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ARGUS ZONE ONLINE AGREEMENT
1. ENTERING THIS AGREEMENT
This Argus Online Agreement (this “Agreement”) is a binding legal contract between
Argus Software, Inc. ("we", "us" or "our") and you
("you" or "your") that governs your use of this website, which
includes (without limitation) all content such as text, information, images, applications,
and services made available to you through this website by us and by third parties
(collectively, the “Site”). Your use of certain services within the Site may be
subject to additional terms or guidelines. Unless explicitly stated otherwise, any
new features that augment or enhance the current Site are subject to this Agreement.
2. CHANGING THIS AGREEMENT
We may revise this Agreement at any time in our sole discretion. We will make the
revised Agreement available on the Site. You agree you will periodically review
this Agreement for changes when using the Site, regardless of whether we notify
you of the changes. It is at all times your responsibility to read the most current
form of this Agreement before using the Site to ensure that you agree to the terms
and conditions of any amendments made to this Agreement. Unless we state otherwise,
all changes to this Agreement come into effect immediately when we make the revised
Agreement available. If at any time you do not agree to the revisions we make in
this Agreement, you should no longer access or use the Site in any manner whatsoever.
You agree that these standards for notice of amendments to this Agreement are reasonable.
3. ENDING YOUR USE OF THE SITE
We may terminate your right to use the Site at any time. Your right to access and
use the Site immediately terminates without further notice upon your violation of
any of the terms or conditions of this Agreement, upon our discovery of any error
or omission in the information you provide to us, or upon your refusal to accept
additional terms and conditions that we require. We reserve the right to discontinue
or make changes to the Site at any time. The provisions of this Agreement that expressly
apply to time periods beyond termination of this Agreement survive termination of
this Agreement for any reason whatsoever.
4. PAYMENTS
The Site may allow you to purchase goods and services electronically. You agree
that any credit card, debit card, or bank account information you provide us is
accurate and that you have the authority to make payments using that information.
During and after this Agreement, you agree to comply with, and to sign any and all
documents required by, any and all laws, procedures, rules and regulations applicable
to any payments you make in connection with the Site, including (without limitation)
rules promulgated by the Federal Reserve Bank, NACHA, American Express, MasterCard,
VISA, Discover, other card issuers, and settlement banks, each as may be amended
from time to time.
5. YOUR PROFILE
The Site may provide you the ability to create and maintain a file of personal identification
information (the “Profile Data”), consisting of information such as your name, addresses,
telephone numbers, and e-mail addresses. We rely on the Profile Data to protect
the privacy of any payments you make to us and other information. You agree that
your Profile Data is accurate and will be kept current. SOME OF YOUR PROFILE DATA
WILL BE DISPLAYED TO OTHER USERS OF THE SITE, SPECIFICIALLY INCLUDING THE NAME YOU
ENTER AND YOUR EMAIL ADDRESS. ADDITIONALLY, IF YOUR ID IS ASSOCIATED WITH A SOFTWARE
LICENSEE’S LICENSE KEY AS DESCRIBED BELOW, THE NAME OF THE SOFTWARE LICENSEE WILL
ALSO BE DISPLAYED. The Site provides some ability to keep private attributes other
than your name and e-mail address.
6. PROTECTED ACCESS
You must have a username and password to access and use the Site. We may also provide
additional codes or passwords necessary to perform certain transactions on the Site.
Your username, password, and any additional codes or passwords are collectively
referred to herein as “IDs”. You are responsible for maintaining the strict confidentiality
of your IDs. Your IDs are personal to you. You agree that you will not allow anyone
to use your IDs to access or use the Site. You agree that you will log out of your
access to the Site each time you finish using the Site. You are responsible for
any charges, damages, or losses that may be incurred or suffered as a result of
your failure to keep your IDs secret. We are not liable for any harm caused by or
related to the theft of your IDs, your disclosure of your IDs, or your authorization
to allow another person or entity to access or use the Site using your IDs. You
agree to immediately notify us if you become aware of any unauthorized use of your
IDs or any use of your IDs not permitted pursuant to this Agreement. You may not
sell, trade, resell, or commercially exploit your IDs or the use of or access to
the Site that your IDs allow.
