Welcome to the Cerqa, Inc. web site (the "Web Site"). Please review the
following terms and conditions concerning your use of the Web Site. By accessing,
using or downloading any materials from the Web Site, you agree to follow and be
bound by these terms and conditions (the "Terms"). If you do not agree
with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information,
documents, products, logos, graphics, sounds, images, software, and services ("Materials"),
are provided either by Cerqa or by their respective third party manufacturers, authors,
developers and vendors ("Third Party Providers") and are the copyrighted
work of Cerqa and/or its Third Party Providers. Except as stated herein, none of
the Materials may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or other means, without the prior
express written permission of Cerqa or the Third Party Provider. Also, you may not
"mirror" any Materials contained on this Web Site on any other server
without Cerqa's prior express written permission.
Except where expressly provided otherwise by Cerqa, nothing on this Web Site shall
be construed to confer any license under any of Cerqa's or any Third Party Provider's
intellectual property rights, whether by estoppel, implication, or otherwise. You
acknowledge sole responsibility for obtaining any such licenses. See the "Legal
Contact Information" below if you have any questions about obtaining such licenses.
Materials provided by Third Party Providers have not been independently reviewed,
tested, certified, or authenticated in whole or in part by Cerqa. Cerqa does not
provide, sell, license, or lease any of the Materials other than those specifically
identified as being provided by Cerqa.
Cerqa hereby grants you permission to display, copy, distribute and download Cerqa's
Materials on this Web Site provided that: (1) both the copyright notice identified
below and this permission notice appear in the Materials; (2) the use of such Materials
is solely for personal, non-commercial and informational use and will not be copied
or posted on any networked computer, broadcast in any media, or used for commercial
gain; and (3) the Materials are not modified in any way. This permission terminates
automatically without notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations
and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than Cerqa.
Cerqa is not responsible for and does not endorse or accept any responsibility for
the contents or use of these third party web sites. Cerqa is providing these links
to you only as a convenience, and the inclusion of any link does not imply endorsement
by Cerqa of the linked web site. It is your responsibility to take precautions to
ensure that whatever you select for your use is free of viruses or other items of
a destructive nature.
THIRD PARTY PUBLICATIONS
Cerqa has not co-authored, ratified, endorsed or adopted the information contained
in this or any publications referenced on this web site by publishing it herein.
THIRD PARTY STATISTICS
Cerqa has not co-authored, ratified, endorsed or adopted any statistics provided
by third parties by publishing them on this web site.
SUBMISSIONS
Except where expressly provided otherwise by Cerqa, all comments, feedback, information
or materials submitted to Cerqa through or in association with this Web Site ("Submissions")
shall be considered non-confidential and Cerqa’s property. By providing such
Submissions to Cerqa, you agree to assign to Cerqa, at no charge, all worldwide
rights, title and interest in copyrights and other intellectual property rights
to the Submissions. Cerqa shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not Cerqa, have full responsibility
for the Submissions, including their legality, reliability, appropriateness, originality
and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CERQA, THE MATERIALS ON THE WEB SITE
ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY,
AND CERQA HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CERQA
MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE.
LIMITATION OF LIABILITY
CERQA SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL
CERQA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF CERQA HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY
FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST CERQA FOR LOST DATA, RE-RUN
TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF
THE MATERIALS. YOU AGREE TO HOLD CERQA HARMLESS FROM, AND YOU COVENANT NOT TO SUE
CERQA FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
Cerqa controls and operates this Web Site from its headquarters in Austin, TX in
the United States of America and makes no representation that these Materials are
appropriate or available for use in other locations. If you use this Web Site from
other locations, you are responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or promotional materials found on this
Web Site are solely directed to individuals, companies or other entities located
in the United States of America. You acknowledge and agree that Materials are subject
to the U.S. Export Administration Laws and Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You agree that none of the Materials, nor any
direct product therefrom, is being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical biological weapons,
or missile projects unless authorized by the U.S. Government. Proscribed countries
are set forth in the U.S. Export Administration Regulations. Countries subject to
U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This
list is subject to change without further notice from Cerqa, and you must comply
with the list as it exists in fact. You certify that you are not on the U.S. Department
of Commerce's Denied Persons List or affiliated lists or on the U.S. Department
of Treasury's Specially Designated Nationals List. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
GENERAL
This Web Site may include inaccuracies or typographical errors. Cerqa and the Third
Party Providers may make improvements and/or changes in the products, services,
programs, and prices described in this Web Site at any time without notice. Cerqa
may periodically make changes to the Web Site. Any action related to these Terms
will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply. These Terms represent the entire understanding
relating to the use of the Web Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. Cerqa has the right to revise these Terms
at any time without notice by updating this posting. Any rights not expressly granted
herein are reserved by Cerqa.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or image from
the Web Site may be copied or retransmitted unless expressly permitted by Cerqa.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission
to use any Materials, please contact the Cerqa Legal Department at (512) 439.5200.