Terms of Use
Acceptance of Terms
The services and/or materials Pathfire, Inc. ("Pathfire") provides to you in
connection with this web site ("Site") are subject to the following Terms of Use
("Terms"). By accessing, using, or registering to use the Software (as defined
herein), Services (as defined herein) and/or Materials (as defined herein) from
this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT
ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
Pathfire may provide you with access to a variety of resources, materials and
downloads, including business, educational and technical news and information
(collectively, "Services"). The Services, including any updates and
enhancements, are subject to the Terms.
Use of Software
Any software or educational materials that are made available to download from
this Site ("Software") is the copyrighted work of Pathfire and/or its licensors
(if any). You must be a registered Pathfire customer in order to download and/or
use the Software. Any use, reproduction or redistribution of the Software is
prohibited.
Materials Available Pursuant to the Site
Subject to the Terms and the Pathfire License Agreement (if applicable),
Pathfire authorizes you to view and use the information and materials obtained
from this Site directly or sent by Pathfire via email or post pursuant to a
request by you via the Site (collectively, "Materials"), provided that: (1) you
retain all copyright and other proprietary notices contained in the original
Materials on any copies of the Materials; and (2) your use of the Materials is
subject to the Limitation of Use restrictions set forth above.
The origins of such materials may be internal or external to Pathfire. While
third party Materials are believed to be reliable, such third party Materials
has not been independently authenticated, tested or verified in whole or in part
by Pathfire. All Materials provided on Pathfire websites, including any material
from third parties, is "as is," and Pathfire makes no express or implied claims,
representations or warranties as to its accuracy, validity or veracity. Pathfire
shall not be liable, in any way, for your use of these Materials, any results
that may occur from such use, or any consequences from decisions made in
reliance on these Materials.
In addition, certain downloads from Pathfire websites may contain third party
software. Any download of software is governed by the terms of the Software
License Agreement between Pathfire and the user. Pathfire makes no claims,
representations or warranties that the software will operate properly, securely,
effectively or efficiently. Pathfire disclaims all liability concerning the
download of software from the websites, including, but not limited to damage to
the user's hardware, software, network or systems, loss of data, application
failure, backup errors or problems related to connectivity, security,
compatibility, functionality or efficiency.
Limitation on Use
Unless otherwise specified in the Terms and/or the Pathfire License Agreement,
the Services and Materials are for your personal and non-commercial use. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
products or services obtained from the Services or Materials. If you breach any
of these Terms, your authorization to use this Site automatically terminates and
you must immediately destroy any materials in your possession obtained from the
Site (including Materials requested pursuant to the Site and sent by Pathfire
via email or post).
Confidentiality
You may obtain direct access via the Site to certain confidential information of
Pathfire and its suppliers, including without limitation technical, contractual,
product, program, pricing, marketing and other valuable information that should
reasonably be understood as confidential ("Confidential Information"). You must
hold Confidential Information in strict confidence. Title to Confidential
Information remains with Pathfire and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after
the date of disclosure. Upon termination of the Terms or Pathfire's written
request, You must cease use of Confidential Information and return or destroy
it.
The Terms impose no obligation upon You with respect to Confidential Information
that You can establish by legally sufficient evidence: (a) You possessed prior
to Your receipt from Pathfire, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public through no act
or omission by You, or otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) You independently
developed without the use of Confidential Information and without the
participation of individuals who have had access to it, or (e) in response to a
valid order by a court or other governmental body, as otherwise required by law,
or as necessary to establish the rights of either party under these Terms and as
disclosed after prior notice to Pathfire adequate to afford Pathfire the
opportunity to object to the disclosure.
Policy on Privacy
Please see the Privacy Policy disclosures relating to the collection and use of
your information. By using the Site, you are consenting to the processing of
your data by Pathfire and consenting to our Privacy Policy.
User Information
When using this Site, you agree to be responsible for providing accurate and
complete information about yourself during registration ("Your Data"), and
updating Your Data to keep it current. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your
account. At our sole discretion, we may terminate the accounts or access rights
of users who may have provided inaccurate or incomplete information or who abuse
the services provided on this Site.
Materials Provided to Pathfire or Posted at the Site
Pathfire does not claim ownership of the materials you may provide to Pathfire
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Pathfire,
its affiliated companies and necessary sublicensees a non-exclusive,
royalty-free, worldwide license to use your Submission in connection with the
operation of their businesses (including, without limitation, all Pathfire
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection with
your Submission; and the right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Pathfire is under no obligation to post or use any Submission
you may provide and Pathfire may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions. You further represent that the
information you submit is not confidential.
