliers, as appropriate, is strictly prohibited.
20. Certain names, logos, designs, titles, words, or phrases contained on the Site may constitute a trademark, service mark or trade name of APPLIED, its suppliers or of a third party. The use of any APPLIED or third party trademark, service mark or trade name without the prior express written consent of APPLIED, its suppliers or such third party, as appropriate, is strictly prohibited.
All rights not expressly stated herein are hereby reserved by APPLIED.
If you have any questions or comments regarding this Site, please contact us at firstname.lastname@example.org.
IF YOU ARE LOCATED IN CANADA, THE FOLLOWING PROVISION APPLIES [SI VOUS ÊTES SITUÉ AU CANADA, AUX DISPOSITIONS SUIVANTE S'APPLIQUE]: The parties confirm that it is their wish that these Portal Terms have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que ces Conditions d’utilisation du Portail soient rédigés en langue anglaise seulement.
Last updated: June 21st, 2013
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