Through the Infragistics Site, you have access to a variety of resources and content. These include: (a) sample applications and demonstration material ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video, and documents such as press releases, testimonials, white papers and product data sheets ("Materials"); and (c) forums and product demo websites that you can share, post, publish, transmit or make available information ("Services"). Software, Materials, Services, and other information, content and services are collectively referred to as "Content."
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Content is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Content.
Use of Software
Any Software that is made available to download from the Content is the copyrighted work of Infragistics. Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies, is available on the License Agreement page on Site, or is included with the Software, exhibits, and other terms and conditions that apply ("License Agreement"). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) any copy you make must include this copyright notice. If attribution to Infragistics is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of Infragistics; (c) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server 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. Manufacturer is Infragistics, Inc., 2 Commerce Drive, Cranbury, NJ 08512.
Use of Sample Software
For your convenience, Infragistics may make available as part of the Content or in its software products, tools, sample applications, examples, and utilities for use and/or download. Infragistics does not make any assurances with regard to the accuracy of the results or output that derives from such use or any such tools, sample applications, examples, and utilities. All supplied tools, sample applications, examples, and utilities are Infragistics Intellectual Property.
Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that Infragistics publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed unless explicitly stated that distributed is allowed.
Permission to use Documents (such as white papers, press releases, and datasheets) from Content is granted, provided that (1) Infragistics copyright notice appears, (2) use of such Documents from the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom.
Use of Services
Services are provided as a convenience to users and Infragistics is not obligated to provide any technical support for, or participate in, Services. While Services may include information regarding Infragistics products and services, including information from Infragistics employees, they are not an official customer support channel for Infragistics with the exception of Infragistics’ Forums.
You may use Services subject to the following: (a) Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Infragistics; (d) you agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service.
Your Content and Services
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Infragistics all of the licenses and rights set forth herein. By Sharing Content, you grant Infragistics a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Infragistics product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Infragistics without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Infragistics' exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes defamatory or profanity statements, bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including copyright, patent, trade secrets, or other intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; (k) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (l) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (m) restrict or inhibit any other user from using and enjoying Services; (n) collect information about others, including e-mail addresses; (o) overloads or supplies information intended to cause disruption or degrade performance of Services; or (p) create a false identity for the purpose of misleading others. Infragistics may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Infragistics has no obligation to monitor the Services. However, Infragistics reserves the right to review materials posted to the Services and to remove any materials at its sole discretion. Infragistics reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Infragistics reserves the right at all times to disclose any information as Infragistics deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Infragistics' sole discretion.
Content Provided to Infragistics or Posted to any Infragistics Website
Infragistics does not claim ownership of the materials you provide to Infragistics (including feedback and suggestions, ideas, concepts, know-how, or techniques) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Infragistics permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Infragistics Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
Infragistics is not subject to any obligation of confidentiality with respect to your Submission, you are granting Infragistics permission to use your Submission so long as Infragistics does not infringe any patent or copyright rights you may have. You will only retain rights you may have in the information under federal patent or copyright law. Accordingly, you understand and acknowledge that Infragistics may use, publish, market and distribute products and services that compete with your Submission or that are otherwise similar to your Submission, so long as Infragistics does not infringe any patent or copyright rights you may have.
Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Infragistics. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Infragistics reserves the right to terminate the permissions granted to you and your use of the Content at any time.
Security, Passwords and Access of the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Infragistics accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Infragistics accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Infragistics accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Infragistics accounts, computer systems or networks without Infragistics' express written permission.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Infragistics immediately of any unauthorized use of your account or any other breach of security.
Infragistics will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Infragistics or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
Limitation of Liability
IN NO EVENT SHALL INFRAGISTICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
Disclaimer of Content on Site
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INFRAGISTICS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INFRAGISTICS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFRAGISTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. INFRAGISTICS MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) THE CONTENT OF THIS SITE IS FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. INFRAGISTICS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
INFRAGISTICS 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 WITHOUT NOTICE.
Termination of Use
Infragistics may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Infragistics may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Infragistics may terminate or limit your access to or use of the Site if Infragistics determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Infragistics shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.
Export Restrictions/ Legal Compliance
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority and comply with the U.S. Export Regulations as specified in Infragistics’ License Agreements.
Links to Third Part Web Sites
The links in this web site will allow you to leave Infragistics' web site. The linked sites are NOT under the control of Infragistics, and Infragistics is not responsible for the contents of any linked site or any link contained in any linked site. Infragistics is not responsible for any changes or updates to such sites. Infragistics provides these links to you solely as a convenience. The inclusion of any link does not constitute nor imply endorsement by Infragistics of the linked site.
Waiver and Severability
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of New Jersey. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Trenton or Newark, New Jersey. You and Infragistics agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.