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General
Please read these terms of use (the “Terms”) carefully before using the websites of Harris Professional Corporation, and its subsidiaries (collectively “Harris Professional Corporation”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, forms, information, software, graphics or photographs) that Harris Professional Corporation may make available through the websites (collectively, “Materials”) and any services that Harris Professional Corporation may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Harris Professional Corporation Websites.”
Harris Professional Corporation reserves the right to modify these Terms, or change or remove features of Harris Professional Corporation Websites. Your continued use of Harris Professional Corporation Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Harris Professional Corporation Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms include the Harris Professional Corporation Acceptable Use Policy, Privacy Policy, and all other terms and conditions set forth on the Harris Professional Corporation Websites which are all incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Harris Professional Corporation Websites, constitute the entire and exclusive and final statement of the agreement between you and Harris Professional Corporation with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Harris Professional Corporation with respect to such subject matter. These Terms and the relationship between you and Harris Professional Corporation shall be governed by the laws of the State of Florida as applied to agreements made, entered into and performed entirely in Florida by Florida residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Harris Professional Corporation Websites shall be brought in the Federal or State courts located in Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Harris Professional Corporation to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Harris Professional Corporation and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Harris Professional Corporation Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Harris Professional Corporation. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harris Professional Corporation without restriction.
Use of Software
To the extent that Harris Professional Corporation provides for the download of proprietary Harris Professional Corporation software or open source software from Harris Professional Corporation’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Harris Professional Corporation or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user license agreement. All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Linking to Harris Professional Corporation Websites
Linking to the Harris Professional Corporation Websites (including an internal or subsidiary page of any website comprising a part of the Harris Professional Corporation Websites) must be approved in writing by Harris Professional Corporation, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Harris Professional Corporation Website;
2. does not utilize a Harris Professional Corporation logo;
3. does not use framing of a Harris Professional Corporation Website;
4. does not misrepresent an affiliation or other relationship with Harris Professional Corporation;
5. does not misrepresent any possible endorsement by Harris Professional Corporation;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Harris Professional Corporation.
Links to Third Party Sites
Links on the Harris Professional Corporation Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Harris Professional Corporation Websites. Harris Professional Corporation does not endorse or make any representations about such third party websites, and Harris Professional Corporation is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Harris Professional Corporation does not control those websites, and Harris Professional Corporation is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Indemnification
You agree to indemnify, defend and hold harmless Harris Professional Corporation, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Harris Professional Corporation Websites or violation of these Terms. Harris Professional Corporation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Harris Professional Corporation’s defense of such claim, and in no event may you agree to any settlement affecting Harris Professional Corporation without Harris Professional Corporation’s written consent.
Electronic Communications
When you visit the Harris Professional Corporation Websites or send e-mails to Harris Professional Corporation, you are communicating with Harris Professional Corporation electronically. We may respond to you by e-mail or by posting notices on the Harris Professional Corporation Websites. You agree that all such notices, disclosures and other communications that Harris Professional Corporation provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Harris Professional Corporation products and publications are commercial in nature. The software, publications and software documentation available on the Harris Professional Corporation Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Harris Professional Corporation’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Disclaimers
Information on the Harris Professional Corporation Websites is not promised or guaranteed to be correct, current or complete, and the Harris Professional Corporation Websites may contain technical inaccuracies or typographical errors. Harris Professional Corporation assumes no responsibility (and expressly disclaims responsibility) for updating the Harris Professional Corporation Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Harris Professional Corporation Websites. Harris Professional Corporation provides no assurances that any reported problems will be resolved by Harris Professional Corporation, even if Harris Professional Corporation elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE HARRIS PROFESSIONAL CORPORATION WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. HARRIS PROFESSIONAL CORPORATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HARRIS PROFESSIONAL CORPORATION MAKES NO WARRANTY THAT THE HARRIS PROFESSIONAL CORPORATION WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE HARRIS PROFESSIONAL CORPORATION WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL HARRIS PROFESSIONAL CORPORATION BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE HARRIS PROFESSIONAL CORPORATION WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF HARRIS PROFESSIONAL CORPORATION HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Harris Professional Corporation may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Harris Professional Corporation’s liability shall be the minimum permitted under such applicable law.
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