7. LIMITED ACCESS FEATURES
You will have access to specific features of the Site only if either (a) you have
provided information (a “Product License Key”) as part of your Profile Data that
uniquely identifies a valid license to Software distributed by Argus or one of its
subsidiaries (the “Software”) that has not already been registered by someone else
or (b) the purchaser of a Software license associates your ID with a Product License
Key. In either case, the company that we have on record as the license purchaser
for that Product License Key will have the ability to control your access to certain
of the additional features. Additionally, you will have access to specific features
of the Site only if we have associated your Product License Key with a purchase
of a maintenance and support services plan for the Software. If you have been appointed
as an administrator of these permissions for a Software licensee (an “Enterprise
Administrator”), you agree to immediately remove from your Product License Keys
any IDs that represent individuals no longer associated with your Software licensee.
8. PUBLICATION OF YOUR COMMUNICATIONS
You may be permitted to access and use public discussion rooms, forums, mail lists,
customized home pages, and other forms of group electronic communications through
the Site. Anything you post to or via these public areas is not private and may
be viewed and used by others not under our control. You hereby grant to us a non-exclusive,
worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information you submit to the public areas of the
Site by all means and in any media now known or hereafter developed for any use
or purpose.
9. LIMITED ACCESS WORKSPACES
The Site has certain capabilities of hosting private sites (“Workspaces”) for communication
and file sharing among users. Generally, your registration information must include
a Product License Key in order for you to host a Workspace. You may participate
in a Workspace to which a host has invited you without registering with a Product
License Key. If you host a Workspace and Product License Key expires, the Site may
automatically remove you as the host of your Workspaces and notify other users of
the Workspaces that the change has occurred. You acknowledge that we have access
to the Site’s database for administration and security purposes. We acknowledge
that you own all data and information posted to your Workspaces. While we use commercially
reasonable methods to protect the privacy of these Workspaces, we cannot promise
that your communications or files will remain secure or immediately available. In
particular, the host of a Workspace can allow anyone access to that Workspace.
10. YOUR RESPONSIBILITY FOR YOUR COMMUNICATIONS
You are responsible for anything you post to or via the Site and for the consequences
of posting your communications and authorizations to or via the Site. If you choose
post anything to or via the Site, you agree to do so solely for lawful purposes
and in a lawful manner. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR
USE OR MISUSE OF THE SITE.
11. PROHIBITED CONDUCT
You agree that you will not post anything to or via the Site that: (1) is defamatory,
libelous, abusive, or obscene, such as anything that encourages conduct that would
constitute a crime, create civil liability, or otherwise violate any applicable
local, state, federal, or international law; (2) infringes on the copyright or any
other proprietary right of anyone; (3) would invade the privacy of any other person;
(4) is intended to advertise to or solicit others without our express permission;
(5) constitute charity solicitations, chain letters, or pyramid schemes; (6) contains
a virus, worm, trojan horse, time bomb, or any other harmful program or component;
or (7) does not generally pertain to the designated topic or theme of the Site.
