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RazDog.com Terms of Use (TOU)
1.Scope of Terms
By using the RazDog.com web sites, you agree
to these terms of use. if you do not agree to these terms of use, please do not
use the razdog.com web sites.
If you are accessing and/or using the RazDog.com website or its demo which may
be located on a third party affiliate website, on behalf of your employer or as
a consultant or agent of a third party (collectively
your Company ), You represent and warrant that you have the
authority to act on behalf of and bind your Company to the terms of this Terms
of Use Agreement ( TOU ) and
everywhere in this TOU that refers to you or your, shall also include your
Company.
Through the RazDog.com website “Site”, you
have access to a variety of resources and content. These include: (a) software
and software as a service offerings ("Software"); (b) Web pages,
data, messages, text, images, photographs, graphics, and documents such as
press releases, white papers and product data sheets, brochures, incentive
offers ("Materials"); e-mail functions, links to third party
demonstrations, and other services in connection with which you can upload,
download, share, email, post, publish, sample and use, transmit or otherwise access
or make available Content.
Software,
Materials, and other information, content and services are collectively
referred to as "Content." By accessing or using the Site or the
Content provided on or through the Site which provides demonstrations of RazDog.com
software solutions, you agree to follow and be bound by the following terms and
conditions concerning your access to and use of the Site and the Content
provided on or through the Site including the RazDog.com demonstration which
may be located on an affiliate website. RazDog.com and its affiliated companies
may revise the Terms of Use and Privacy
Policy at any time without notice to you. The revised Terms of Use
and Privacy Policy will be effective when posted.
2. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have
additional rules, guidelines, license agreements, user agreements or other
terms and conditions that apply to your use or access of that specific area of
the Site or Content (including terms and conditions applicable to a corporation
or other organization, its application or software solutions, and its users).
These terms and conditions will apply for all users of this site and for users
who use any third party site as a demonstration for Razdog.com software and
solutions. If those sites have separate terms and conditions for the purpose of
a software demo, you agree to be bound by both these terms and conditions as
well as the terms associated with those sites.
3. Warranties
EXCLUSION OF SOFTWARE WARRANTIES RazDog.com,
Content, and Services are being provided to You AS IS. Razdog.com does not
guarantee or warrant any features or qualities of the RazDog.com, Content, or
Services or give any undertaking with regard to any other quality. Statements
and explanations to RazDog.com, Content, Software or Services in promotional
material or on RazDog.com and in the documentation are made for explanatory
purposes only; they are not meant to constitute any guarantee or warranty of
certain features. No warranty or undertaking shall be implied by a User from
any published RazDog description of or advertisement except to the extent
RazDog.com has expressly confirmed such warranty or undertaking in writing.
Warranties are validly given only with the express written confirmation of
RazDog.com’s management.
A.
RazDog.com does not represent or endorse the accuracy or reliability of any (i)
links to web-pages of third parties contained on the RazDog.com, or the content
obtainable on such web-pages or (ii) any information provided by third parties
on RazDog.com. RazDog.com will not permanently control and/or review the linked
web-pages and the information provided by third parties but upon sufficiently
proven indication will remove the respective link and/or information.
4. Confidential Information
You agree not to
reproduce any Confidential Information to which you are provided access through
the RazDog.com site in any form except as authorized at the time of disclosure.
Any reproduction of RazDog.com Confidential Information shall remain the
property of RazDog.com and shall contain any and all confidential or
proprietary notices or legends which appear on the original. You agree to (a)
take all reasonable steps (defined below) to keep all Confidential Information
strictly confidential; (b) to use Confidential Information solely as authorized
at the time of disclosure and (d) not to disclose any Confidential Information
to any party without the prior written consent from RazDog.com management. You
do not acquire any rights in Confidential Information except the limited rights
as described above. In no event shall You use Confidential Information to
create, enhance, modify, rent, lease, loan, sell, distribute or create
derivative works based on the Software or Services, or compete with RazDog
software or services in whole or in part. As used herein, Confidential
Information shall mean all trade secrets and other information or Services
which Razdog.com or third parties protect against unrestricted disclosure to
others which is either labeled Confidential, accessed through a restricted
area of RazDog.com, pursuant to software downloads, or reasonably identifiable
as confidential based on the type of information and the manner of its
disclosure, and reasonable steps means those steps. You and/or your
company take to protect your own similar Confidential Information, which shall
not be less than a reasonable standard of care.
