Legal – Terms of Use

Website Terms of Use
General
Please read these terms of use (the “Terms”) carefully before using the websites of Fundamental Solutions and its subsidiaries (collectively “Fundamental Solutions”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Fundamental Solutions may make available through the websites (collectively, “Materials”) and any services that Fundamental Solutions may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Fundamental Solutions Websites.”
Fundamental Solutions reserves the right to modify these Terms, or change or remove features of Fundamental Solutions Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Fundamental Solutions Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of Fundamental Solutions Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Fundamental Solutions Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Fundamental Solutions Websites, constitute the entire and exclusive and final statement of the agreement between you and Fundamental Solutions with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Fundamental Solutions with respect to such subject matter. These Terms and the relationship between you and Fundamental Solutions shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Fundamental Solutions Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Fundamental Solutions to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Fundamental Solutions and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Fundamental Solutions Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Fundamental Solutions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fundamental Solutions without restriction.
Use of Software
To the extent that Fundamental Solutions provides for the download of proprietary Fundamental Solutions software or open source software from Fundamental Solutions’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Fundamental Solutions or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Trademarks
Fundamental Solutions reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Fundamental Solutions will be collectively referred to as “Fundamental Solutions Marks.
No employee or other representative of Fundamental Solutions is authorized to grant permission to use Fundamental Solutions Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to Fundamental Solutions Marks by a Fundamental Solutions employee in the absence of a formal written agreement cannot be relied upon.
The Fundamental Solutions Marks are highly valued intellectual property, and therefore Fundamental Solutions will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Fundamental Solutions Marks or which are likely to cause confusion with Fundamental Solutions Marks.
If a formal written agreement licenses one or more of the Fundamental Solutions Marks, unless the agreement provides other authorization, the use will be in accordance with such written agreement.
Fundamental Solutions does not object to the use of the Fundamental Solutions Marks (other than logos) to refer specifically to the products of Fundamental Solutions.  However, a purely referential use or nominative fair use of the Fundamental Solutions Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Fundamental Solutions Marks should be designated by the symbol “®”, while unregistered Fundamental Solutions Marks should be identified by a “™” designation.  The Fundamental Solutions Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Fundamental Solutions Websites
Linking to the Fundamental Solutions Websites (including an internal or subsidiary page of any website comprising a part of the Fundamental Solutions Websites) must be approved in writing by Fundamental Solutions, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Fundamental Solutions Website;
does not utilize a Fundamental Solutions logo;
3.      does not use framing of a Fundamental Solutions Website;
4.      does not misrepresent an affiliation or other relationship with Fundamental Solutions;
5.      does not misrepresent any possible endorsement by Fundamental Solutions;
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7.      is promptly modified to delete the hyperlink upon request by Fundamental Solutions.
Copyright
Except where otherwise specified, the contents of the Fundamental Solutions Websites are subject to copyright. Copyright © 2014-2015 Fundamental Solutions All rights reserved.
The contents of the Fundamental Solutions Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the Fundamental Solutions Websites, except as necessary to view the Fundamental Solutions Websites.
Please direct any questions or comments to legal@Fundamental Solutions
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
Links to Third Party Sites
Links on the Fundamental Solutions Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Fundamental Solutions Websites. Fundamental Solutions does not endorse or make any representations about such third party websites, and Fundamental Solutions is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Fundamental Solutions does not control those websites, and Fundamental Solutions is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Anti-Piracy/License Compliance
Fundamental Solutions protects its technology vigilantly and permits others to use it by virtue of license agreements.  The use or distribution of Fundamental Solutions software without permission from Fundamental Solutions is software piracy.  Fundamental Solutions distributes and sells its product through a channel network of distributors and resellers worldwide.  Fundamental Solutions does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators.  If you are contemplating or have obtained Fundamental Solutions software through one of these avenues, you likely will find yourself with pirated software.  Please contact Fundamental Solutions here for assistance with your own or another’s unauthorized use of Fundamental Solutions software.
Fundamental Solutions also understands that some customers may have challenges with managing their software licenses.  In these instances, Fundamental Solutions’s License Compliance team may assist by reviewing deployment records and reconciling them with Fundamental Solutions’s internal entitlement records.  The goal of this program is to educate Fundamental Solutions’s customers on the terms of their licenses with Fundamental Solutions and to bring the entitlement records in line with usage.  Please contact Fundamental Solutions’s License Compliance team with questions or issues about your company’s usage at licensecompliance@Fundamental Solutions.com.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.
Indemnification
You agree to indemnify, defend and hold harmless Fundamental Solutions, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Fundamental Solutions Websites or violation of these Terms. Fundamental Solutions reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fundamental Solutions’s defense of such claim, and in no event may you agree to any settlement affecting Fundamental Solutions without Fundamental Solutions’s written consent.
Electronic Communications
When you visit the Fundamental Solutions Websites or send e-mails to Fundamental Solutions, you are communicating with Fundamental Solutions electronically. We may respond to you by e-mail or by posting notices on the Fundamental Solutions Websites. You agree that all such notices, disclosures and other communications that Fundamental Solutions provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Fundamental Solutions products and publications are commercial in nature. The software, publications and software documentation available on the Fundamental Solutions Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Fundamental Solutions’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Disclaimers
Information on the Fundamental Solutions Websites is not promised or guaranteed to be correct, current or complete, and the Fundamental Solutions Websites may contain technical inaccuracies or typographical errors. Fundamental Solutions assumes no responsibility (and expressly disclaims responsibility) for updating the Fundamental Solutions Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Fundamental Solutions Websites. Fundamental Solutions provides no assurances that any reported problems will be resolved by Fundamental Solutions, even if Fundamental Solutions elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE Fundamental Solutions WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. Fundamental Solutions EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Fundamental Solutions MAKES NO WARRANTY THAT THE Fundamental Solutions WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE Fundamental Solutions WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL Fundamental Solutions BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE Fundamental Solutions WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF Fundamental Solutions HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Further Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Fundamental Solutions may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Fundamental Solutions liability shall be the minimum permitted under such applicable law.
  Terms of use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use;
all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained within this site are protected by applicable copyright and trademark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.