FlexxBridge in the Cloud TM
Terms and Conditions for FlexxBridge in the CloudTM Service Use
(Last Updated March 30, 2010)
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IMPORTANT! THESE TERMS AND CONDITIONS (.TERMS AND CONDITIONS.) APPLY TO ALL VISITORS AND USES OF THIS WEB SITE. By ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE ACCEPTANCE OF THESE TERMS AND CONDITIONS PRODUCT SUPPORT SOLUTIONS, INC, (PSS) MAY FROM TIME TO TIME CHANGE THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. IN THE EVENT OF ANY VIOLATION, PSS RESERVES THE RIGHTS TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY. Limited Use. You are hereby authorized to copy materials published in the Web Site solely for non-commercial use within your organization in support of the FlexxBridge product. You must retain all copyright and proprietary notices on the materials that you may copy. Otherwise, no other license or right under any patent, trademark, copyright is conferred hereunder.. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM PSS. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES 1. Trademarks. The trademarks, logos, and service marks (collectively the .Trademarks.) displayed on the Web Site are the property of PSS or other third parties.. Nothing contained on the Website should be construed as granting by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of PSS. Your use of the Trademarks without permission from PSS is strictly prohibited. 2. Indemnity. You will indemnify and hold PSS its employees, agents, officers and directors (collectively the .Indemnified Parties.) harmless from Your breach of these Terms and Conditions other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards costs, expenses, and attorneys. fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Website. 3. General Disclaimers. Although PSS has attempted to provide accurate information on the Web Site, PSS assumes no responsibility for the accuracy of the information. PSS may change the products mentioned at any time without notice. Mention of non-PSS products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PSS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PSS AND ITS SUPPLIERS 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 PSS PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PSS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Links to Third Party Sites. This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and PSS is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. PSS provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
5. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
6. Software License Agreement. Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you.
7. Open Source License Notices. PSS Products may contain software from the open source community that must be licensed under the specific license terms applicable to such software. For more information, please see http://www.gnu.org/licenses/gpl-3.0.txt.
8. Miscellaneous. The Section headings of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof. If any Section or provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby. These Terms and Conditions shall be governed by and construed in accordance with the laws of State of Delaware applicable to contracts made and to be enforced wholly within such state. The waiver by either party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived and amended only in writing signed by both You and PSS. |