5. Condition
All uploads by you into
RazDog.com or its demonstration site, or other linked websites, whether into a
public forum or non-public forum, shall be at your own risk and RazDog.com
takes no responsibility for the use or misuse of any such uploaded information
by any other user of the RazDog.com website or demonstration site.
6. Use of RazDog.com Software
Your use of Software is subject to all agreements such as a license agreement
or user agreement that accompanies or is included with the Software, ordering
documents, exhibits, and other terms and conditions that apply (" Software
License Terms"). 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) the Software may not be modified or altered in any way; and (c) the
Software may not be redistributed.
7. Terms and Conditions of Materials use
You may download, store, display on your computer, view, listen to, play and
print Materials that RazDog.com 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.
8. General Rights of Use
The Site and Content provided on or through the Site are the intellectual
property and copyrighted works of RazDog.com or a third party provider. 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 RazDog.com
reserves the right to terminate the permissions granted to you above and your use
of the Content at any time with our without notice.
9. Your Personal Content
You agree that you will only upload, share, post, publish, transmit, or
otherwise make available ("Share") on or through the Site Content, or
through use of its demonstration site or sites, that you have the right and
authority to Share and for which you have the right and authority to grant to
Razdog.com all of the licenses and rights set forth herein. By Sharing Content,
you grant RazDog.com 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 RazDog.com 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 RazDog.com without
compensation to you. You warrant that: (a) you have the right and authority to
grant this license; (b) RazDog.com’s 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 not Share any Content
that; (a) is false or misleading in any way; (b) is defamatory, derogatory,
degrading or harassing of another individual or constitutes a personal attack
on a person; (c) invades another's privacy or includes another's confidential,
sensitive or personal information; (d) promotes bigotry, racism, hatred or harm
against any group or individual; (e) violates or infringes or promotes the
violation or infringement of another's rights, including intellectual property
rights; (f) you do not have the right and authority to Share and grant the
necessary rights and licenses for; (g) violates or promotes the violation of
any applicable laws or regulations; (h) contains any viruses, Trojan horses, or
other components designed to limit or harm the functionality of a computer.
Razdog.com does not want to receive confidential
information from you through or in connection with the Site. Notwithstanding
anything that you may note or state in connection with Sharing Content, it
shall not be considered confidential information and shall be received and
treated by RazDog.com on a non-confidential and unrestricted basis.
10. Usage and Changes Limitations
In using the demonstration site linked to the RazDog.com website, you
agree not to reverse engineer, copy, change, modify, transfer, or alter in any
way the site content or its elements. You agree that this content and
demonstration is considered Confidential and Proprietary Information and should
be treated as such in accordance with the terms set forth in this agreement and
in conjunction with the terms of use set forth on the site which deploys the
Razdog.com demonstration. You agree that any breach of this agreement will
cause irreparable harm and you agree that the company maintains full rights to
file any claims it sees fit to fully address any such breach.
11. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage,
disable, overburden, or impair any RazDog.com accounts, computer systems or
networks. You agree not to attempt to gain unauthorized access to any parts of
the Site or any RazDog.com accounts, account holders, computer systems,
networks or other. You agree not to interfere or attempt to interfere with the
proper working of the sites or its demonstration site computer systems or
networks.
Access to
and use of password protected or secure areas of the Site including access to
demonstration sites or third party demonstration sites, is restricted to
authorized users only. You agree not to share your password(s), account
information, or access to the Site or to the demonstration sites. You are
responsible for maintaining the confidentiality of password(s) and account
information, and you are responsible for all activities that occur under your
password(s) or account(s) or as a result of your access to the Site. You agree
to notify Razdog.com immediately of any unauthorized use of your password(s) or
account(s).
