By using the Steelwedge Software, Inc. Web Sites (“Site”), you agree to these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Steelwedge Site.
1. Introduction and Acceptance of Terms of Use.
Welcome to Steelwedge Software, Inc. ("SW"). SW offers you a wide range of resources and content via its Site, including software and software as a service offerings (“Software”); web pages, data, messages, text, images, photographs, graphics, audio and video materials, press releases, white papers, product and service data sheets, communication tools, forums, chat areas, blogs, e-mail functions and other services whereby you can upload, download, share, e-mail, post, publish, transmit or otherwise access or make Content, as defined below (“Materials”). Software, Materials, other information, content and services are collectively referred to as “Content.” By accessing or using the Site or the Content provided on or through the Site, you are agreeing to accept and comply with the terms and conditions of use regarding such access and use as stated below ("Terms of Use") and our Privacy Policy, both of which SW may update at any time without notice and will be effective when posted on the Site. You should visit these pages periodically to review the then-current Terms of Use and Privacy Policy. You can view the current Terms of Use at www.steelwedge.com/terms and Privacy Policy at www.steelwedge.com/privacy. Please note that SW may, at its sole discretion, terminate or limit your access to and use of the Site at any time without notice and will not be liable to you or any third party for any such termination or limitation.
2. Limited Right to Use. The Site is owned and operated by SW. Unless otherwise specified, the Site and all Content provided on or through the Site are the property of SW or its suppliers, partners or other third parties and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. All rights, title and interests not expressly granted with respect to the Site and Content provided on or through the Site are reserved. Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license/subscription agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users) (“Guidelines”). If there is a conflict or inconsistency between the Terms of Use and the Guidelines, the Guidelines shall govern your access and use of the Site and Content.
Your use of Software is subject to all agreements such as license/subscription or end user agreements that accompany or are included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). Software provided to you on or through the Site and not licensed to you through License/Subscription terms and Materials published, broadcast or downloaded through the Site may be solely used for your personal, informational and noncommercial purposes, provided you keep intact all copyright and other proprietary notices, and may not be copied, reproduced, modified, altered, republished, transmitted or distributed in any way or by any means without prior express written permission from SW. The use of any Content on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. Any personal data regarding other users may not be stored or collected, unless expressly authorized by SW in writing.
Minors are not eligible to use the Site, and SW requests that they do not submit information to SW.
You agree to not use the Site or its Content for any purpose that is unlawful or prohibited by this Terms of Use.
3. Communications.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to the Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to SW will be deemed, at the time of communication to SW, the property of SW (“Feedback”), and hereby grant SW a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to SW, further to which SW shall be entitled to full rights of ownership, including without limitation, unrestricted right to use, disclose, reproduce, distribute, modify, translate or publish such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You warrant that you have the right and authority to grant the license, SW’s exercise of its rights further to such license will not infringe or violate third party rights, and all related moral rights have been waived to the full extent allowable by law.
You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this Site to share, distribute, link to or solicit content that is defamatory, derogatory, degrading, harassing, or promoting racism, hatred or harm to any individual or group, constitutes a personal attack; unlawful, promoting violation of applicable laws or regulations, libelous, harmful to minors, threatening, obscene, false, misleading; infringing or promotes the infringement of a third party intellectual, privacy or other rights; incorporating a third party’s confidential, sensitive or personal information; containing binary executable code; solicitous or promoting of funds, goods or services; or containing viruses, Trojan horses or other components designed to limit or harm the functionality of a computer.
4. Access to Password Protected or Secured Areas.
You shall not access or use the Site in order to damage, interfere with the proper functioning, overburden or impair (or attempt any of the foregoing), the Site or SW accounts, computer systems or networks (“System”) and agree to not use any robot, spider, scraper or other automated means to access the Site or the System. Access to and use of password protected or secured areas of the Site, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on the Site and are responsible for notifying SW promptly of any changes to such information. You are solely responsible for maintaining the confidentiality of any username or password used to access the Site that you choose, is chosen by your web administrator on your behalf, or by SW if requested to do so. You are also solely responsible for all activities that occur under your username/password or as a result of access to the Site. You will not misuse or share your username, password or access to the Site, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Content you are exposed to through the Site. You agree to promptly notify SW of any unauthorized or suspected unauthorized use of the password(s) or account(s).
5. Monitoring. Although SW is not obligated to do so, it will have the right to monitor all use and activity on the Site and review the Site, Contents and your communications on the Site to determine whether you comply with our Terms of Use. SW will not have any liability or responsibility for the content of any communications you post to the Site, or for any errors or violations of any laws or regulations by you and, in its sole discretion, may remove or choose to not make available any Content on or through the site . SW will comply with any court order in disclosing the identity of any person posting communications on the Site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via the Site, you will also be subject to their privacy policies.
6. Links to Other Sites.
SW provided links to the Site and access to Content, products and services of third parties (“Linked Sites”). The Linked Sites are not under the control of SW and SW is not responsible for the content of any Linked Site or any link contained in a linked site. SW reserves the right to terminate any link at any time. SW may provide links from the Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access and use any of the third party sites linked to the Site, you do this entirely at your own risk. SW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
7. Trademarks. The trademarks, service marks and logos of SW and others used in the Site ("Trademarks") are the property of SW and their respective owners. You have no right to use any such Trademarks, and nothing contained in the Site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of SW or the respective owner.
8. Indemnity.
You agree to indemnify, defend and hold SW and its officers, directors, employees and agents harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of the Site, your violation of this Terms of Use or violation or infringement of any third party rights.
9. Limitation of Liability. IN NO EVENT SHALL SW OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF SW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT PERMITTED BY LAW.
10. Disclaimer. SW assumes no responsibility for accuracy, correctness, timeliness, availability or content of the Content provided on the Site. You should not assume that the Content on the Site is continuously updated or otherwise contain current information. SW is not responsible for supplying Content from the Site that has expired or been removed. THE MATERIALS PROVIDED AT THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY DISCLAIMED WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. SW makes no warranty that the Site or any Content purchased or obtained by you from the Site will meet your requirements or expectations, the Site will be available on an interrupted, timely, secure, or error-free basis, or the results obtained from the use of the Site or its Content are accurate or reliable.
SW RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME AND WITHOUT NOTICE. ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED AT YOUR OWN RISK. SW SHALL HAVE NO RESPONSBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
11. Export Restrictions. The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to the Site and which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation. As may be applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of SW services outside the United States.
12. Applicable Laws. All matters relating to access and use of the Site and Content provided on or through or uploaded to the Site shall be governed by the federal laws of the United States, and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of the Site shall be in Alameda County, California if in state court and in the Northern District of California if in Federal Court.
13. General. If you have any questions regarding the Terms of Use,
please contact us at legal@steelwedge.com.
For other general questions, please contact us at info@steelwedge.com.