You also expressly agree that you will not: (a) after receiving warning, continue
to post anything that we have advised you not to post; (b) create a false identity
or forged email address or header, or otherwise attempt to mislead others as to
the identity of the sender or the origin of the message; (c) post, generate or disseminate
so-called "spam" or mass-mailings; (d) harvest or otherwise collect or
store information about others, including email addresses, without their consent;
(e) interfere with or disrupt networks connected to the Site, or used for purposes
of delivering anything related to the Site (or violate the regulations, policies
or procedures of such networks); (f) attempt to gain unauthorized access to restricted
areas of the Site, other accounts, computer systems or networks connected to the
Site, through password mining or any other means; (g) interfere with another of
our user’s use and enjoyment of the Site; or (h) “stalk” or harass any person through
use of the Site. You agree that we and all other persons or entities involved in
the operation of the Site have the right to monitor, retrieve, store and use any
communications or authorizations you post to or via the Site and are acting on your
behalf in transmitting your communications and authorizations. However, we do not
routinely screen or monitor and are not responsible for screening or monitoring,
any communications or authorizations you post to or via the Site. If notified by
one of our users of any material that is alleged not to conform to the terms of
this Agreement, we may investigate the allegation and determine in our sole discretion
to remove or request the removal of the material. We reserve the right to remove
any material at any time, regardless of whether that material violates these standards
for content. You can report other users’ conduct violating this Agreement by writing
to the attention of our General Counsel at the address at the bottom of this Agreement.
12. COLLECTION OF INFORMATION ABOUT YOU
We collect information about you in the following ways. When you register as a user
of the Site and whenever you use certain features of the Site, you voluntarily provide
information about yourself. When you visit the Site, we store information such as
the Internet Protocol (IP) address of your computer, the sessionID that your browser
uses to identify itself to the Site, your ID if you logged in, the date and time
of the session, what pages you visit, and any promotional codes you enter. You do
not have the ability to prevent the collection of these data if you visit the Site.
We may also collect information about you and your use of our Site through the use
of Cookies. "Cookies" are small computer files we transfer to your computer's
hard drive that allows us to know how often someone visits our Site and the activities
they conduct while on our Site. If you do not want information collected through
Cookies, there is a simple procedure in most browsers that allows you to deny or
accept the Cookie feature. However, Cookies may be necessary to provide you with
certain features available on the Site.
13. DISCLOSURE OF INFORMATION ABOUT YOU
Except as set forth in this Agreement, we will not disclose to unaffiliated companies
any information we gather from you which could be used to identify or contact you
("Personal Information"), except as required in the operation of the Site.
For example, we will disclose Personal Information to banks and processing firms
(the “Banks”), in order to handle authorized payments. We also provide Personal
Information to our vendors and suppliers (collectively, "Vendors") when
it is necessary to provide products and services related to the better operation
and maintenance of our Site. For example, certain features on the Site are services
provided by a Vendor. We will endeavor to require each Bank and Vendor not to further
use or disclose your Personal Information for any purpose other than providing related
products and services. We cannot guarantee their compliance with these restrictions.
We will also provide portions of your Profile Data to other users of the Site in
order for them to identify and communicate with you. Any Personal Information provided
to entities affiliated with us will be treated in accordance with the terms of this
Agreement unless you are otherwise notified. We may provide anonymous information
about you ("Aggregate Information") to third parties. For example, we
might inform prospective business partners of the number of users of our Site and
the activities they conduct through our Site. We may charge third parties for this
anonymous information. We will not sell your Personal Information to anyone. Any
information (including Personal Information) that you provide to any third party
through the Site is not subject to this Agreement, will be seen by that third party,
may be seen by other third parties not related to us, and may be used by them to
contact you or for unauthorized purposes.
14. USE OF INFORMATION ABOUT YOU
You understand and agree that the Site may include, facilitate, or require communications
from us (such as service announcements, administrative messages, and information
about our products and services), that these communications are a requirement of
Site membership and that you can not opt out of receipt. Therefore, we may use your
registration information and other voluntarily submitted information, including
Personal Information, in the following ways:
(a) To enable us to process and verify registrations;
(b) To enable us to verify user credentials in order to maintain reasonable security;
(c) To provide our editors with information that is useful in developing new features
and services for our users;
(d) To allow us to vary advertising based on user preference, usage preferences,
and demographics;
(e) To enable us to develop and improve the features, content, and services available
through the Site;
(f) To contact you regarding registration renewals and other registration-related
matters and changes to this Agreement; and
(g) To contact you regarding new Site features, news alerts, products, and product
and service buying opportunities. Internally, we use Aggregate Information in a
number of ways to improve the Site and its content and services.