12. No Unlawful or Prohibited Use
You agree not to use the Site or Content provided on or through the Site for
any purpose that is unlawful or prohibited by these Terms of Use, or the rules,
guidelines or terms of use posted for a specific area of the Site or Content
provided on or through the Site.
13. Indemnity
You agree to indemnify and hold harmless RazDog.com, its officers, directors,
employees and agents from and against any and all claims, liabilities, damages,
losses or expenses, including reasonable attorneys' fees and costs, due to or
arising out of Content that you Share, your violation of the Terms of Use or
any additional rules, guidelines or terms of use posted for a specific area of
the Site or Content provided on or through the Site, or your violation or infringement
of any third party rights.
14. Track and Monitor
RazDog.com reserves the right to monitor all use of and activity on the Site,
and to remove or choose not to make available any content at its sole
discretion.
15. Termination of Use
Razdog.com 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 RazDog.com may, in its sole discretion, at any
time, terminate or limit your access to or use of the Site or any Content.
RazDog.com will terminate or limit your access to or use of the Site if, under
appropriate circumstances, you are determined to be a repeat infringer of third
party copyright rights. You agree that RazDog.com 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.
16. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services
of third parties, including users, advertisers, demonstrations, affiliates and
sponsors of the Site. RazDog.com is not responsible for third party Content
provided on or through the Site and you bear all risks associated with the
access and use of such Web sites and third party Content, products and
services.
17. Disclaimer
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. RAZDOG.COM 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. RAZDOG.COM 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.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE
OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND
RISK.RAZDOG.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
RAZDOG.COM 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.
18. Limitation of Liability
TO THE EXTENT ALLOWABLE BY
APPLICABLE LAW, RAZDOG.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RAZDOG.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN
CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE RAZDOG.COM, RAZDOG.COM SOFTWARE, OR SERVICES; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR
INABILITY TO USE ANY RAZDOG.COM SOFTWARE, CONTENT, OR SERVICES PURCHASED OR
OBTAINED DURING TRANSACTIONS CONDUCTED ON THE RAZDOG.COM; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS,
MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE RAZDOG.COM SITE; OR (v) ANY OTHER
MATTER RELATING TO RAZDOG.COM SOFTWARE, SITE OR SERVICES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT
OR GROSS NEGLIGENCE BY RAZDOG AND IN CASE OF RAZDOG.COM’S STATUTORY LIABILITY
FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
19. WAIVER AND SEVERABILITY
The
failure of RazDog.com to exercise or enforce any right or provision of this TOU
shall not constitute a waiver of such right or provision. To the extent that
any provision in this TOU shall be found to be unenforceable, such provision
shall be modified in such a manner so as to make this TOU as modified, legal
and enforceable under applicable laws and the balance of the provisions of this
TOU shall not be affected
20. Legal Export Restrictions and 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 and restrictions and regulations of any United States or
foreign agency or authority, and not to directly or indirectly provide or
otherwise make available the services and products of RazDog.com in violation
of any such restrictions, laws or regulations. As applicable, you shall obtain
and bear all expenses relating to any necessary licenses and/or exemptions with
respect to your own use of the services of RazDog.com outside the U.S By
agreeing to these Terms of Use, you agree to the foregoing in its entirety.
21. Applicable Laws
All matters relating to your access to, and use of, the Site and Content and
its demonstration 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 California.
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 Santa Clara
County, California. You and RazDogc.om agree to submit to the jurisdiction of,
and agree that venue is proper in, these courts in any such legal action or
proceeding.
22. Copyright/Trademark
 2010 © all right reserved
Razdog.com and/or its affiliates. All rights reserved.
23. Contact Information
If you have any questions regarding these Terms of Use, please contact
RazDog.com at info@RazDog.com.
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