2. Embedthis PRIVACY STATEMENT
Certain registration information and other information about you may be collected by or through the Site. Embedthis's use of this information is governed by the Embedthis Privacy Statement.
3. PROHIBITED USES
You agree that you will not:
4. PERFORMANCE DATA
Performance tests and ratings are measured using specific computer systems and components and reflect the approximate performance of Embedthis products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. For questions about our tests, please email email@example.com.
You will indemnify and hold Embedthis, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of the TOU, or your violation of any rights of a third party through the Site.
6. MODIFICATIONS TO SERVICE
Embedthis Software reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice. Embedthis will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Either you or Embedthis has the right to terminate or cancel your user account at any time. You understand and agree that the cancellation of your user account is your sole right and remedy with respect to any dispute with Embedthis. This includes, but is not limited to, any dispute related to, or arising out of: (a) any term of the TOU or Embedthis's enforcement or application of the TOU; (b) any policy or practice of Embedthis, including the Privacy Statement, or Embedthis's enforcement or application of these policies; (c) the content available through the Site; or (d) your ability to access and use the Site.
Embedthis, in its sole discretion, may terminate your user account without notice, for any reason, including, without limitation, if Embedthis believes that you have violated or acted inconsistently with the TOU. Embedthis will not be liable to you for termination of your user account.
The Site may provide links to third party web sites. Embedthis has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, advertising, products, or other materials available from these sites. Embedthis will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through these sites.
9. Embedthis's PROPRIETARY RIGHTS
The Site and any necessary Embedthis software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Your use of Embedthis's software is governed by separate license agreements that you must agree to in order to access the Site. You must not access the Site by any means other than through this software.
By submitting feedback to Embedthis: (a) you automatically grant to Embedthis a perpetual, irrevocable, transferable, royalty-free license to use your feedback for any purpose without any compensation to you; and (b) you agree that you will not publish, submit, or display your feedback to or on any other web site without Embedthis's prior written consent.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMBEDTHIS SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Embedthis OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
12. LIMITATION OF LIABILITY
EMBEDTHIS SOFTWARE LLC, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Embedthis HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE. UNDER NO CIRCUMSTANCES WILL Embedthis's TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO Embedthis UNDER THIS AGREEMENT (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).
13. TRADEMARK INFORMATION
Embedthis, the Embedthis logo, Appweb, and other Embedthis logos, products, and service names are trademarks of Embedthis. You must not display or use them in any manner without Embedthis's written permission.
14. GENERAL INFORMATION
Embedthis may provide any notices to you pursuant to the TOU through email, regular mail, or by displaying notices or links on the Site. The TOU constitutes the entire agreement between you and Embedthis and governs your use of the Site, superseding any prior agreements between you and Embedthis. You also may be subject to additional terms and conditions that may apply when you use other Embedthis services and software. The TOU and the relationship between you and Embedthis will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You and Embedthis agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington. The failure of Embedthis to exercise or enforce any right or provision of the TOU will not constitute a waiver of the right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the other provisions of the TOU will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one year after the claim or cause of action arose or be forever barred.