This Agreement Keynote DeviceAnywhere™ Inc (the “Company”) makes information and products available on this website (the “Site”) subject to the following terms and conditions (the “Agreement”). By accessing the Site, you expressly agree to abide by the terms and conditions set forth in this Agreement. The Company reserves the right to change this Agreement, and any information mentioned in the Site (including but not limited to products, services, and prices) at any time, at its sole discretion, without notice. The Company reserves the right to seek all remedies available by law and in equity for any violation of this Agreement. Any rights not expressly granted herein are reserved.
Copyright The information on the Site including without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, audio and video programs, and software (“Content”) is the property of the Company, and is protected by copyright laws of the United States and international treaties. Except as specifically permitted on the Site, no portion of the Site may be distributed or reproduced by any means, or in any form.
Usage License Subject to the other terms and conditions set forth in this document, the Company grants you a non-exclusive, non-transferable, non-sublicensable, and limited right to access, use, and display the Site only for your personal, non-commercial use (the “License”). Other than the License, nothing about this document or the License shall be construed as transferring any proprietary or other right or interest to you. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You further agree to refrain from removing any trademark symbols or copyright notices contained in the files available on the Site.
You are responsible for all activities that occur under your passwords or account, and will keep your passwords confidential. You will immediately notify us of any unauthorized use of your passwords or account or any other breach of security. You will not disrupt the functioning of the Site, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Site.
Trademarks Keynote DeviceAnywhere™, Test Center Developer™, Test Center Enterprise™, Direct-To-Device™, TCE Interactive™, TCE Automation™, and TCE Monitoring™ are trademarks of the Company. All other trademarks, service marks, trade names, product names and company names or logos mentioned in the Site, or in any software and files available on the Site, are the property of their respective owners.
All artwork contained in images available on the Site (including, but not limited to, preview images, illustrations and software screenshots), and in any software and documents available on the Site, is fictional. Any similarity or likeness to real persons, living or dead, events, organizations and institutions, company names, product names, website addresses, color schemes, logos, trademarks, trade names, service names, or slogans is purely coincidental and should not be viewed as a challenge to any rights of the respective owners.
Warranties and Disclaimers THE SITE AND ANY DOCUMENTS AND FILES AVAILABLE ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE COMPANY MAY MAKE CHANGES TO THE SITE AT ANY TIME AND FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU.
THE COMPANY MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS CONTENT OR ANY OTHER WEB SITE FOR WHICH A LINK IS PROVIDED ON THE SITE. THIS LIMITATION SHALL APPLY EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications You acknowledge and agree that the Company may modify this Agreement at any time, and that such modifications shall be effective and binding upon you immediately upon posting to this webpage, and that such posting will constitute notice to you of such amendments to the Agreement. It is your responsibility to review this Agreement to apprise yourself of any such modifications to the Agreement.
Miscellaneous Provisions In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. This Agreement, and any additional terms and conditions for your usage of particular products of the Company, and any modifications hereto constitute the entire agreement between the Company and you, and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter.
Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.