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TERMS OF USE
Effective Date: January
1, 2007
Please Read Carefully Prior To Using This Website
I. Acceptance of Terms and Conditions
Use of this rPath, Inc. ("rPath") Website (this "Website") are governed by the
terms and conditions below. These terms and conditions are legally binding on
all users of this Website. By accessing this Website, you ("User") agree to
abide by these terms and conditions. If you as the User of this Website do not
agree with any of these terms and conditions please do not use this Website,
because by using the Website you will be deemed to have irrevocably agreed to
these terms and conditions.
II. Intellectual Property Rights
- Ownership
All Content, text, images, data, information and other material displayed,
available or present on this Website ("Content"), including any
intellectual property rights in such Content (including without limitation
trademarks and copyrights) (hereinafter "Intellectual Property Rights"),
are the property of rPath, its affiliates, its licensors or the designated
owners, and are protected by applicable intellectual property laws. User
should assume that everything User sees or reads on this Website is
copyrighted unless otherwise noted, and may not be used without the
written permission of rPath except as provided in these terms and
conditions.
- Authorized and Prohibited
Uses
User may access, use and display this Website on a single computer only
and download and print copies of the Content only for non-commercial,
informational, personal use, without modification or alteration in any
way, and only so long as User complies with these terms and conditions and
applicable laws. User may not otherwise reproduce, sell, publish,
distribute, modify, display, or use any of this Website or the Content
without the prior written permission of rPath; provided, however, if the
functionality of the Website permits the emailing of certain Content or a
link through the use of an "email to a friend" (or similar) icon, User
may send that particular Content or link to others by email, as indicated.
User will not infringe upon any Intellectual Property Rights or remove or
modify related proprietary notices contained in this Website or the
Content.
- Registration and Passwords
rPath may or may not at times require a User to have a password and
provide registration details to access this Website or portions of this
Website. If rPath does require a password and registration details, it
shall be a condition of use of this Website that all the details User
provides are correct, current and complete. If rPath believes that the
details are not correct, current or complete, rPath will have the right to
refuse User access to the Website, or any of its resources, and to
terminate or suspend User's account, if any. User is responsible for
maintaining the confidentiality of any password(s) User is given to access
this Website, and User is fully responsible for all activities that occur
under User's password(s). User agrees to notify rPath immediately of any
unauthorized use of User's password(s). rPath reserves the absolute right
not to issue a password to any person or entity.
III. Website and Registration Administration
- Linking
No link shall be made to any page of this Website except a direct link to
the top page (http://www.rpath.com/) without framing. In addition, any
link to this Website must be immediately followed by notice to rPath via
e-mail at
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. Moreover,
in the event rPath deems User's linking practices in relation to this
Website to be inappropriate, rPath may provide notice to the User
concerning removal or modification of the inappropriate link, and User
agrees to comply with any and all requirements of rPath relating thereto. Upon
notification of rPath as provided above, User may link to this Website
unless and until rPath gives notice that User must discontinue linking to
this Website.
- Authority of Website
Administrator
rPath may in its discretion modify, edit, translate, suspend, restrict
access to or terminate this Website, these terms and conditions, the
Content or any link at any time without liability or prior notice. rPath
may in its discretion terminate the browsing of, registration with and use
of this Website by any User at any time without liability or prior notice
for any reason, including for any breach of these terms and conditions.
IV.
User Requirements and Obligations
- Compliance
User will comply with all applicable laws in connection with its use of
this Website.
- Unsuitable Conduct
User will not engage in conduct on or in connection with this Website that
is illegal, misleading, infringing, defamatory, obscene, offensive, or
otherwise objectionable. User will not cause damage, embarrassment or
adverse publicity to rPath.
- User Cooperation and
Notification
User will cooperate with all reasonable requests of rPath and will notify
rPath promptly upon learning of any actual or suspected breach of these
terms and conditions by User or unauthorized use or abuse of this Website.
- Third Party Sites and Other Information
As a convenience to User, this
Website may contain Content, links, and other information submitted by third
parties over whom rPath has no control or responsibility. rPath has no
obligation to monitor, control or restrict the use of this Website, or third
party websites accessible via links on this Website. These other sites are not
under the control of rPath, and User acknowledges that (whether or not such
sites are affiliated in any way with rPath) rPath is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of such a link does not imply endorsement
of any site by rPath or any association with its operators. Moreover, rPath has no obligation to verify
any Content submitted by a user or to provide any registration or other
information to User concerning any Content.