15. REQUIRED DISCLOSURES
In the following limited circumstances, we may use, or release to third parties,
your information (including Personal Information): (1) to comply with applicable
legal requirements such as a law, regulation, search warrant, subpoena, discovery
request, or court order; (2) to enforce this Agreement or respond to any third party’s
legal claims; (3) to respond to you; and (4) in special cases, such as a threat
to the safety or property of you or others.
16. CONFIDENTIALITY AND SECURITY OF YOUR COMMUNICATIONS
For data you store or send through the Site, we agree to use commercially reasonable
efforts to maintain the security of your data and prevent the unintended disclosure
of your data to unintended third parties. YOU ACKNOWLEDGE AND AGREE THAT THE TRANSMISSION
AND STORAGE OF DATA MAY NOT BE SECURE. In addition, you also acknowledge and agree
that no form of security is foolproof. We may establish general limits for Site
data storage and sending capabilities. You agree that we have no responsibility
or liability for the deletion or failure to store any data stored or sent through
the Site. You acknowledge that we reserve the right, but not the obligation, to
log off accounts that are inactive for an extended period of time. You further acknowledge
that we reserve the right to modify these general practices and limits without providing
you notice.
17. OTHER PARTIES’ COMMUNICATIONS
Some Site information is supplied by or on behalf of third parties that we do not
control. You understand that by using the Site, you may be exposed to information
that is offensive or indecent. WE DO NOT ASSUME ANY RESPONSIBILITY FOR, ENDORSE,
WARRANT, GUARANTEE, OR VERIFY THE TRUTHFULNESS, ACCURACY, RELIABILITY, INOFFENSIVENESS,
OR DECENCY OF THIS INFORMATION. We also do not endorse any opinions expressed through
the Site. We do not screen or monitor other users’ communications that are posted
to or via the Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON INFORMATION OR OPINIONS
PROVIDED THROUGH THE SITE IS AT YOUR OWN RISK.
18. ADVERTISEMENTS AND LINKS
The Site may contain advertisements placed by or on behalf of third parties. These
advertisements may contain links to other web sites. For your convenience, we may
also provide links on our Site to third party web sites. These third party web sites
are not under our control and we are not responsible for such third party web sites.
UNLESS WE EXPRESSLY STATED OTHERWISE, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR
PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER
ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE APPROPRIATE FOR YOU. If you link to
a third party site, any information you reveal on that site is not subject to this
Agreement; you should consult the privacy policies of each site you visit. We cannot
control, and are not responsible for, the disclosure or use of any information revealed
on any third party site.
19. POINTS AND OTHER PROMOTIONS
From time to time, we may offer you “points” or other promotional gifts. You acknowledge
that the purpose of these points and gifts is to promote the Site and the Software.
You understand that these points do not have any fixed value, that we are not obligated
to redeem them ever or for any amount of money or anything else of value, that we
retain the sole right to determine whether and how to redeem any points, and that
we may cancel your points at any time, with or without notice. Additionally, we
retain the right to refuse to honor any promotion if we determine, in our sole discretion,
that your participation in the promotion was abusive or in bad faith or where an
award to you would be illegal or unethical.
20. MAINTENANCE OF RECORDS
We intend to place limitations on the quantities of your data that we will store
and the time frame for which we will store it. We will use the Site to inform you
of these limitations. We also do not guarantee your access to archived copies of
data that has been created or modified by you or other users during normal use of
the site. While we plan to use industry standard processes for storing and backing-up
your data, we are not a record-keeper. Therefore, we cannot and do not promise to
store or back-up data or other information you may later want to access. You agree
to separately retain any records relating to your use of the Site, including making
backup copies of any information that you or other users create or store by using
the Site.
