INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Enterprise CIOs Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Enterprise CIOs Site (Enterprise CIOs content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of Enterprise CIOs) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, Enterprise CIOs does not grant to you any express or implied rights to Enterprise CIOs or any third party's Intellectual Property. The Enterprise CIOs Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
USE OF ENTERPRISE CIOs CONTENT
You understand and agree that you are permitted to use Enterprise CIOs Content only as expressly authorized by Enterprise CIOs or its third party licensors, as applicable. You may download, view, copy and print Enterprise CIOs Content, subject to the following: (a) the Enterprise CIOs Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Enterprise CIOs Content may not be modified or altered in any way.
All Enterprise CIOs graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Enterprise CIOs. Enterprise CIOs trademarks and trade dress may not be used in connection with any product or service that is not Enterprise CIOs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Enterprise CIOs. All other trademarks not owned by Enterprise CIOs that appear on the Enterprise CIOs Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Enterprise CIOs
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Enterprise CIOs Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Enterprise CIOs Site; (2) Enterprise CIOs has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) Enterprise CIOs is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Enterprise CIOs Site.
PERSONALLY IDENTIFIABLE INFORMATION
IDEA SUBMISSION POLICY
Enterprise CIOs will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Enterprise CIOs products or services (collectively, Enterprise CIOs Products) might seem similar to ideas submitted to Enterprise CIOs. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Enterprise CIOs or anyone at Enterprise CIOs. If, despite this request, you still send us your ideas and materials, please understand that Enterprise CIOs will not treat your ideas or materials as confidential or proprietary.
In consideration of your use of the Enterprise CIOs Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Enterprise CIOs of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE Enterprise CIOs END USER LICENSE AGREEMENT, THE Enterprise CIOs SITE AND PRODUCTS OFFERED THROUGH THE Enterprise CIOs SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Enterprise CIOs DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. Enterprise CIOs AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE Enterprise CIOs SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. Enterprise CIOs AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE Enterprise CIOs SITE OBTAINED FROM Enterprise CIOs OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY Enterprise CIOs CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE Enterprise CIOs SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE Enterprise CIOs SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND Enterprise CIOs HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Enterprise CIOs, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE Enterprise CIOs SITE, THE PRODUCTS OFFERED THROUGH THE Enterprise CIOs SITE, INCLUDING WITHOUT LIMITATION THE Enterprise CIOs PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Enterprise CIOs WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Enterprise CIOs CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Enterprise CIOs SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF Enterprise CIOs FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold Enterprise CIOs and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Enterprise CIOs Site, and User Materials you submit, transmit, store, upload or download through the Enterprise CIOs Site, any product received by you through the Enterprise CIOs Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO Enterprise CIOs REGARDING ALLEGED COPYRIGHT INFRINGEMENT
Enterprise CIOs respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Enterprise CIOs has designated an agent to receive notifications of alleged copyright infringement associated with the Enterprise CIOs Site. Enterprise CIOs will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Enterprise CIOs reserves the right to terminate your use of the Enterprise CIOs Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via email for notices to Enterprise CIOs, or to the e-mail address that you provide to Enterprise CIOs as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Enterprise CIOs may be sent by regular mail, postage prepaid to Enterprise CIOs address provided above. Enterprise CIOs may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
You may not export from the United States or allow the export or re-export of any part of the Enterprise CIOs Site or products obtained via the Enterprise CIOs Site, in violation of any restrictions, laws or regulations of the United States. You agree to defend and indemnify Enterprise CIOs from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Enterprise CIOs Site, or any product or other information or materials obtained from Enterprise CIOs were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and Enterprise CIOs with respect to the Enterprise CIOs Site and purchases made via the E-Store. While Enterprise CIOs reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Enterprise CIOs execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable United States laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment. Enterprise CIOs may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Enterprise CIOs. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
The person who downloads any trial software from Enterprise CIOs, subscribes automatically to the Enterprise CIOs Newsletter, which now and then will be send. The Enterprise CIOs Newletter contains news and product information. Each Enterprise CIOs Newsletter has an unsubscribe function that can be used at any time.
Enterprise CIOs E-STORE
The following provisions specifically relate to the E-Store portion of the Enterprise CIOs Site. All other provisions of this Agreement apply to the E-Store as well:
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute Enterprise CIOs acceptance of your order for products or services offered through the Enterprise CIOs Site, nor does it constitute confirmation of Enterprise CIOs offer to sell you a particular product or service. Enterprise CIOs reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Enterprise CIOs has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Enterprise CIOs Site are subject to change without prior notice. To the extent we provide information on the availability of Enterprise CIOs Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, Enterprise CIOs does not warrant that product descriptions, product availability or other information on the Enterprise CIOs Site is accurate, complete, reliable, current, or error-free. Enterprise CIOs will not be liable for any lack of availability of Enterprise CIOs Products or Third Party Products you may order through the Enterprise CIOs Site. If your purchase order or any other communication with Enterprise CIOs contains provisions inconsistent with this Agreement, this Agreement will prevail.
Security. The purchase area of the E-Store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Enterprise CIOs, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Enterprise CIOs will reimburse you for the maximum liability of $50.
Limited Warranty. Enterprise CIOs offers through the E-Store both Enterprise CIOs Products and Third Party Products. Certain Enterprise CIOs Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a Enterprise CIOs End User License Agreement and this Agreement, the provision of the Enterprise CIOs End User License Agreement will control as to the particular conflicting provision.
Enterprise CIOs Products. During the period within thirty (30) days after you download a Enterprise CIOs Product or within thirty (30) days after you receive a Enterprise CIOs Product if the product is shipped to you rather than downloaded (Warranty Period), Enterprise CIOs will, at Enterprise CIOs sole option and without charge, replace the Enterprise CIOs Product if it fails to conform to the product's accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the Enterprise CIOs Product, provided that Enterprise CIOs will not have any liability whatsoever for any damage to or defect in a Enterprise CIOs Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify Enterprise CIOs of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any Enterprise CIOs Product to Enterprise CIOs (if the product was shipped), or certify in writing to Enterprise CIOs that the product has been destroyed (if the product was downloaded); and (3) Enterprise CIOs must determine that the Enterprise CIOs Product is defective or nonconforming. If the Enterprise CIOs Product has been shipped to you and the package is unopened, you may return the Enterprise CIOs Product to Enterprise CIOs, at your expense, any time within the Warranty Period for a refund of the purchase price.
Technical Support for Enterprise CIOs Products. During the Warranty Period, Enterprise CIOs will provide technical support to you for Enterprise CIOs Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the E-Store.
Third Party Products. All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and Enterprise CIOs will not be responsible for any Third Party Products, except that Enterprise CIOs will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the Enterprise CIOs Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Enterprise CIOs upon demand, any such tax, charge or assessment, unless you have furnished to Enterprise CIOs an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
MODIFICATIONS TO AGREEMENT OR Enterprise CIOs SITE
You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.