- Warranty Disclaimers,
Limitations on Liability and Remedies
This Website, its Content, and its
links are provided on an "as is" basis and are used only at the
sole risk of User, to the fullest extent permissible by law. RPATH
disclaims all warranties, express or implied, of any kind, regarding this
Website (including its content, hardware, software and links), including
ANY IMPLIED WARRANTIES as to fitness for a particular purpose,
merchantability, title, non-infringement, results, accuracy, completeness,
accessibility, compatibility, security and freedom from computer virus. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO user, THE ABOVE EXCLUSIONS WILL APPLY TO
user TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
RPATH will not be
liable for any damages or losses, including direct, indirect, consequential,
special, incidental or punitive damages and lost profits, in connection with
use of the internet, this Website, its Content, or its links, however caused,
whether in contract, tort, negligence, strict liability or otherwise, even if RPATH
has been advised of the possibility of
such damages. RPATH will not be a
party to, and will have no responsibility or liability for, any transaction
negotiated or arranged by a User arising in connection with this Website. in
any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE
IN AN APPLICABLE JURISDICTION, The maximum liability of RPATH will be limited to, in the sole discretion of RPATH, either the (1) correction or deletion of any
inaccurate Content or link; or (2) refund of any fees for this Website received
by RPATH from User.
- Indemnification
User will defend, indemnify and hold harmless rPath and its affiliates,
officers, directors, employees and contractors from any demands, claims,
damages, liabilities, expenses or harms, including attorneys fees, arising
in connection with User's use of this Website, online conduct, breach of
these terms and conditions or dealings or transactions with other persons
resulting from use of this Website.
V. Miscellaneous
- Separate Terms and Conditions
In connection with User's use of and/or access to Content contained in
certain areas of this Website, it may be necessary for User to consent to
policies or terms and conditions in addition to the terms and conditions
set forth herein, which User should read carefully before making any use
of such Content or areas of this Website. Any such terms will not vary or
replace these terms and conditions regarding any use of this Website,
unless otherwise expressly stated.
- Privacy Policy
rPath is concerned about privacy
and has developed a policy to address privacy concerns. The Privacy Policy is hereby incorporated into these terms and
conditions by reference, and constitutes a part of these terms and conditions.
- Dispute Resolution;
Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with
this Website or these terms and conditions (including without limitation
the Privacy Policy), rPath and User agree to negotiate in good faith and
undertake reasonable efforts to cooperate with one another in order to
achieve a mutually satisfactory resolution. rPath has no obligation to
become involved in any dispute between a User and any other person. This
Website, these terms and conditions and any dispute arising in connection
therewith shall be exclusively governed by and construed in accordance
with the laws of the State of North Carolina without regard to its
conflict of law principles. rPath and User agree that all disputes arising
under this agreement will be settled exclusively through confidential
binding arbitration in Raleigh, North Carolina or another forum mutually
agreed upon by the parties, pursuant to the Rules of Arbitration ("Rules")
of the International Chamber of Commerce ("ICC") by a sole arbitrator
nominated by agreement of the parties and confirmed in accordance with the
said Rules. The arbitrator's award shall be binding and may be entered as
a judgment in a court of competent jurisdiction. User agrees that rPath is
entitled to obtain preliminary injunctive relief to the extent allowed by
law to enforce any of the terms of these terms and conditions pending a
final arbitral decision.
- Modification of Terms and
Conditions, Etc.
These terms and conditions and the Privacy Policy referenced herein
constitute the complete agreement between the parties with respect to
their subject matter and supersede any prior agreement or communication.
These terms and conditions are subject to change from time to time. rPath
will endeavor to post a notice of any changes to these terms and
conditions for a period of thirty (30) days following any such
modifications. Therefore, User is advised to review these terms and
conditions occasionally, or at least every thirty (30) days. User's
continued use of this Website subsequent to rPath's notice of modification
of these terms and conditions shall constitute User's acceptance of the
modified terms and conditions. If any term or provision of these terms and
conditions shall be found to be invalid, illegal or otherwise
unenforceable, such finding shall not affect the other terms or provisions
of these terms and conditions, or the whole of these terms and conditions,
but such term or provision shall be deemed modified to the extent necessary
to render such term or provision enforceable, and the rights and
obligations of the parties shall be construed and enforced accordingly,
preserving to the fullest permissible extent the intent and agreements set
forth in these terms and conditions. User's obligations pursuant to these
terms and conditions shall survive termination of this Website, any use by
User of this Website, any Content of User on this Website, or these terms
and conditions.
- Contact
Information
If you have any questions regarding
these Terms of Use, please contact rPath at
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.
If you have any questions regarding this Website, please contact rPath at
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.
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