21. HARDWARE AND INTERNET ACCESS
You are responsible for obtaining access to the Site. Your access may involve third
party fees. You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Site. You understand that
the nature of the Internet and our security concerns may make the Site unavailable
for periods of time. We have no responsibility to you to ensure that the Site remains
available to you.
22. COMPLIANCE
You represent and warrant that you will, during and after this Agreement, comply
with all government laws, rules, and regulations directly or indirectly applicable
to you now or hereafter. You are responsible for ensuring that your Site use complies
with all laws directly or indirectly applicable to you. WE ARE NOT LIABLE OR RESPONSIBLE
FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SITE IN WAYS THAT DO NOT COMPLY WITH
ANY LAW.
23. SOME PERMITTED USES OF THE SITE
You may download, store, and print a single copy of individual pages of the Site
solely for your use in connection with your own use that does not compete with the
Site or any of the Software. However, during and after this Agreement, you may not,
in any way, alter any part of the Site that you download, store, or print and retain
all copyright and proprietary rights notices that were contained in that part of
the Site. You may create a bookmark in your browser to the home page of the Site.
Otherwise, you may not create a link to the Site without our prior written approval.
To facilitate your access to and use of our Site or portions thereof, we may make
certain software available to you. The terms of your use of such software will be
stated separately in a license agreement that will be included with the software.
You agree, during and after this Agreement, to only use such software in a manner
permitted pursuant to such license agreements.
24. COPYRIGHT
You agree that, during and after this Agreement, we (or our suppliers) own all worldwide
right, title and interest in and to the compilation of materials comprising the
Site and to each of those materials individually, except for materials provided
by you or other users through use of the Site. The copyright laws of the United
States and other countries protect the Site. Any reproduction, distribution, public
performance, or public display of these materials, in whole or in part, is prohibited
without our express prior written permission or as expressly permitted in this Agreement.
All rights not expressly granted in this Agreement are reserved to us. No other
rights or licenses, whether express, implied, arising by estoppel, or otherwise
are conveyed or intended by this Agreement. ANY UNAUTHORIZED OR UNAPPROVED USE OF
ANY OF THE SITE CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL
AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS
AND TREATIES. We respect other people’s intellectual property and expect our users
to do so. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide the following information to the attention of our General
Counsel at the address stated at the bottom of this Agreement: (1) a description
of the copyrighted work or other intellectual property that you claim has been infringed;
(2) a description of where the material that you claim is infringing is located
on the Site; (3) your address, telephone number, and email address; (4) a statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (5) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and that
you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf; and (6) your signature.
25. TRADEMARKS
All product names, the associated logos and other marks identified in the Site are
our trademarks. During and after this Agreement, you may not use our marks without
our written permission. All other names, brands and marks are used for identification
purposes only and may be trademarks or registered trademarks of their respective
owners.
Our headquarters is in Houston, Texas, United States of America. We make no claims
that the Site is appropriate for access or use outside the U.S. Your access and
use of the Site outside the U.S. is at your own risk, and you are responsible for
compliance with the laws of your jurisdiction.
26. OUTSIDE THE UNITED STATES
Our headquarters is in Houston, Texas, United States of America. We make no claims
that the Site is appropriate for access or use outside the U.S. Your access and
use of the Site outside the U.S. is at your own risk, and you are responsible for
compliance with the laws of your jurisdiction.
27. JURISDICTION
This Agreement is performable in Harris County, Texas. You agree that, during and
after this Agreement, any lawsuit or other legal proceeding between the parties
(including your affiliates, agents, employees, officers, directors, shareholders,
contractors, suppliers and licensors) shall be brought only in the Civil District
Courts of Harris County, Texas, or the United States District Court for the Southern
District of Texas, Houston Division. The parties hereby consent to the personal
and exclusive jurisdiction and venue of said court. This Agreement, the entire relationship
of the parties hereto, as well as any claim by a party against another party, whether
grounded in tort, contract, law or equity, shall be governed by, construed and enforced
in accordance with the laws of the State of Texas, without regard to its choice
of law principles. The United Nations Convention on the International Sale of Goods
is expressly disclaimed. The sole and official language of this Agreement is English.
