SPECIAL NOTE REGARDING NETWORKED APPGUARD SITES
Incorporated Policies or Terms
Terms of Sale
Transactions with AppGuard Sites offering products or services for purchase may be subject to Terms of Sale as a condition to completion of the transaction. The Terms of Sale may be posted on the AppGuard Site or set forth in a separate agreement. Your transactions will be governed by such Terms of Sale and you should review them carefully.
Site License and Access
All copyrighted and copyrightable materials on this Site, including, but not limited to, the design, text, graphics, pictures, sound files, software, and other files (“Materials”), and the selection and arrangement thereof are copyrighted, ALL RIGHTS RESERVED, by AppGuard and/or third-party licensors. Except as permitted 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 otherwise, without the prior written permission of AppGuard or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only. You may not: (a) copy, publish, or post any Materials on any computer network or broadcast or publications media; (b) modify the Materials; or (c) remove or alter any copyright or other proprietary notices contained in the Materials, without the permission of AppGuard or the respective copyright owner.
Trademarks and Service Marks
AppGuard logos and product markings, and the products and services described in this Site (except those belonging to AppGuard suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by AppGuard, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AppGuard. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by AppGuard, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AppGuard. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of their owners.
This Site may include discussion forums and interactive areas, including bulletin board services. Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following: Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and Without AppGuard’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. AppGuard takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, AppGuard is only a forum and is not liable for any statements, representations, or content provided by its users.
Links to the Site
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray AppGuard or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an AppGuard logo or other proprietary graphic or trademark of AppGuard to link to this Site without the express written permission of AppGuard. This limited right may be revoked at any time.
Third Party Links
AppGuard makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from this Site, or third party sites linking to this Site. The third party linked sites are not under the control of AppGuard and AppGuard is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. AppGuard is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by AppGuard of the site or any information contained therein. When leaving the AppGuard Site, you should be aware that the AppGuard terms and policies do not govern the use of any linked site.
Any software and all underlying information and technology downloaded from this Site or any linked sites (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
Press Releases. The information contained within press releases issued by AppGuard should not be deemed accurate or current except as of the date the release was posted. AppGuard has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information
AppGuard may provide links to third party websites or services that contain financial or investment information about AppGuard. Access to such websites and the information contained therein is provided as service to those interested in the information. AppGuard neither regularly monitors nor has control over the content of third parties’ statements or websites. Accordingly, AppGuard does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. AppGuard makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third party websites or other third party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WARRANTY DISCLAIMER. APPGUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. APPGUARD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. APPGUARD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE APPGUARD ATTEMPTS TO ASSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, APPGUARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AppGuard reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AppGuard.
Limitation of Liability
IN NO EVENT SHALL APPGUARD BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APPGUARD (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE APPGUARD SITE EXCEED $5.00 OR THE AMOUNT YOU PAID APPGUARD, WHICHEVER IS LESS.
Certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Notwithstanding any of these terms and conditions, AppGuard reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
AppGuard LLC Trademarks
AppGuard®, TrustPhone™, and Trust But Verify™ are all registered trademarks or trademarks of AppGuard, LLC. Other trademarks and brands used on this website are the property of their respective owners.
Third Party Legal Notices
The open source license terms for the following Third Party software products may apply to AppGuard software products or storefronts:
bzip 2: http://bzip.org/docs.html
Virtual Box: www.gnu.org/licenses/gpl-2.0.html
VMware View Open Client: http://www.gnu.org/licenses/lgpl.html http://code.google.com/p/vmware-view-open-client/
FastSpring Storefront: https://fastspring.com/terms-use/