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Terms of Use

Welcome to InduSoft‟s website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following General Terms of Use, which together with our privacy policy govern InduSoft‟s relationship with you. You also agree that your use of the website or any content found on it will not be used for illegal or improper purposes.

InduSoft may, in its sole discretion, modify this website, the privacy policy, and the General Terms of Use at any time.

The term „InduSoft‟ refers to the owner of this website whose office is located at 11044 Research Blvd. Suite A100, Austin TX 78759-5240. The term „you‟ refers to the user or viewer of our website.

Copyright and Trademarks

The trademarks, service marks, and logos used, quoted, and/or referenced on this website are registered or unregistered trademarks of InduSoft and its affiliates.

The copyrights for all materials on this website belong to InduSoft, its affiliates, or partners. Except to the extent permitted by applicable copyright laws and these General Terms of Use, you are prohibited from using any of this material without obtaining InduSoft‟s prior consent. In addition, by allowing you to access copyrighted work on this website, InduSoft does not transfer any intellectual property rights including, but not limited to: copyrights in the Software, Documents, the content of this website, patents and/or design rights, trademark, or any other rights.

Use of Software

Any software that is made available to download from InduSoft‟s website ("Software") is the copyrighted work of InduSoft. The term “Software” includes but is not limited to: communication drivers, utilities, and other similar products created by InduSoft. Use of the Software is governed by the terms of the end user license agreement, which is found on this website and also may be bundled with the Software ("License Agreement"). By downloading Software from this website, you agree to be bound by the terms of the License Agreement which can be found here.

The Software is made available for evaluation purposes and the convenience of InduSoft‟s customers only. Any communication drivers available on this website are specifically designed to function as a part of InduSoft‟s products and will not function with other software products. Any reproduction or redistribution of the Software not in accordance with the License Agreement and these General Terms of Use is expressly prohibited.

THE SOFTWARE PROVIDED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE SOFTWARE HEREIN. INDUSOFT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

Use of Documents

For purposes of these General Terms of Use, “Documents” means items such as: documentation, press releases, case studies, whitepapers, and videos created by InduSoft. Permission to use Documents found on this website is granted, provided that (1) InduSoft‟s copyright notice appears in all Documents; and (2) no modifications of any Documents are made. InduSoft reserves all rights to the Documents and may discontinue your use of them at any time.

Documents specified above do not include the design of the InduSoft website. Elements of this website are protected by copyright, trademark, and other laws and may not be copied in whole or in part. No logos, graphics, videos, sounds or images from any InduSoft site may be copied or retransmitted unless expressly permitted by InduSoft.

THE DOCUMENTS PROVIDED VIA THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INDUSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS DESCRIBED HEREIN AT ANY TIME.

EXTERNAL LINKS

SOME LINKS FOUND ON THIS WEBSITE WILL TRANSFER YOU TO THIRD PARTY WEBSITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF INDUSOFT AND INDUSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INDUSOFT IS NOT RESPONSIBLE FOR ANY MATERIALS ON THE LINKED SITES, OR ANY DATA RECEIVED FROM ANY LINKED SITE. INDUSOFT IS PROVIDING YOU THESE LINKS ONLY AS A CONVENIENCE, AND THE PRESENCE OF AN EXTERNAL LINK ON THE SITE DOES NOT IMPLY ENDORSEMENT BY INDUSOFT.

DISCLAIMER OF WARRANTIES

ALL DOCUMENTS, WEBSITE CONTENT, AND WEBSITE SERVICES 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, ACCURACY, AND NONINFRINGEMENT. INDUSOFT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY PART OF THIS WEBSITE OR THE DOCUMENTS. USE OF THE WEBSITE AND THE DOCUMENTS IS AT YOUR SOLE RISK. INDUSOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS.

ALTHOUGH THE CONTENT OF THIS WEBSITE IS UPDATED PERIODICALLY, INDUSOFT DOES NOT HAVE A DUTY TO UPDATE INFORMATION CONTAINED IN THE WEBSITE, AND INDUSOFT WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. INDUSOFT DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THIS WEBSITE.

LIMITATION OF LIABILITY

INDUSOFT SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, ITS CONTENT, OR THE DOCUMENTS, EVEN IF INDUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO: RELIANCE BY ANY PARTY ON ANY CONTENT OR DOCUMENTS OBTAINED THROUGH THE USE OF THE WEBSITE, MISTAKES OR OMISSIONS, LOSS OF DATA, DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, "FORCE MAJEURE" EVENTS OR CIRCUMSTANCES, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Export Restrictions

The Software, Documents, and other website content is subject to U.S. export laws and regulations. You must comply with all applicable domestic and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not download, export, re-export, or transfer any Software, Documents, or any other element of this websiteto anyone on a U.S. government exclusion list, to the nations of Iran, Sudan, Syria, North Korea, Cuba, to other countries that may be subject to export restrictions by the United States government, or to national residents thereof. (Please see Export.gov‟s screening lists and The U.S. Department of the Treasury for further information.)

By using this website, you agree that:

1) You are not listed on any U.S. government exclusion list or residing in a country subject to export controls;

2) You are not under the control of, or an agent for, any person or entity listed on the U.S. government‟s exclusion lists or subject to relevant sanctions by the United States; and

3) You will not directly or indirectly transfer or export any element of the Software, Documents, or other website materials to a person or entity on a U.S. exclusion list or subject to relevant sanctions by the United States.

Severability

If any provision of the General Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the General Terms of Use shall remain in full force and effect.

Applicable Law

The General Terms of Use, along with any use of the Software, Documents, or other materials provided on this website shall be governed in accordance with the laws of the State of Texas, United States of America without regard to any conflict of law principles. Any dispute or claim arising out of these terms and conditions or use this website shall be adjudicated in a court of competent jurisdiction in Travis County, Texas, United States of America.