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No portion of this service may be reproduced in any form,
or by any means, except as authorized below, without prior
written permission from Applanix Corporation.
1. Acceptance of Terms Through Use
WELCOME TO THE APPLANIX CORPORATION WEB SITE. BY ACCESSING
THIS WEB SITE ("SITE"), YOU ARE AGREEING TO BE BOUND
BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED
IN THE CURRENTLY POSTED "TERMS OF USE." THE TERMS
OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND APPLANIX CORPORATION
("APPLANIX"), AND ARE INTENDED TO HAVE THE SAME
FORCE AND EFFECT AS IF THEY HAD BEEN SIGNED BY THE PARTIES.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE
THIS SITE.
Please note that Applanix reserves the right to update and
change these Terms of Use from time to time at its sole discretion.
Please check the Terms of Use periodically for changes. Your
continued use of this Site following the posting of any changes
to the Terms of Use will confirm your acceptance of those
changes. In the case of any violation of these Terms of Use,
Applanix reserves the right to seek all remedies available
in law and equity for such violations.
2. Title and Ownership
All right, title and interest in and to the Site and to the
content and other information and materials available on this
Site (collectively the "Materials") are proprietary
to Applanix and its suppliers and are protected by worldwide
copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. All rights
not expressly granted under these Terms of Use are retained
by Applanix and its suppliers.
3. Limited License to Use Site
The Materials at this Site are copyrighted and any unauthorized
use of the Materials may violate copyright, trademark, and
other laws. You may print out or download on a single computer,
one copy of the Materials found on the Site for your personal,
non-commercial internal use only, unless specifically licensed
to do otherwise by Applanix in writing or as allowed by any
license terms which accompany or are provided with individual
Materials. The above notwithstanding, if you are a commercial
user of Applanix products you may print out and use a reasonable
number of copies of Materials related to those specific Applanix
products solely in connection with your authorized use of
such products. This is a license, not a transfer of title,
and is subject to the following restrictions: you may not:
(a) modify the Materials or use them for any public display,
performance, sale, rental, or for any commercial purpose except
as otherwise authorized above; (b) decompile, reverse engineer,
or disassemble software Materials except and only to the extent
permitted by applicable law; (c) remove any copyright or other
proprietary notices from the Materials; (d) transfer the Materials
to another person. You agree to prevent any unauthorized copying
of the Materials.
4. Termination of this License
If you violate these Terms of Use, your authorization to use
this Site automatically terminates and you must immediately
discontinue use of and destroy any downloaded or printed Materials
obtained from the Site.
5. Products and Services
Applanix's obligations with respect to its products and services
are governed solely by the agreements under which they are
provided. For example, if you download software from this
Site, use of the software shall be governed by the provisions
of the End User License Agreement or other software license
agreement that accompanies or is provided with the software.
If you obtain a product or service from Applanix through this
Site that is provided without an agreement, that product or
service is provided "AS-IS" with no warranties whatsoever,
express or implied, and your use of that product or service
is at your own risk.
6. Password-Protected Areas and Access
Certain services available through this Site may be accessed
from password-protected areas only. Access to and use of any
such service from a password protected area is restricted
to authorized users only who have met the qualifications required
by Applanix, in its sole discretion, for use thereof. Such
services may be provided subject to the terms and conditions
of a separate use or license agreement applicable to the specific
service, and posted at such password-protected area. In the
event of a conflict between these Terms of Use and provisions
contained in any such separate agreement applicable to a specific
service available through this Site, you agree that the latter
shall be controlling. Distribution of a password to any person
or entity not authorized to use the password is prohibited
and will result in immediate removal of the password holder's
rights to access this Site in whole or in part.
7. General Disclaimer and Limitation of Liability
Although Applanix has attempted to provide accurate information
on this Site, Applanix assumes no responsibility for the accuracy
of the information or Materials; nor does Applanix warrant
that the information or Materials are up to date; that this
Site will be available at any particular time or location;
that any defects or errors will be corrected; or that the
Materials are free of viruses or other harmful components.
Your use of this Site is at your sole risk. Applanix may change
the Materials or products mentioned at any time without notice.
