Evident Software Term of Use and Legal Restrictions

NOTICE: WELCOME TO THE EVIDENTSOFTWARE.COM WEBSITE (“SITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THE “TERMS OF USE” OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Use of Site

This website is the property of Evident Software, Inc (“Evident”). Copyright ©2005-2010 by Evident Software Inc. Evident authorizes you to view and download the materials contained within the evidentsoftware.com website (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials that you have download. The material contained in this Site may not be reproduced, published, adapted, modified, displayed, distributed or sold in any manner, in any form or media, without the prior written permission from Evident. Any use of these materials on any other website or on any networked computer environment for any purpose is prohibited. Any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers and Limitation of Liability

THE METERIAL IN THIS SITE (INCLUDING ANY DOWNLOADED SOFTWARE) IS PROVIDED BY EVIDENT ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Evident’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter said agreements. Evident does not warrant the accuracy or completeness of the materials or any software at this Site. Evident may make changes to the materials at this Site, or to the products and services described in the pages on this Site, at any time without notice. The materials at this Site may be out of date, and Evident makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country.  Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

AT NO TIME SHALL EVIDENT, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED AT THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT EVIDENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Use of Software

Any Software that is made available to download from this Site is copyrighted material of Evident and/or its suppliers. Use of the software is governed by the terms of the electronic end user license agreement that accompanies or is included with the software (“License Agreement”). You may not install any Software unless you first read and agree with all the terms defined in said Licensed Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

User Submissions Via this Website

Evident does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”), that you transmit or post, including electronic mail or post mail sent to the addresses provided on this Site, will be considered non-confidential and non-proprietary. Evident will have no obligations with respect to the Communications and Evident and its assignees are free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Personal Information

All personally identifiable information that you transmit via this Site including any personal information that you may included in electronic mail or post mail sent to the addresses provided on this Site, will be handled in accordance to Evident’s Personal Information Privacy Policy.

Linking to this Website

To link to this Site, please contact us directly for terms and conditions.

Links to other Websites

All hyperlinks contained on this Site to any third-party websites are provided to you solely for your convenience. If you use these links, you will leave the Evident Site and Evident does not endorse or make any representations with respect to any information, software or other products, services or materials found on these other sites. If you use any of the hyperlinks provided on this Site to access any third-party websites, you do this entirely at your own risk.

Trademarks

“Evident” is a registered trademark and “Evident ClearStone” is a registered trademark of Evident Software Inc. Oracle is a registered trademark of Oracle Corporation. All other trademarks and registered trademark used on this Site are the property of their respective owners.

Entire Agreement; Applicable Law

These Terms of Use and the accompanying Privacy Policy constitutes the entire agreement between you and Evident with respect to the use of this Site.  Evident reserves the right to amend these Terms of Use from time to time; your use of this Site will be governed by the Terms of Use in effect at the time of use.

These Terms of Use and the accompanying Privacy Policy shall be controlled and construed under the law of the State of New Jersey, U.S.A. Exclusive jurisdiction of all disputes arising out of or in connection with this Term of Use shall reside in the state and federal courts located in the State of New Jersey, U.S.A., and you consent to the jurisdiction of such courts by use of this Site. Evident shall have the right to institute judicial proceedings against you in order to enforce Evident’s rights.

Compliance with Law and Export Controls

This Site is operated from Evident’s offices in New Jersey, U.S.A. Your use of this Site will comply with all applicable laws, rules and regulations, and you are solely responsible for compliance with local laws to the extent you use this Site outside the U.S.A. You agree and certify that all Evident materials on this Site, and any technical data received from this Site will be exported or re-exported outside the United States only as authorized and as permitted by the laws and regulations of the U.S.A.