Links To Third Party Web Sites\Content
Links to third party web sites or content on this Site are provided solely as a
convenience to you. If you use these links, you will leave this Site. We have
not reviewed these third party sites and do not control and are not responsible
for any of these sites or their content. We do not endorse or make any
representations about them, or any information, software or other products,
sweepstakes or materials found there, or any results that may be obtained from
using them.
If you decide to access any of the third party sites linked to this Site, or
decide to participate in any sweepstakes or contests offered by third parties
pursuant to links on Pathfire's Site, you do this entirely at your own risk.
Disclaimers/Warranty
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS
OF THE PATHFIRE AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE PATHFIRE
AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PATHFIRE, FOR ITSELF AND ON
BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF
ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. Neither Pathfire, nor its subsidiaries and affiliates
and their respective licensors (if any) and suppliers, warrant the accuracy,
completeness or quality of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PATHFIRE, ITS
SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE,
MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR
SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by Pathfire from its offices in the United
States of America. Pathfire makes no representation that materials or services
at this Site are appropriate or available for use outside the United States, and
access to them from territories where their contents are illegal is prohibited.
Export Laws
Software, Services, Materials, tools, and technical data delivered by or to
Pathfire may be subject to U.S. export controls or the trade laws of other
countries. You and Pathfire agree to comply with all export control regulations
and acknowledge that they have the responsibility to obtain such licenses to
export, re-export or import as may be required. You and Pathfire agree not to
export or re-export to entities on the most current U.S. export exclusion lists
or to any country subject to U.S. embargo or terrorist controls as specified in
the U.S. export laws. You and Pathfire will not use or provide Software,
Services, Materials, tools, and technical data for nuclear, missile, or chemical
biological weaponry end uses.
Indemnity
You agree to indemnify and hold Pathfire and its subsidiaries, affiliates,
shareholders, officers, directors, agents, licensors, suppliers, alliance
members, other partners, employees and representatives harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Your Submission, Your use of or connection to the Site
(including any use by You on behalf of Your employer), Your violation of the
Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the State
of Georgia. In the event of a dispute arising out of or relating to these terms
and conditions, or your use of or access to this Site, litigation must be
brought in state or federal court in the State of Georgia.
Waiver
The failure of Pathfire to exercise or enforce any right or provision of the
Terms does not constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of the Terms to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Services or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. Notwithstanding the foregoing, any
Software downloaded from this site is governed separately by the Pathfire
License Agreement.
Trademarks
"Pathfire Trademarks" means all names, marks, brands, logos, designs, trade
dress, slogans and other designations Pathfire uses in connection with its
products and services. You may not remove or alter any Pathfire Trademarks, or
co-brand your own products or material with Pathfire Trademarks, without
Pathfire's prior written consent. You acknowledge Pathfire's rights in Pathfire
Trademarks and agree that any use of Pathfire Trademarks by You shall inure to
Pathfire's sole benefit. You agree not to incorporate any Pathfire Trademarks
into Your trademarks, service marks, company names, Internet addresses, domain
names, or any other similar designations, for use on or in connection with
computer or Internet-related products, services or technologies.
The names of actual companies and products mentioned on the Site or in the
Materials may be the trademarks of their respective owners.
Safe Harbor Statement
Except for the historical information and discussions contained herein,
statements contained on this Site may constitute "forward-looking statements"
within the meaning of the Private Securities Litigation Reform Act of 1995.
These statements involve a number of risks, uncertainties and other factors that
could cause actual results to differ materially, including but not limited to
the following: the receipt and shipment of new orders, the timely release of
enhancements to the company's products, the growth rates of certain market
segments, the positioning of the company's products in those market segments,
variations in the demand for customer service and technical support, pricing
pressures and the competitive environment in the software industry, business and
consumer use of the Internet, and the company's ability to penetrate
international markets and manage its international operations. The company
undertakes no obligation to update information contained in this release. For
further information regarding risks and uncertainties associated with the
company's business, please refer to the company's filings with the Securities
and Exchange Commission.
General
Pathfire may update these terms at any time without notice by updating this
posting. You should visit this page from time to time to review the then-current
Terms because they are binding on you. If you have comments or questions about
our privacy policy, please Contact Us. We will address any issue to the best of
our ability.
Updated: March 28, 2007.
Please read our Privacy Policy and Terms of Use