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FinerEdge Software Website Use


ACCEPTANCE OF TERMS

The following are terms ("terms") of a legal agreement between you ("you") and FinerEdge Software ("FinerEdge"). FinerEdge provides this website ("Site"), which includes a variety of information, communications, files, graphics, and software products ("Materials") as well as all services provided by FinerEdge through the Site ("Services"), for your use subject to the terms set forth in this document.

By using this Site, including use of the Services or downloading of Materials, you agree to and are bound by the terms. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms on your employer's behalf. You acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.

The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by FinerEdge from its office within the United States. FinerEdge makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Information on this Site may contain technical inaccuracies or typographical errors. FinerEdge assumes no responsibility regarding the accuracy of the information and use of such information is at the recipient's own risk. Furthermore, FinerEdge provides no assurances that your problems may be resolved with the use of any Services or Materials FinerEdge provides.

Information on this Site may be changed or updated without notice. FinerEdge may also make improvements or changes in the Services and Materials at any time without notice. If any modification is unacceptable to you, your only recourse is to terminate your use of our site. Your continued use of the Site, or any Materials or Services accessible through it, after such changes have been made constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the terms, rules and guidelines posted on the Site at the time of such use.

In addition to the terms and unless otherwise noted, your License Agreement with FinerEdge is a separate agreement. If there is a conflict between these terms and the License Agreement, the License Agreement will prevail.

USE OF SOFTWARE

The software and accompanying Materials that are available to download from this Site are the copyrighted and/or patented work of FinerEdge and/or their suppliers. Use of the software is governed by the terms of the License Agreement that accompanies the software. You are not allowed to download or install any software that is accompanied by or includes an license agreement unless you agree to the terms. If you do not agree to such terms, you are not allowed to use the software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software that is not in accordance with the License Agreement is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FINEREDGE SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PENALTY

Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to $250,000 USD and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringer, or statutory damages of up to $100,000 USD for willful copyright infringement.

INTELLECTUAL PROPERTY

FinerEdge is committed to respecting other's intellectual property rights, and we ask our users to do the same. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services.

The Materials and Services on this Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. By furnishing such information, FinerEdge does not grant any licenses to any copyrights, patents, or any other intellectual property rights.

All content included on Our Site, such as text, graphics, logos, button icons, images, audio clips and software, is Our property or that of Our content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Our Site is Our property protected by U.S. and international copyright laws. All software used on Our Site is our property or that of Our software suppliers and is protected by U.S. and international copyright laws.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE

Permission to use Materials (such as white papers, press releases, datasheets and FAQs) from the Site is granted, provided that (1) the below copyright notice appears in all copies (2) no modifications of any Materials are made.

LINKS TO THIRD PARTY SITES

Links on this site will enable you to leave FinerEdge's site. The linked sites are not under the control of FinerEdge and FinerEdge is not responsible for the contents of any linked site. These links are provided to you as a courtesy and the inclusion of any link does not imply endorsement.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree NOT TO:

MATERIALS PROVIDED TO FINEREDGE

FinerEdge does not claim ownership of the materials you provide to FinerEdge (including feedback and suggestions) by posting, uploading, inputting, emailing or otherwise submitting. However, by doing so you are granting FinerEdge the permission to use the material in connection with the operation of their Internet businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your material; to publish your name in connection with your material.

FinerEdge does not want to receive confidential or proprietary information from you through our Site. Information and materials sent to FinerEdge will be deemed NOT to be confidential.

No compensation will be paid with respect to the use of your Submission, as provided herein. FinerEdge is under no obligation to use any material you may provide.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy statement disclosures relating to the collection and use of your information.

WARRANTIES AND DISCLAIMERS

YOUR USE OF THIS SITE, IT'S MATERIALS AND SERVICES IS AT YOUR SOLE RISK. THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FINEREDGE MAKES NO WARRANTY THAT (1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM THE DOWNLOAD. FINEREDGE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINEREDGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FINEREDGE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FINEREDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR "LINKED TO" FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will defend and hold harmless FinerEdge Software, its parents, subsidiaries, affiliates, contractors, agents, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to Our Site.

NOTICE TO U.S. GOVERNMENT USERS

All FinerEdge products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. ยง2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation,". Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to FinerEdge products, Services, Materials and programs that are not available in your country. These references do not imply that FinerEdge intends to announce such products, Services, Materials, or programs in your country.

EXPORT CONTROL LAWS

The export and re-export of FinerEdge software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia and the Sudan or any country to which the United States embargoes goods. This list is subject to change without further notice from FinerEdge, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

FORWARD-LOOKING STATEMENTS DISCLAIMER

This Site may now, or hereafter from time to time, contain certain statements or information with respect to the plans and objectives of FinerEdge, including those relating to the Materials and Services of FinerEdge as well as to assumptions underlying or relating to forgoing statements or information. Forward-looking statements are based upon, or will be based upon, FinerEdge's judgement with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. FinerEdge wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by FinerEdge from its offices within the State of California, United States of America. By accessing this Site, you and FinerEdge agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of law or principles thereof. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any state or federal court sitting in San Diego County, California, USA, and you will not commence an action or proceeding relating to the subject matter of these terms in any other jurisdiction. Both FinerEdge and You expressly waive a trial by jury.

GENERAL

Your acceptance of these terms and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between FinerEdge and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the terms shall continue in full force and effect. Any failure by FinerEdge to enforce or exercise any provision of the terms or related right shall not constitute a waiver of that right or provision.

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