PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following Terms and Conditions (“Terms”) govern your use of this IP Infusion Inc. (“IP Infusion”) web site (“Site”) and the materials and information (“Materials”) provided on the Site. Please read these Terms carefully before using the Site, and refer to them as necessary as you explore the Site. Your use of the Site means that you accept these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE IP INFUSION WEB SITE.
IP Infusion, the IP Infusion logo and ZebOS are either registered trademarks or trademarks of IP Infusion Inc. in the United States and/or other countries.
The Materials on this Site are provided by IP Infusion for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any Materials from this Site, you agree to these Terms. If you do not agree to these Terms, do not download any Materials from the Site.
“Materials” do not include software in any form. Software made available on this Site is subject to separate terms and conditions. “Materials” also do not include any materials, information or software available on other web sites that may be accessible through links on this Site.
OWNERSHIP OF MATERIALS: This Site and the Materials are owned and copyrighted exclusively by IP Infusion and are protected by worldwide copyright laws and treaty provisions. The Site and the Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, in whole or in part, without IP Infusions prior written permission. Except as specified below, nothing contained herein shall be construed as granting any express or implied rights under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights of IP Infusion or any third party. IP Infusions trademarks may be used only with prior written permission and proper acknowledgement. All other trademarks, brands, and product names are the property of their respective owners.
LICENSE TO USE MATERIALS: Subject to the above and the other Terms and Conditions contained herein, IP Infusion grants to you a non-exclusive, limited right to download, view, and print Materials solely for personal, informational, non-commercial purposes. This license does not apply to any software that may be available on this Site. Any use of software and related user documentation is subject to the terms of a separate software license agreement.
RESTRICTIONS ON USE: You agree not to (i) use any device, software or technique to interfere or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, illegal, fraudulent, threatening, harassing, libelous, defamatory, obscene, or pornographic material or any other material that would violate any copyright, any other intellectual property right, or any right of privacy or similar right or that would otherwise violate any applicable law, regulation or ordinance; (iii) post or send to the Site any information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Materials other than as expressly permitted herein; (v) take any action that could impose an unreasonable or disproportionately large load on the Sites infrastructure; or (vi) use any device or technology to make repeated automated attempts to access password-protected areas of the Site.
PASSWORD PROTECTION: Certain areas of the Site may be password-protected. Use of such areas is restricted to authorized users only. Unauthorized persons attempting to access password-protected areas of the Site shall be subject to prosecution. Authorized users are responsible for maintaining the confidentiality of their passwords and are fully responsible for all activities that occur through use of their passwords. You agree to notify IP Infusion immediately of any unauthorized use of your passwords.
TERMINATION OF THIS LICENSE: This license will terminate automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy the Materials, including any backup or archival copies and any partial copies.
DISCLAIMER: THIS SITE AND THE MATERIALS AND SERVICES AVAILABLE AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IP Infusion does not warrant the accuracy or completeness of the Materials or services at this Site. IP Infusion may make changes to the Materials and services at this Site, or to the products and prices described at this Site, at any time without notice. IP Infusion is not responsible or liable to you for any damages cause by viruses contained within this Site or Materials at the Site. The Materials and services at this Site may be out of date or inaccurate. IP Infusion makes no commitment to update or correct such Materials or services. Information published at this Site may refer to products, programs or services that are not available in your state or country. Contact [email protected] for information on products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY: IN NO EVENT WILL IP INFUSION, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, RESELLERS, LICENSEES, PARTNERS, AGENTS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE OR TO WHICH THIS SITE LINKS, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT IP INFUSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES: Other web sites that may be accessible through links on this Site are not under the control of IP Infusion and IP Infusion is not responsible for the content of any linked site or any link contained in a linked site. IP Infusion reserves the right to terminate any link or linking program at any time. IP Infusion does not endorse companies or products to which it links. If you decide to access any site that is accessible through this Site, you do this solely at your own risk.
LINKING TO THIS SITE: If you would like to link to this Site, please read and comply with the following: A site that links to IP Infusions Site may link to, but not replicate or redeliver, IP Infusion content. It may not: (i) create a browser or border (“frame”) environment around IP Infusion content; (ii) imply that IP Infusion is endorsing it or its products or services; (iii) misrepresent its relationship, if any, with IP Infusion; (iv) present false information about IP Infusion products or services; (v) use the IP Infusion logo or trademarks without written permission from IP Infusion; (vi) contain content that could be construed as distasteful, offensive or controversial; or (vii) contain any content that is not appropriate for all age groups.
UNSOLICITED IDEA SUBMISSIONS: IP Infusion and its employees and agents do not accept or consider unsolicited ideas, proposals or suggestions, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new product names, or any information that you consider to be confidential or proprietary. Do not send IP Infusion any unsolicited ideas, proposals or suggestions, any related works including artwork, documents or software, or any unsolicited information that you consider to be confidential or proprietary. If, despite the above, you do send us any unsolicited items or information, then regardless of anything you may say, you agree that all such items and information will be considered non-confidential and non-proprietary, and IP Infusion will have an unrestricted, world-wide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, disclose and distribute all such items and information, and IP Infusion will be free to use any ideas, concepts, know-how or techniques that you send us for any purpose and to copy, modify, disclose, distribute, incorporate and otherwise use the same and all data, programs, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. The foregoing does not supersede any written agreement that is signed by an authorized representative of IP Infusion.
INDEMNIFICATION BY USER: You agree to indemnify, defend, and hold IP Infusion, its officers, directors, employees, agents, subcontractors, partners, and resellers harmless from any liability, loss, claim, and expense, including attorneys fees and expenses, related to, or arising out of your violation of these Terms or use of the Site.
THIRD PARTY STATEMENTS ON THIS SITE: IP Infusion may, but is not obligated to, monitor or review statements made by third parties on this Site. Users or other third parties may post statements or information on some portions of the IP Infusion Site from time to time. IP Infusion makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. IP Infusion expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.
APPLICABLE LAWS: This Site is controlled by IP Infusion from its corporate headquarters located at 1188 East Arques Avenue, Sunnyvale, California, U.S.A. IP Infusion makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from countries or territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You agree to comply with all applicable laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your use of the Site. You acknowledge that the Materials are subject to U.S. export control laws and regulations. You may not use or export the Materials in violation of U.S. export control laws and regulations. Any claim relating to the Materials and/or this Site shall be governed and construed by the internal substantive laws of the State of California applicable to agreements made and entirely to be performed within such state, without its conflict of law provisions.
GENERAL: IP Infusion may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices, terms located on particular pages at this Site, or other written agreements.
TERMINATION: Notwithstanding any of these Terms, IP Infusion reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. If IP Infusion asks you to stop using this Site, you are to promptly return or destroy all copies of the Materials and confirm in writing to IP Infusion within seven (7) days that you have done so.
SEVERABILITY: If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and the validity and enforceability of any remaining provisions shall not be affected.
CONTACTS: If you have any questions regarding these Terms, please contact IP Infusion at [email protected].