Legal Policy

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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