The following terms and conditions (“Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any subdomains thereof (the “Site”). The Site is made available by Palo Alto Research Center Incorporated (“PARC”). PARC may change the Terms and Conditions from time to time, any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials obtained from this Site.
You may use the Site only for purposes permitted by the Terms and Conditions and in accordance with applicable law, regulations, or generally accepted practices or guidelines.
PARC owns or licenses all content and materials on this Site ("Materials"). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. Your use of the Site does not grant to you ownership of any code, data or Materials you may access on this Site. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site.
You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other web site or networked computer environment for any purpose is prohibited. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site.
You may not remove, obscure or alter any proprietary rights notices that may be contained or displayed on the Site.
You agree not to use the Site: (a) in any manner that violates any applicable local, state, national, foreign, or international law; (b) to stalk, harass, threaten or harm another individual; (c) to impersonate any other person or entity, whether actual or fictitious, including anyone from PARC; (d) to misrepresent your affiliation with a person or entity; (e) to interfere with the Site or equipment that implement the Site; (f) to restrict or inhibit any other user from using and enjoying the Site or the Site's services; (g) to offer to buy or sell any product or service; (h) to encourage conduct that would constitute a criminal offense or give rise to civil liability.
Any software that is available on this Site ("Software") is the copyrighted work of PARC and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. SOFTWARE MAY CONTAIN, OR BE MODIFIED TO CONTAIN, COMPUTER CODE CAPABLE OF AUTOMATICALLY DISABLING ITS PROPER OPERATION OR FUNCTIONALITY WHICH MAY BE ACTIVATED UPON EXPIRATION OR TERMINATION OF YOUR LICENSE.
PARC makes no warranties whatsoever as to the operational performance of the Software. Because Software is inherently complex and may not be completely free of errors, you are advised to verify and back up your work. Additionally, PARC does not guarantee compatibility between the Software and any future versions of the Software that may be made available on this Site.
U.S. Government Restricted Rights: The Software available on this Site and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.
PARC may, from time to time, make available on or through the Site messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services that permit you to submit feedback, information, written text, data files, images, computer software, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (solicited or unsolicited) (“Submitted Materials”).
All Submitted Materials that may be available on the Site are the sole responsibility of the person or organization with whom such Submitted Materials originated.
You retain the copyright you already hold in any Submitted Materials that you submit, post, display or otherwise make available on or through the Site, and you are responsible for protecting it and any other rights you hold in such Submitted Materials.
By submitting Submitted Materials, you grant PARC and PARC affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. PARC cannot be responsible for maintaining any Submitted Material that you provide to PARC, and PARC may delete or destroy any such Submitted Material at any time.
PARC does not control the Submitted Materials posted or displayed on the Site, and thus cannot guarantee the accuracy, integrity or quality of such Submitted Materials. You understand that by using the Site, you could be exposed to Submitted Materials that you may find offensive, indecent or objectionable. PARC will not be liable in any way for any Submitted Materials, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Materials in the Site. You bear all risks associated with the use of any Submitted Materials, including any reliance on the accuracy, completeness, usefulness, or suitability of such Submitted Materials. You agree that you must evaluate, and bear all risks associated with, the use of any Submitted Materials, including any reliance on the accuracy, completeness, or usefulness of such Submitted Materials.
PARC reserves the right (but is not obligated) to pre-screen, review, tag, filter, modify, refuse, or remove any Submitted Materials. Without limiting the foregoing, PARC shall have the right to remove any Submitted Materials that violates the Terms and Conditions or applicable law or is otherwise objectionable. PARC may also restrict access to part or all of the forums without notice or penalty if PARC believes you are in breach of the guidelines set forth in this paragraph, the Terms and Conditions or applicable law, or for any other reason without notice or liability.
By submitting or sending Submitted Materials to PARC, you represent and warrant that:
You alone are responsible for the content and consequences of any of your activities.
You agree to defend, indemnify and hold PARC and PARC's and its affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, Software or any information available on the Site, your submission or sending of Submitted Materials to or through the Site, or your breach or violation of the law or of these Terms and Conditions. PARC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PARC's defense of such claim.
Links to other web sites are provided solely as a convenience to you. PARC does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
SITE INFORMATION REGARDING SOFTWARE (DEVELOPMENTAL OR OTHERWISE) AND SERVICES OF PARC AND ITS AFFILIATES, INCLUDING THEIR AVAILABILITY AS PRODUCTS, APPEARANCE, AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY PARC WITH RESPECT TO ANY PRODUCT OR SERVICE AND PARC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.
THE SITE AND MATERIALS, INFORMATION, SOFTWARE (DEVELOPMENTAL OR OTHERWISE) AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. PARC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NEITHER PARC NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE FOR ANY MATERIALS, SOFTWARE OR SUBMITTED MATERIALS.
PARC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. PARC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
IN NO EVENT SHALL PARC, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PARC’S ENTIRE AND MAXIMUM LIABILITY UNDER THIS AGREEMENT TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
PARC and the PARC Logo are trademarks or registered trademarks of Palo Alto Research Center Incorporated. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of PARC or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited.
You may not assign any rights or delegate any duties or obligations under this Agreement without PARC's prior written consent. This Agreement represents the complete agreement concerning your use of this Site and may be amended only by a writing executed by you and PARC.
PARC may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time without notice to you. PARC may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
These Terms and Conditions shall apply until terminated by you or PARC. If you want to terminate your legal agreement with PARC, you may do so by closing each account you may have opened at this Site. PARC may terminate its legal agreement with you at any time should PARC be required to do so by law or decide to no longer support this Site. Any term expressed to continue indefinitely shall survive termination of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of California and you irrevocably agree to submit to the jurisdiction of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not effect the validity and enforceability of any remaining provisions.
PARC makes no representation that Materials, Software, or services on this Site are available outside of the United States. PARC controls and operates the Site from PARC offices in the United States of America. PARC does not represent that materials on the Site are appropriate or available for use in other locations. You may not use, export or re-export the Content, Software, or services on this Site in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
© 2009 Palo Alto Research Center Incorporated. All rights reserved.