This agreement is made by and between you, the user, and DIGITAL CELERITY. By using this Web site you agree that you have read, understand and agree to follow and be bound by the terms and conditions of this agreement. You represent that you are legally capable of entering into a contract, and that you are legally entering into this agreement, whereby which you agree to follow and be bound by the terms and conditions in this agreement.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR DOWNLOAD ANY MATERIALS FROM THIS WEB SITE.
DIGITAL CELERITY does not assume liability for any party not a party to this agreement, and nor does DIGITAL CELERITY assume liability for any third party, nor is this agreement intended to, nor does this agreement, establish any third-party beneficiary arrangement or rights in any party not a party to this agreement.
Terms of Condition
Under this agreement, you have the right to use the Web site and download material from this Web site solely for your personal, noncommercial use. Material downloaded from this Web site may be displayed for your personal, noncommercial use provided that the material is not modified in any way, and that all notices are maintained without any change, including copyright, trademark and other notices.
You may not link this site with any other site without the prior written consent of DIGITAL CELERITY.
You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any local, state, federal or international law, ordinance or statute.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right of any of the intellectual property of DIGITAL CELERITY or of any third party.
Any DIGITAL CELERITY trademarks, registered trademarks or third party trademarks are the property of their respective owners. No use of any DIGITAL CELERITY trademark, registered trademark or third party trademark is permitted without the prior written consent of DIGITAL CELERITY or the third party, which may own the trademark.
DIGITAL CELERITY assumes no responsibility for the accuracy of the information presented on this Web site. Information on this Web site may contain technical inaccuracies or typographical errors. THE MATERIALS ARE PROVIDED "AS IS" AND DIGITAL CELERITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS OR SERVICES) PROVIDED ON ANY DIGITAL CELERITY WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHATABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion as to implied warranties may not apply to you.
DIGITAL CELERITY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THIS WEB SITE IS FREE OF ANY VIRUSES. ALLEN SYSTEMS GROUP DOES NOT ASSUME ANY LIABILITY FOR, AND YOU WILL NOT HOLD DIGITAL CELERITY LIABLE FOR, ANY AND ALL DAMAGES RESULTING FROM VIRUS INFECTION.
DIGITAL CELERITY makes no representations whatsoever about any other Web site which you may access through this Web site. Web sites linked to by DIGITAL CELERITY are not under the control of DIGITAL CELERITY and DIGITAL CELERITY is not responsible for the content of any linked site or any link contained in a linked site. DIGITAL CELERITY reserves the right to terminate any link or linking program at any time. DIGITAL CELERITY does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.
Restricted Rights Legend
The materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the 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 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable. Contractor/manufacturer is Digital Celerity Software, 1445 Kol Circle, Suite 101, San Jose, CA 95112.
Limitation of Liabilities
IN NO EVENT WILL DIGITAL CELERITY BE LIABLE TO ANY PARTY FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, RELIANCE ON INFORMATION PRESENTED ON THIS WEBSITE, OR FOR USE OR RELIANCE ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, COSTS OF REPLACEMENT GOODS, EVEN IF DIGITAL CELERITY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall be liable for, and shall indemnify, DIGITAL CELERITY, its directors, officers, affiliates, employees and representatives for, and shall hold harmless, protect and defend DIGITAL CELERITY, its directors, officers, affiliates, employees and representatives from and against, and shall reimburse DIGITAL CELERITY, its directors, officers, affiliates, employees and representatives for, any and all damages sustained, incurred or suffered by DIGITAL CELERITY, its directors, officers, affiliates, employees and representatives resulting or arising in connection with your use of the Web site.
DIGITAL CELERITY has the right at any time to change or modify the terms and conditions of this agreement at any time without notice. DIGITAL CELERITY may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. DIGITAL CELERITY has the right at any time to change the information presented on the Web site at any time without notice. Such modifications and changes become effective immediately and the obligation shall be upon you to determine the current terms and conditions of this agreement and to download the most current version of the Web site.
Governing Law and Venue
This Web site is controlled by DIGITAL CELERITY from its offices in San Jose, California, U.S.A. All matters relating to this Web site and this agreement shall be governed by U.S. federal law or the laws of the State of California without regards to the conflicts of law provisions thereto. Any legal action or proceeding relating to this Web site or this agreement shall be instituted in a state court in Santa Clara County, California, or federal court in Santa Clara County, California. You and DIGITAL CELERITY agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You must bring any action under this agreement within, the earlier of, six (6) months of a breach by DIGITAL CELERITY, or six (6) months of when you should have had knowledge of a breach by DIGITAL CELERITY, regardless of the applicable statute of limitations.
You agree to be bound by all applicable laws and regulations that may pertain to this Web site, including the export laws and regulations of the United States.
DIGITAL CELERITY may terminate this agreement if you violate any provision of this agreement or any other applicable laws or regulations.
This agreement supersedes any other agreement, whether oral or in writing, between the parties regarding the subject of this agreement, and renders such other agreements between the parties null and void.
Confidentiality and Privacy
DIGITAL CELERITY does not want to receive confidential or proprietary information from you through our Web site. Any material, information or other communication you transmit or post to this Web site will be considered non-confidential and non-proprietary. DIGITAL CELERITY will have no obligations with respect to this information. DIGITAL CELERITY and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
When you visit our Web site, we receive certain information about you. The information we receive depends upon what you do when visiting our site. In general, you can visit DIGITAL CELERITY.com without revealing any information about yourself and it is our intent to let you know before we collect any personal information from you on our Web site.
When you visit our Web site, our Web server automatically recognizes the name of the domain from which you access the Internet, the date and time you access our site, and the Internet Protocol (IP) address of the Web site from where you came. We analyze this data for trends and statistics, and then we discard it. These statistics help us to better understand how our site is being used and what we can do to make it more useful to visitors. The information that we collect is used to improve the content of our Web site and to improve our service to you.
If you choose to give us personal information via our Web site that we or our business partners may need to correspond with you, to process an order or to provide you with other services, etc. - it is our intent to let you know how we will use that information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will not do so.
Information volunteered by you, such as survey information and/or comments or feedback, is used only for internal purposes and is not shared with people or organizations outside of DIGITAL CELERITY.
If you request specific information via email or online forms, DIGITAL CELERITY employees and business partners may use such information to contact you for marketing purposes. This information is not shared with other organizations for commercial purposes.
We intend to protect the quality and integrity of your personally identifiable information. We have implemented appropriate technical and managerial procedures to maintain information that is accurate, correct and complete. We will make a sincere effort to respond to your requests to correct personal information inaccuracies in a timely manner.
The DIGITAL CELERITY Web site contains links to other Web sites. DIGITAL CELERITY is not responsible of the privacy practices or the content of such other Web sites.
DIGITAL CELERITY maintains several email lists to keep interested parties informed about our company, events, products, support and more. Individuals must voluntarily request to join our mailing lists by signing up through a form or other means on our Web site or providing us with their email address at a trade show, seminar, direct mail response or other event. We do not sell, rent, loan, trade or lease the addresses on our list to anyone.
At any time, users can requests to no longer receive email from DIGITAL CELERITY. To opt out of an DIGITAL CELERITY email lists, reply to one of our emails and request to be removed or send an email to webmaster@DigitalCelerity.com
If you have any questions or comments about our privacy practices, you can contact us at privacy@DigitalCelerity.com