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Acceptance of Terms | Use of Information | Access to the Site | Use of Software | Third Party Web Sites | Submisssion | DISCLAIMER OF WARRANTIES | LIMITATIONS OF LIABILITY | No Additional Rights | International Users | Export of Information | Miscellaneous
Acceptance of Terms
Use of Information
Except as otherwise indicated on this Site, you are permitted to view, print, copy and download Materials on this Site subject to the following terms and conditions:
Access to the Site
Use of Software
The software and accompanying documentation available to download from this Site are the copyrighted work of Ipswitch. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license agreement accompanies the download, the terms of the license, which accompanies the original product being updated, will govern. You will not be able to use, download, or install any software unless you agree the terms of such end user license agreement.
Any software that is downloaded from the Site for or on behalf of the United States of America is considered a “commercial component” as that term is defined in the Code of Federal Regulations. Consistent with applicable sections of the Code of Federal Regulations, all U.S. Government entities acquire the software subject to the rights set forth in the end user license agreement.
Third Party Web Sites
Ipswitch’s site may provide links to third-party web sites, which are not under the control of Ipswitch. Ipswitch makes no representations about third-party web sites. Ipswitch is not responsible for the reliability of any data, opinions, advice, or statements made on third party sites. Ipswitch provides these links merely as a convenience. The inclusion of such links does not imply that Ipswitch endorses, recommends, or accepts any responsibility for the content of such sites. Ipswitch shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third party web site or any information or materials received from a third party web site.
Ipswitch does not want to receive confidential or proprietary information through its Site.
Any information sent to Ipswitch, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant Ipswitch an unrestricted, irrevocable license to display, use, modify, reproduce, and distribute any information you send Ipswitch, for any and all commercial and non-commercial purposes.
You also agree that Ipswitch is free to use any ideas, concepts, or techniques that you send Ipswitch for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts or techniques.
Ipswitch may, but is not obligated to, review or monitor areas on its Site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. Ipswitch is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.
You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Ipswitch will have no liability related to the content of any such communications.
DISCLAIMER OF WARRANTIES
ALL MATERIALS PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IPSWITCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, IPSWITCH DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL IPSWITCH BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, EVEN IF IPSWITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL IPSWITCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE EXCEED $1.
No Additional Rights
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply the Ipswitch intends to announce such products, services or programs in your country. Ipswitch makes no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and the United States and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain countries. It is your responsibility to comply with all applicable international, national, state, regional, and local laws, and regulations, including any applicable import and use restrictions.
These terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Except as expressly agreed by Ipswitch and you, these Terms constitute the entire Agreement between you and Ipswitch with respect to the subject matter and use of the Site.
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