Terms of Use

ACCEPTANCE OF TERMS

Welcome to the websites of Apposite Technology, Inc. ("Apposite") including www.apposite-tech.com and www.linktropy.com (the "Site"). Please read the following Terms of Use carefully before using this Site. Your use of the site means that you accept these Terms of Use. If you do not agree with these Terms of Use, please do not visit or use the Site.

Apposite reserves the right to update and change the Site and the Terms of Use from time to time without notice or acceptance by you.

APPOSITE OWNERSHIP OF INFORMATION

All materials transmitted or published by Apposite on this Site (including product datasheets, white papers, press releases, and FAQs), (collectively, the "Materials") are owned or controlled by Apposite or its suppliers, and are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited.

LIMITED LICENSE

Except as indicated to the contrary, you may view, download, and print the Materials available on this Site subject to the following conditions:


APPOSITE PRIVACY POLICY

All user information submitted to Apposite is subject to our Privacy Policy. Please review this document before providing any personal data.

ADDITIONAL SOFTWARE

Any software which you download from the Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating. By downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.

LINKS

This Site or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Apposite has no control over such sites and resources, you acknowledge and agree that Apposite is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Apposite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to indemnify and hold Apposite, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of the Terms of Use, or your violation of any rights of another.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Apposite may establish general practices and limits concerning use of this Site and may modify such practices and limits from time to time.

MODIFICATIONS TO THIS SITE

Apposite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site with or without notice. You agree that Apposite shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

APPOSITE'S PROPRIETARY RIGHTS

You acknowledge and agree that this Site contains proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like.

CONFIDENTIALITY

Those areas of the Site which you access by using a password or other security device contain proprietary and confidential information on Apposite and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("Apposite Confidential Information"). By accessing Apposite Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your Apposite product. You also agree to disclose Apposite Confidential Information within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Apposite Confidential Information you receive.

Apposite does not want to receive any information you consider to be confidential or proprietary information through this Site or by e-mail except as otherwise agreed in writing by an authorized Apposite representative in a separate non-disclosure agreement ("NDA"). Except as otherwise agreed in an NDA, any material, information or idea you transmit to Apposite by any means may be disseminated, displayed, used, reproduced, modified and otherwise exploited by Apposite or its affiliates without compensation or liability to you, for any purpose whatsoever, including, but not limited to, designing, developing, manufacturing, marketing, displaying and/or otherwise exploiting any products. However, this provision does not apply to personal information that is subject to our Privacy Policy.

TRADEMARKS

Apposite, Linktropy, and Netropy are registered trademarks of Apposite Technologies, Inc. The Apposite logo and "Emulation Made Easy" are trademarks of Apposite Technologies, Inc. Apposite's trademarks may be used publicly only with permission from Apposite and proper acknowledgement. Other names may be trademarks and are the property of their respective owners.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THIS SITE AND THE MATERIALS IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPOSITE 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.

(b) APPOSITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SITE OR OTHER INTERACTION WITH THIS SITE OR THE MATERIALS. APPOSITE DOES NOT WARRANT THAT (i) THIS SITE OR THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) THIS SITE AND/OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE OR THE MATERIALS WILL BE CORRECTED.

(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPOSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPOSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE OR THE MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THIS SITE OR THE MATERIALS.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE MATERIALS IS TO DISCONTINUE ANY USE OF THIS SITE AND THE MATERIALS.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXPORT

This Site originates from and is maintained in the United States, and Apposite makes no representations regarding the legality of access to or use of the Site or the Materials from other countries. Any export or use of the Materials must be in compliance with all U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside

U.S. Government Users

All Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in FAR 52.227-19 and DFARS 252.227-7013, as applicable. The materials are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

GENERAL

Notices to you may be made via either email or regular mail. This Site may also provide notices of changes to this Terms of Use, additional Terms of Service or other matters by displaying notices or links to notices to you. This Terms of Use and the relationship between you and Apposite shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Apposite agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California. The failure of Six Apart to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. This Terms of Use constitutes the entire agreement between you and Apposite and govern your use of this Site, superseding any prior agreements between you and Apposite (including, but not limited to, any prior versions of this Terms of Use). If any provision of this Terms of Use or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.