Welcome to the hSenid Marketplace (the "Site"). Through the Site, you have access to
a variety of resources and content.
These include:
- software and software as a service offerings ("Software");
-
Web pages, data, messages, text, images, photographs, graphics, audio and
video such as podcasts and Webcasts,
and documents such as press releases, white papers and product data sheets
("Materials"); and
-
forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail
functions, and other services in
connection with which you can upload, download, share, email, post, publish,
transmit or otherwise access or make
available Content (as defined below) ("Community Services"). Software,
Materials, Community Services, and other
information, content and services are collectively referred to as "Content." The
following are terms of a legal
agreement between you ("You" or "Your") and hSenid Corporation and its
affiliated companies ("We" or "hSenid").
By accessing or using the Site or the Content provided on or through the Site,
you agree to follow and be bound by
the following terms and conditions concerning your access to and use of the Site
and the Content provided on or
through the Site ("Terms of Use") and our information security policy hSenid may
revise the Terms of Use and data
security policy at any time without notice to you. The revised Terms of Use and
Privacy Policy will be effective when posted.
1. Terms Applicable to Specific Content and Areas of the
Site
Some areas of the Site or Content provided on or through the Site may have
additional rules, guidelines, license agreements, user agreements
or other terms and conditions that apply to your access or use of that area of the
Site or Content (including terms and conditions applicable
to a corporation or other organization and its users). If there is a conflict or
inconsistency between these Terms of Use and the rules,
guidelines, license agreement, user agreement or other terms and conditions for a
specific area of the Site or for specific Content,
the latter shall have precedence with respect to your access and use of that area of
the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or
user agreement that accompanies or is included with the Software,
ordering documents, exhibits, and other terms and conditions that apply ("License
Terms"). In the event that Software is provided on or through
the Site and is not licensed for your use through License Terms specific to the
Software, you may use the Software subject to the following:
(a) the Software may be used solely for your personal, informational, noncommercial
purposes;
(b) the Software may not be modified or altered in any way; and
(c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print
Materials that HSenid publishes or broadcasts on the Site or
makes available for download through the Site subject to the following: (a) the
Materials may be used solely for your personal, informational,
noncommercial purposes; (b) the Materials may not be modified or altered in any way;
and (c) the Materials may not be redistributed.
4. Use of Community Services
Community Services are provided as a convenience to users and hSenidis not obligated
to provide any technical support for, or participate in,
Community Services. While Community Services may include information regarding
hSenid products and services, including information from hSenid
employees, they are not an official customer support channel for hSenid.
You may use Community Services subject to the following: (a) Community Services may
be used solely for your personal, informational, noncommercial
purposes; (b) Content provided on or through Community Services may not be
redistributed; and (c) personal data about other users may not be stored
or collected except where expressly authorized by hSenid.
5. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property
and copyrighted works of HSenidor a third party provider.
All rights, title and interest not expressly granted with respect to the Site and
Content provided on or through the Site are reserved.
All Content is provided on an "As Is" and "As Available" basis, and HSenidreserves
the right to terminate the permissions granted to you in
Sections 2, 3 and 4 above and your use of the Content at any time.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise
make available ("Share") on or through the Site Content that you have
the right and authority to Share and for which you have the right and authority to
grant to hSenid all of the licenses and rights set forth herein.
By Sharing Content, you grant hSenid worldwide, perpetual, royalty-free,
irrevocable, nonexclusive, fully license to use, reproduce, modify, adapt,
translate, publish, publicly perform, publicly display, broadcast, transmit and
distribute the Content for any purpose and in any form, medium,
or technology now known or later developed. This includes, without limitation, the
right to incorporate or implement the Content into any hSenid
product or service, and to display, market, sublicense and distribute the Content as
incorporated or embedded in any product or service distributed
or offered by hSenid without compensation to you. You warrant that: (a) you have the
right and authority to grant this license; (b) hSenid's exercise
of the rights granted pursuant to this license will not infringe or otherwise
violate any third party rights; and (c) all so-called moral rights in
the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content,
that: (a) is false or misleading; (b) is defamatory, derogatory,
degrading or harassing of another or constitutes a personal attack; (c) invades
another's privacy or includes, copies or transmits another's
confidential, sensitive or personal information; (d) promotes bigotry, racism,
hatred or harm against any group or individual; (e) is obscene or not
in good taste; (f) violates or infringes or promotes the violation or infringement
of another's rights, including intellectual property rights;
(g) you do not have the right and authority to Share and grant the necessary rights
and licenses for; (h) violates or promotes the violation of any
applicable laws or regulations; (i) contains a solicitation of funds, goods or
services, or promotes or advertises goods or services; or
(j) contains any viruses, Trojan horses, or other components designed to limit or
harm the functionality of a computer. hSenid may report you to the
relevant authorities and may act under the fullest extent of applicable laws if you
transmit or upload content intended or designed to cause harm.
hSenid does not want to receive confidential information from you through or in
connection with the Site. Notwithstanding anything that you may note
or state in connection with Sharing Content, it shall not be considered confidential
information and shall be received and treated by hSenidon a
non-confidential and unrestricted basis and hSenid shall not take and shall not be
required to take any steps to safeguard the confidentiality of
any information that you Share, other than as specified in hSenid's security Policy.
