COLOR-LOGIC WEBSITE ACCEPTABLE USE POLICY
In General
Your use of COLOR-LOGIC INC ("Color-Logic") Website (the "Site"), and all information, products and services on the Site are subject to the legal terms and conditions set forth below ("Terms"). Color-Logic may update the Terms from time to time without giving you any notice. Unless Color-Logic lets you know by giving you a notice, any new features or updated services of the Site that Color-Logic puts on the Site will be subject to the current version of the Terms. BY ACKNOWLEDGING AT THE END OF THIS POLICY, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SITE FOR ANY PURPOSE. The Site contains links to Web pages and services that are operated by Color-Logic. Your use of the Site, each Web page and/or service associated with it is subject to the Terms. If there is any conflict between the Terms set forth below and any of the terms or notices appearing on any other webpage of the Site, then the terms of use on the applicable web page will control your use of that webpage. Please review the terms of use for each webpage so that you understand all of the terms that will apply. Color-Logic is pleased to give you access to the Site in conjunction with your licensed use of its Color-Logic software, libraries or files (the "Software"). In order to access the Site, you will need to establish an account with an Internet service provider. You will also need equipment to access the Site, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Site and use the services associated with the Site. Color-Logic is not responsible for any of these costs and you agree to reimburse Color-Logic for these costs should any of them be charged to Color-Logic.
Use of the Site
The Software and this Site are protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws. You may use this Site in conjunction with the permitted uses set forth in your Software license agreement. You may make a single copy of the individual screens you see on the Site when you use them, but only in a manner consistent with the Terms and the permitted uses in your Software license agreement. You cannot distribute or transfer copies of the individual screens to others in exchange for money or other consideration. You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Site, except as set forth below. This means that you may not mirror the home page or results pages of the Site or on your own Web site or Web page.
No License Granted
Except for allowing you to use the Site in conjunction with the permitted uses set forth in your Software license agreement, when you use the Site, you are not receiving a license or any other rights from Color-Logic, including intellectual property or other proprietary rights of Color-Logic. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER COLOR-LOGIC PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS OR IN YOUR SOFTWARE LICENSE AGREEMENT.
Conduct While Using Site
Color-Logic believes that all users of the Site benefit from basic rules regarding conduct while using the Site. The Site is intended to be used in conjunction with your Software and only for the permitted uses set forth in your Software license agreement. The Site, information contained on the Site, and the reputation of Color-Logic is jeopardized when individuals act irresponsibly while using the Site. To this end, we require that you agree to follow the following basic rules of conduct before, and when using, the Site:
1. You will follow these Terms, the terms and conditions of your Software license agreement and all applicable laws;
2. If you have access to the Site through a password provided by Color-Logic. You will never give your password to anyone;
3. You will not harass, threaten or abuse other people when using the Site in any manner;
4. You will not interfere with others' use of the Site, including others' information, or otherwise act in a way that negatively affects other users' use or enjoyment of the Site;
5. You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;
6. You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
7. You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
8. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Color-Logic; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
9. You will not use the Site to harm minors in any way, or encourage interactions with minors of a sexual nature;
10. You will not manipulate the Site or services provided by the Site so as to hide your identity or participation in the services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
11. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the services on the Site;
12. You will not retrieve any data or other content from this Site (systematically or otherwise) except in accordance with and in a manner consistent with the Terms and your Software license agreement;
13. You will not retrieve any data or other content from this Site (systematically or otherwise) to create or compile, directly or indirectly, a collection, compilation, database, directory or any other record of the data and/or content without Color-Logic's express written permission;
14. You will not transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rule or regulations;
15. You will not access, or attempt to access, the accounts or data of others, or to penetrate measures of Color-Logic's or other users' computer software or hardware, electronic communication system, or telecommunications systems, whether or not the intrusion results in the corruption or loss of data;
16. You will not infringe, or attempt to infringe, on the intellectual property rights, including, but not limited to, material protected by copyright, trademark, patent, trade secret, or other proprietary information, of Color-Logic of any other party; and
17. You will not collect, or attempt to collect, personal or proprietary information about Color-Logic or any other party from the Site.
If you use the data, content and/or materials from the Site for any purpose not expressly permitted in these Terms, violate any of the other guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Color-Logic MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT COLOR-LOGIC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES ON THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, COLOR-LOGIC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLOR-LOGIC BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY. IN NO EVENT SHALL COLOR-LOGIC'S LIABILITY EXCEED, JOINTLY OR SEVERALLY, $50.
Access Restrictions; Termination
Color-Logic can terminate your access to the Site, or the services to the Site at any time, including accounts you have created while on the Site. We can also change these Terms at any time, without notice, and your continued use of the Site after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
Use of Color-Logic & Color-Logic logos & Static Screen Shots
You may use our screen shots and Color-Logic and Color-Logic logos for purposes consented to in writing by an authorized officer of Color-Logic.
Miscellaneous
This contract shall be governed by and construed in accordance with the laws of the State of Ohio without regard to conflict of laws principles. These Terms, as amended from time to time, and your Software license agreement set forth the entire understanding between you and Color-Logic and supersede any and all prior or contemporaneous agreements or understandings between you and Color-Logic, whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Butler County, Ohio, U.S.A., regarding any and all disputes relating to these Terms, your use of the Site. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an authorized officer of Color-Logic. If the performance by Color-Logic of the Terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of Color-Logic, you shall excuse, without further action or notice, Color-Logic's performance to the extent of such prevention, restriction or interference.