28. GENERAL DISCLAIMERS
THE SITE IS PROVIDED "AS IS, WITH ALL FAULTS, AS AVAILABLE". YOUR USE
OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND (EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING
BY COURSE OF DEALING OR CUSTOM OF TRADE). WE MAKE NO REPRESENTATION OR WARRANTY
THAT ANY INFORMATION IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE
ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE
(1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE,
OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH THE SITE CREATES ANY WARRANTY.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE
TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE
OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation
of implied warranties. Therefore, only if required by applicable law, some or all
of the exclusions or limitations above may not apply to you. You may have other
rights from jurisdiction to jurisdiction.
29. EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES WHATSOEVER, DURING OR AFTER THIS AGREEMENT, WILL WE BE RESPONSIBLE
OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES WHATSOEVER (WHETHER DIRECT,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST
BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE) THAT RESULT
FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, (2) YOUR INABILITY
TO USE THE SITE; (3) YOUR RELIANCE ON ANY INFORMATION DERIVED FROM THE SITE, (4)
ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY
OTHER FAILURE TO PERFORM BY US IN RELATION TO THE SITE, OR (5) YOUR PROCUREMENT
OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSION SHALL APPLY
REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You
acknowledge that, because we allow you to access the Site without charge, this is
a reasonable exclusion of damages. Some jurisdictions do not permit the exclusion
of certain types of damages. Therefore, if required by applicable law, some or all
of the exclusions above may not apply to you.
30. LIMITATION OF LIABILITY
IF, DESPITE THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU
OR ANYONE ELSE FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT, DURING AND AFTER THIS
AGREEMENT, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AGREE THAT
THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU
AND US AND REFLECTS THE FACT THAT WE ARE NOT CHARGING YOU A FEE FOR THE SITE USE.
YOU ACKNOWLEDGE THAT WE WOULD NOT PROVIDE THE SITE TO YOU IF YOU DID NOT AGREE TO
THIS LIMITATION ON OUR LIABILITY.
31. INDEMNITY
You agree, during and after this Agreement, to indemnify and hold us harmless against
any losses, expenses, costs, or damages (including our reasonable attorneys’ fees,
expert fees’ and other reasonable costs of litigation) arising from, incurred as
a result of, or in any manner related to (1) your breach of the terms of this Agreement,
(2) your unauthorized or unlawful use of the Site, or (3) the unauthorized or unlawful
use of the Site by any other person using your IDs.
32. ENTIRE AGREEMENT; OTHER RESTRICTIONS
We may assign or otherwise transfer this Agreement, in whole or in part, in our
sole discretion. You may not assign or transfer your rights under this Agreement
without our prior written permission. Any attempt by you to assign or transfer your
rights under this Agreement without our permission is void and permits us to terminate
your use of the Site. The waiver by us of a breach of any provision of this Agreement
may not operate or be construed as a waiver of any other or a subsequent breach
of the same or a different kind. If any provision of this Agreement is held by a
court of competent jurisdiction to be contrary to law, the remaining provisions
of this Agreement will remain in full force and effect. This Agreement contains
the entire agreement between you and us relating to the Site, superseding any other
oral or written communications relating to the Site. No provision appearing in any
other communication from you to us relating to the Site alters or adds to the terms
of this Agreement. No statements of any of our employees amends, varies, or supplements
the terms and conditions of this Agreement. This Agreement can only be amended by
(a) our making available a revised Agreement on the Site as contemplated in Section
2 or (b) a written amendment signed by you and one of our officers authorized by
our Board of Directors.
Revised June 30, 2008.
Copyright © 2007-2008 Argus Software, Inc. All rights reserved.
Argus Software, Inc.
Att: General Counsel
3050 Post Oak Blvd
Suite 900
Houston, Texas 77056
United States of America
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