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1. GENERAL This Terms of Use Agreement (“Agreement”) governs your access and use of the Algebraix Data Corporation (“Algebraix Data”) Website located at www.AlgebraixData.com (the “Site”). By accessing, browsing, and using the Site, you agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, you are not authorized to use the Site. 2. USE OF THE SITE You may only use the Site for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using the Site. The Site may contain links to other Internet sites and third-party resources. Algebraix Data is not responsible for either the availability of these outside resources or their content. Algebraix Data may, but is not obligated to, monitor your use of the Site. As part of your use of the Site, you may provide registration information to Algebraix Data. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information. 3. INTELLECTUAL PROPERTY The content of the Site is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on the Site solely for your own personal, noncommercial use, provided that none of the content is modified and all of Algebraix Data’s legal legends are retained. You may not “mirror” any content contained within the Site without the express prior written consent of Algebraix Data. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Algebraix Data or the appropriate copyright owner. Algebraix Data does not grant you any licenses, express or implied, to the intellectual property of Algebraix Data or its licensors except as expressly stated in this Agreement. 4. TRANSMISSION OF CONTENT Any material, information or ideas that you transmit to or post to or through the Site by any means will be treated as nonconfidential and nonproprietary, despite any legends to the contrary, and may be used by Algebraix Data for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Algebraix Data’s Privacy Policy, which can be found at http://Algebraix Data.com/business/privacy. You agree to the terms of such Privacy Policy by providing your personal information to Algebraix Data. You are prohibited from posting or transmitting to or through the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that is illegal or could give rise to legal liability under applicable law. 5. INTERNATIONAL USE The Site is controlled and operated by Algebraix Data from within the United States. Algebraix Data makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws. 6. U.S. GOVERNMENT RESTRICTED RIGHTS The content of the Site is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations. 7. LIMITATION OF LIABILITY THE SITE IS PROVIDED “AS IS” AND Algebraix Data MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND NONINTERFERENCE. UNDER NO CIRCUMSTANCES SHALL Algebraix Data BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF Algebraix Data KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU BUT IN ANY EVENT Algebraix Data’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8. MODIFICATIONS This Agreement may be modified by Algebraix Data at any time by updating and posting a new version on the Site. By using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use. 9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT In accordance with the Digital Millennium Copyright Act (17 USC § 512), Algebraix Data is registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent. The Designated Agent is Christopher M. Piedmonte, Chief Technical Officer of Algebraix Data Corporation, 12885 Research Boulevard, Suite 202, Austin, Texas 78750-3224 USA. Notifications should be mailed to 12885 Research Boulevard, Suite 202, Austin, Texas 78750- 3224 or faxed to +1 (512) 651-5844. You may also e-mail us at dmca_claims@algebraixdata.com. 10. TERM AND TERMINATION This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement. 11. GOVERNING LAW This Agreement and your use of the Site shall be governed by the laws of the State of Texas, without regard to principles of conflict of laws. 12. GENERAL The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
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