Mention of non-Applanix products or services is for information
purposes only and constitutes neither an endorsement nor a
recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE
PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL APPLANIX OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR
DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE
THIS SITE OR ANY APPLANIX PRODUCT OR SERVICE, DAMAGES RESULTING
FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF
APPLANIX OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. User Communications
Applanix does not wish to receive confidential or proprietary
information from you through our Site, except as may be necessary
to enable us to provide products or services requested by
you. Please note that other than personal identifying information
required for such purposes, any information or communication
you transmit or post to this Site, and any data, images, sounds,
text, and other material embodied therein ("User Communication(s)")
will be considered non-confidential and non-proprietary. By
submitting User Communications to this Site you: (i) agree
that Applanix and its designees may disclose, reproduce, display,
perform, adapt, modify, distribute, have distributed, and
otherwise use such User Communications in any form, anywhere
and for any purpose, unless Applanix has by another writing
agreed to limit its use thereof; (ii) agree that Applanix
is free to use any ideas, concepts, know-how or techniques
that you send us for any purpose; and (iii) warrant and represent
that the public posting and use of your User Communications
by Applanix will not infringe or violate the rights of any
third party. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic,
or any other material that could give rise to any civil or
criminal liability under the law.
9. Removal of Materials and Discontinuation of Service;
Termination of Authorization to Use Site
Applanix reserves the right to remove Materials or discontinue
services available on this Site with or without notice. Applanix
further reserves the right to terminate your authorization
to use any services at this Site; to terminate your password,
if any; and to delete any one or more of your related accounts;
for any reason or for no reason, immediately and at any time.
10. 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. Applanix does not control, and is not responsible
for the accuracy or reliability of any information, materials,
data, opinions, advice or statements made on those sites,
or about any products found at those sites, or about any search
results that may be obtained from using them. Applanix provides
these links merely as a convenience and the inclusion of such
links does not imply an endorsement.
11. Linking to the Applanix Web Site
Generally, Applanix does not require third parties to request
permission to place a link on their Web site to an Applanix
Web page. Applanix does not ordinarily object to such links
if you refer to our company name or product names in a plain
text font and format, follow our general trademark guidelines,
and use appropriate wording such as "This way to Applanix
Corporation" or "Click here for more information
on Applanix products." By placing a link on your web
site to an Applanix web page, however, you agree to promptly
remove such link at Applanix's request. The link may only
connect web pages, and shall not connect to individual text
files (e.g., PDF, DOC) or graphics. Framing is not permitted.
You may not use the Applanix corporate logo or any other Applanix
logo, graphic or trademark to link to Applanix, except as
part of an Applanix authorized linking and logo use program,
or as otherwise agreed to in writing by Applanix.
12. Indemnification
Upon a request by Applanix, you agree to defend, indemnify,
and hold harmless Applanix and its subsidiaries, affiliates,
agents, co-branders or other business partners, and its and
their employees, contractors, officers, and directors from
all liabilities, claims, and expenses, including attorney's
fees, that arise from your use or misuse of this Site. Applanix
reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you agree to cooperate with Applanix
in asserting any available defenses.
13. International
This Site is administered by Applanix from its offices at
Toronto, Ontario in Canada. Applanix makes no representation
that Materials on this site are appropriate or available for
use in locations outside Canada, and accessing them from territories
where the Materials are illegal is prohibited. You may not
use or export or re-export the Materials at this Site or any
copy or adaptation in violation of any applicable laws or
regulations. If you choose to access this site from locations
outside Canada, you do so on your own initiative and are responsible
for compliance with applicable local laws.
14. General Provisions
Except as otherwise specified herein, these Terms of Use constitute
the entire agreement between you and Applanix with respect
to your use of this Site and supersedes all prior or contemporaneous
communication s and proposals (whether oral, written, or electronic)
between you and Applanix with respect to use of this Site.
You also may be subject to additional terms and conditions
that may apply when you use content, materials, software,
or services provided by third party providers to this Site.
Any rights not otherwise expressly granted by this Agreement
are reserved by Applanix. The failure of Applanix to exercise
or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision. If any
part of these Terms of Use is held invalid or unenforceable,
by a court of competent jurisdiction, that portion shall be
construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and
effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of
or related to use of this Site must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
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