7. Security, Passwords and Means of Accessing the Site and
Content
You agree not to access or use the Site in any manner that could damage, disable,
overburden, or impair any hSenid accounts, computer systems or
networks. You agree not to attempt to gain unauthorized access to any parts of the
Site or any hSenid accounts, computer systems or networks.
You agree not to interfere or attempt to interfere with the proper working of the
Site or any hSenid accounts, computer systems or networks.
You agree not to use any robot, spider, scraper or other automated means to access
the Site or any hSenid accounts, computer systems or networks
without hSenid's express written permission.
If any of the Services require you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as required by the applicable registration form. You may also be
required to choose a password and a user name. Access to and use of
password protected or secure areas of the Site are restricted to authorized users
only. You agree not to share your password(s), account information,
or access to the Site with any other person. You are responsible for maintaining the
confidentiality of password(s) and account information, and you
are responsible for all activities that occur through the use of your password(s) or
account(s) or as a result of your access to the Site. You agree
to notify hSenid immediately of any use of your password(s) or account(s) that you
did not authorize or that is not authorized by these Terms of Use.
8. No Unlawful or Prohibited Use
You agree not to use the Site, or Content provided on or through the Site, for any
purpose that is unlawful or prohibited by these Terms of Use or the
rules, guidelines or terms of use posted for a specific area of the Site or Content
provided on or through the Site.
9. Indemnity
You agree to indemnify and hold harmless hSenid, its officers, directors, employees
and agents from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable attorneys' fees and costs, due to
or arising out of Content that you Share, your violation of these
Terms of Use or any additional rules, guidelines or terms of use posted for a
specific area of the Site or Content provided on or through the Site,
or your violation or infringement of any third party rights, including intellectual
property rights.
10. Monitoring
hSenid has no obligation to monitor the Site or screen Content that is Shared on or
through the Site. However, hSenid reserves the right to review
the Site and Content and to monitor all use of and activity on the Site, and to
remove or choose not to make available on or through the Site any
Content in its sole discretion. hSenid may remove Content that is confidential or
proprietary to a third party without that third party's permission.
11. Termination of Use
hSenid may, in its sole discretion, at any time discontinue providing or limit
access to the Site, any areas of the Site or Content provided on or
through the Site. You agree that hSenid may, in its sole discretion, at any time,
terminate or limit your access to, or use of, the Site or any
Content. hSenid may terminate or limit your access to or use of the Site if hSenid
determines, in its sole discretion, that you have infringed the
copyrights of a third party. You agree that hSenid shall not be liable to you or any
third-party for any termination or limitation of your access to,
or use of, the Site or any Content, including Content that you may have Shared.
12. Third Party Websites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services of
third parties, including users, advertisers, affiliates and
sponsors of the Site. hSenid is not responsible for third party Content provided on
or through the site or for any changes or updates to such third
party sites, and you bear all risks associated with the access to, and use of, such
Web sites and third party Content, products and services.
13. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR
THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HSENID 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 WITH RESPECT
TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE.
HSENID MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE
ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU
ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE
SITE IS USED AT YOUR OWN DISCRETION AND RISK. HSENID SHALL HAVE
NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
HSENID RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE
SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME
WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL HSENID BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR
ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
15. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR
THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.
TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND
LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET
FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL
FORCE AND EFFECT.
16. Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Site, and we
ask that no information in relation to such persons be submitted
to us.
17. Availability of Products
Information on the Site may reference or cross-reference hSenid products, programs,
or services that might not be available in your location.
Such references do not imply that hSenid plans to make such products, programs, or
services available in your location. Please contact your local
hSenid representative for more information.
18. Waiver and Severability
The failure of hSenid to exercise or enforce any rights or provisions in these Terms
of Use shall not constitute a waiver of such right or provision.
If any part or provision of these Terms of Use is found to be unenforceable, such
part or provision may be modified to make the Terms of Use as
modified legal and enforceable. The balance of the Terms of Use shall not be
affected.
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