Terms and Conditions

Last revised on July 3, 2013

Please review the following terms and conditions (“Terms of Use”) that govern the use of the AppNeta, Inc. (“us,” “we,” or “AppNeta”) website located at www.appneta.com (the “Site”). These Terms of Use do not govern the use of AppNeta’s Application and Network Performance Management software solutions which are licensed separately. By accessing or using the Site, you (“you” or the “User”) agree to be bound by these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to use or access (or continue to use or access) the Site.

Privacy

Use of the Site is also governed by our Privacy Policy, a copy of which is located at [Link to Privacy Policy]. By using the Site, you are consenting to the terms of the Privacy Policy.

Proprietary Rights in Site Content; Limited License

You acknowledge and agree that AppNeta and its licensors retain ownership of all intellectual property rights of any kind related to the Site including applicable copyrights, trademarks and other property rights. All content on the Site and otherwise available through the Site, including designs, text, graphics, images, information, video, audio and other files, and their selection and arrangement (the “Site Content”), is owned by AppNeta or its licensors. No Site Content may be modified, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Authorized Users may access and use the Site and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for the User’s personal, non-commercial use, provided that the User maintains all copyright or other proprietary notices on all copies of such Site Content. You may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Site and the Site Content granted herein. All rights of AppNeta or its licensors that are not expressly granted in these Terms of Use are reserved to AppNeta and its licensors.

User Submissions

You should assume that any communication or information you transmit through, to or in connection with the Site (“User Content”) will not be private. You authorize AppNeta to treat any User Content as non-confidential and non-proprietary, and you grant to AppNeta an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content for any purpose. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content. By submitting User Content, you represent and warrant that: (i) you have all rights necessary to transmit such User Content and grant the licenses thereto specified herein; (ii) such User Content will not violate or infringe upon the rights of any third party; and (iii) such User Content will not contain libelous, defamatory or otherwise unlawful material.

Trademarks

“AppNeta” and other AppNeta graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, service marks or trade dress of AppNeta in the U.S. and other countries. You may not reproduce or use AppNeta’s trademarks, service marks or trade dress without the prior written permission of AppNeta.

Third Party Websites and Content

The Site may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by AppNeta. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Disclaimers

The Site may be unavailable from time to time for maintenance or other reasons. AppNeta shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Site.

THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND APPNETA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APPNETA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. APPNETA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Limitation on Liability

IN NO EVENT WILL APPNETA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF APPNETA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modification Of Terms Of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms of Use. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage.

Governing Law; Venue and Jurisdiction

The laws of the Commonwealth of Massachusetts will govern these Terms of Use and any dispute that might arise between you and AppNeta. You agree that any claim or dispute you may have against AppNeta shall be resolved by a federal or state court located in Boston, Massachusetts. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts.

Indemnity

You agree to indemnify and hold AppNeta harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your violation of these Terms of Use or of any law or the rights of any third party.

Miscellaneous

These Terms of Use and the Privacy Policy constitute the entire agreement between you and AppNeta regarding the use of the Site and supersede any prior agreements between you and AppNeta relating to your use of the Site. The failure of AppNeta to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. AppNeta may assign or delegate these Terms of Service and/or the AppNeta Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without AppNeta’s prior written consent, and any unauthorized assignment and delegation by you is void.

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