Terms Of Use

Terms Intro

Be sure to read this Terms of Use ("Terms of Use") as set forth below, as they cover the terms and conditions that apply to your use of the Licensed Product. The Licensor may change this Terms of Use from time to time. By continuing to use the Licensed Product following such modifications, you agree to be bound by such modifications to the Terms of Use.

Copies

You may download and/or save a copy of any screen(s) generated by the Licensed Product from time to time for archival and back-up purposes only, e.g. to preserve historical data. In order to protect the Licensor's copyrights in the Licensed Product, you agree to preserve, reproduce and/or incorporate any of Licensor's copyright notices in any such download or copy.

Licensed Product Ownership

The Licensed Product and all copies thereof are proprietary to the Licensor and title thereto remains with the Licensor. All of the Licensor's rights to patents, copyrights, trademarks and trade secrets in the Licensed Product or any modifications or derivative works thereof shall remain with the Licensor. You shall not sell, transfer, publish, or otherwise make available the Licensed Product or copies thereof to others. You agree to secure and protect the Licensed Product and any authorized copies thereof in a manner consistent with the maintenance of the Licensor's rights therein and to take appropriate action by instruction to or agreement with any employees or consultants who are permitted access to the Licensed Product to satisfy your obligations hereunder. All copies of the Licensed Product, including translations, compilations, partial copies with modifications and updated works, obtained from the Site are the property of the Licensor. The copyrights, trademarks and patents relating to the Products created by you while using the Site shall belong to you, provided, however, that you grant a non-transferable, non-exclusive, royalty-free and irrevocable license to make, use develop, sell, or otherwise deal with any product, software or invention, that you develop, create or make while using the Licensed Product, whether patentable or not.

Trademark/Copyrights

Licensor is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at the Site, and is the copyright owner or licensee of the content and/or information on the Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided herein or in any prior agreement with Licensor, for any purpose. However, you may print a copy of the information on this Site for your internal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Licensor does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual pr operty, by placing them on the Site. Changes to Site. Licensor reserves the right to change any information on the Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within the Site might take you to other web sites for which Licensor assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Site" below.) The content presented on the Site may vary depending upon your browser limitations.

Internet Access

You acknowledge and agree that you must: (a) provide for your own access to the Site and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the Site, including a computer and modem or other access device.

Disclaimer of Warranties

By using the Site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,, RESULTING FROM LICENSEE’S ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES,, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND (2) ANY WARRANTIES THAT THE SOFTWARE WILL ACCURATELY MAKE PREDICTIONS OR MEET YOUR OR ANY LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR THAT ANY DEFECTS IN THE SOFTWARE OR ANY ASSOCIATED LICENSED DOCUMENTATION WILL BE OR CAN BE CORRECTED, AND (3) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELA Y IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

WAIVER OF DAMAGES

NEITHER THE LICENSOR NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF USE OF THE SITE OR THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE, USE, MISUSE, OR PERFORMANCE THEREOF), AND/OR THE LICENSED DOCUMENTATION, OR ANY INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF OR WHETHER OR NOT LICENSOR IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF LICENSOR, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

User Conduct On the Site

While using the Site, you may not: 1. restrict or inhibit any other user from using and enjoying the Site; or 2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or 3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Licensor) or engage in spamming or flooding; or 4. post or transmit any information or software which contains a vir us, trojan horse, worm or other harmful component; or 5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted in a prior agreement with Licensor or by the provider of such information, software or other material); or 6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or 7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

Site Monitoring

Licensor has no obligation to monitor the Site. However, you acknowledge and agree that Licensor has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Licensor reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, Licensor is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Failure to Comply With Terms of Use/License and Termination

You acknowledge and agree that Licensor may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Licensor in its sole discretion believes violate the Agreement or this Terms of Use, violate the rights of Licensor, or is otherwise inappropriate for continued access.

Links from and to this Site

You acknowledge and agree that Licensor and any of its Site co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Licensor or its Site co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Information in the web pages that are linked to the Site comes from a variety of sources. Licensor does not author, edit, or monitor these pages or links. You acknowledge and agree that Licensor and any Site co-branding providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information

Licensor is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is not disclosed to unauthorized recipients. However, the Internet is an open system and Licensor cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Confidentiality

You agree to keep secret and confidential and shall not disclose, provide or otherwise make available to any person the Software or the Licensed Product. You shall use your best efforts and shall employ reasonable security measures where necessary, to prevent any unauthorized disclosure of the Software or the Licensed Product and shall immediately advise Licensor of any information you have or receive of any unauthorized disclosure or access thereof. You shall have no confidentiality obligations with respect to that information which has entered the public domain through no breach of any confidentiality obligation of any person. Indemnity. You agree to defend, indemnify and hold Licensor and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your use or misuse of the Software or the Licensed Product, and /or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of the Terms of Use by you or users of your account.

Miscellaneous

The Terms of Use and the relationship between you and Licensor shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and Licensor agree that jurisdiction and venue for all disputes arising out of or relating hereto shall be proper in the state and federal courts situated in Pittsburgh, Pennsylvania and hereby submit to jurisdiction and venue in such courts. The failure of Licensor 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 provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intended meaning thereof as reflected in the provision, and that the other provisions of the Terms of Use shall remain in full force and effect. LICENSOR IS NOT RESPONSIBLE FOR AND D ISCLAIMS ALL LIABILITY RELATING TO THE CONTENT OF THE SITE AND THE CONTENT OF ANY LINKS LOCATED ON OR TO THE SITE.

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