NOTE: Read these terms carefully. By viewing, downloading, or otherwise using any materials published on this web site ("Site"), you agree to be bound by these terms. If you do not agree to the terms set forth herein ("Terms"), do not use this Site. This Site is owned and managed by Express Metrix.
Materials Available on This Site
Software
Express Metrix and/or its suppliers own the copyright to any software available for you to download from this Site ("Software"). Your use of the Software is governed by the terms of the End User License Agreement which accompanies or is included with the Software ("EULA"). You may install any Software that is accompanied by or includes a EULA only if you first accept the terms of the EULA. Any patches downloaded from this Site are subject to the terms of the EULA which accompanied the software to which the Patch applies. You may not copy the Software onto any publicly distributed bulletin board or network or broadcast the Software in any media.
Other Materials
Express Metrix permits you to use other materials from this Site including, but not limited to white papers, press releases, datasheets and FAQs ("Materials") provided that you observe the following: (1) the below Copyright Notice as well as any other applicable proprietary notice(s) appear on all copies of the Materials, (2) use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media unless expressly approved by Express Metrix, and (3) no modifications of any Materials are made. This permission does not include the right to use the design or layout of the expressmetrix.com web site or any other Express Metrix owned, operated, licensed or controlled site. Elements of Express Metrix web sites are protected by copyright, trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Express Metrix web site may be copied or retransmitted unless expressly permitted by Express Metrix.
Your use, reproduction or redistribution of the Software which is not in accordance with the EULA or your use of the Materials for other purposes than those set forth above are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Warranties and Limitations of Liability
DISCLAIMER OF WARRANTIES:
For software
MATERIALS AND RELATED GRAPHICS, AND SERVICES MADE AVAILABLE AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OF SUITABILITY OR ANY WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES RELATING TO VIRUSES. Express Metrix may make changes to the Software or Materials at this Site at any time without notice. Portions of this Site may contain errors or be out of date, and Express Metrix makes no commitment to correct such errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
IN NO EVENT SHALL EXPRESS METRIX, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
U.S. government restricted rights
Software and documentation delivered (i) to civilian agencies of the U.S. Government pursuant to solicitations dated prior to December 1, 1995, or (ii) to the Department of Defense of the U.S. Government pursuant to solicitations dated prior to September 29, 1995 are provided with RESTRICTED RIGHTS; use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph FAR 52.227-14(g)(Jun. 1987) or subparagraph or DFAR 252.227-7013 (c)(1)(ii)(Oct. 1988). All Software and documentation delivered to civilian agencies or the Department of Defense pursuant to solicitations issued after the dates specified above are delivered with only the commercial licensing rights set forth in the EULA.
Links to other web sites
Express Metrix may provide links to other web sites merely for your convenience. Express Metrix does not control these linked sites and makes no representation regarding the quality, nature or reliability of any other web sites. The inclusion of any link does not imply Express Metrix' endorsement of such linked web site. Anyone linking to a Express Metrix web site must comply with the Requirements for Linking to Express Metrix Web Sites and all applicable laws.
Service interruptions
Temporary interruptions of services provided by this Site may occur from time to time as normal events. Express Metrix will exercise reasonable care to prevent such occurrences, but in no event will Express Metrix be liable for any financial or other damages due to such interruptions.
Copyright notice
Copyright © 2000-2002 Express Metrix, LLC. All rights reserved.
Trademarks
Express Metrix, the Express Metrix logo, Express Software Manager, Express Inventory, Express Meter, and Express Software Identification Database (ESID) are either registered trademarks or trademarks of Express Metrix LLC. Other brand and product names are trademarks of their respective owners.
General
Any rights not expressly granted herein are reserved. Express Metrix owns and manages this Site from its corporate headquarters in Seattle, Washington and these Terms will be interpreted under the laws of the State of Washington, excluding its conflict of law rules. All information on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. If you access this Site from outside the United States, you are responsible for compliance with applicable local laws. For information regarding Express Metrix products, programs and services that may be available to you, contact your local Express Metrix business representative. This Site may refer to products, programs or services that are not available in your country.
Contact Express Metrix with any questions/comments.
