Tuesday, 23 April 2013

TOS : SlideShare

Acceptance of These Terms of Service

United States governmental agencies should contact usgov {at} slideshare {dot} com about Terms of Service usgov@slideshare.com
These Terms of Service apply to all users of the SlideShare website (the "Site"), including users who are also contributors ("Submitters") of content, information, and other materials on, or made available through, the Site.
BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO SLIDESHARE'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
The owner of the Site, SlideShare Inc ("referred to herein as "We" or "SlideShare") may modify or terminate any services offered by SlideShare from time to time (the "Services"), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by SlideShare for a fee ("Premium Services")), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any SlideShare Services.

Third Party Content Made Accessible by SlideShare

This site displays and/or makes available materials and links to MP3 audio files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom SlideShare exercises no control. SlideShare cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.

Copyright Infringement Policy

SlideShare responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.

Trademark

Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Site Access

SlideShare hereby grants you permission to use the Site as set forth in these Terms of Service, provided that:
  • use of the Site for personal or business reasons is permitted. Abusive, offensive, harmful, infringing or spammy material is not permitted and we reserve the right to take down any content from SlideShare at any time for any reason.
  • you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
  • You will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SlideShare immediately of any breach of security or unauthorized use of your account. Although SlideShare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SlideShare or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the SlideShare servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, SlideShare grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SlideShare reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by SlideShare for) the display of any such advertisements.

Intellectual Property Rights

All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("SlideShare Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SlideShare, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. SlideShare Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SlideShare or the respective owners of such Submissions. SlideShare reserves all rights not expressly granted in and to the Site and the SlideShare Content. You agree to not engage in the use, copying, or distribution of any of the SlideShare Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any SlideShare Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any SlideShare Content or Submissions, or enforce limitations on use of the Site or the SlideShare Content or Submissions displayed or made available therein.

Submissions

If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, SlideShare does not guarantee any confidentiality or security with respect to any such Submissions.
You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize SlideShare to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to SlideShare, however, you hereby grant SlideShare a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and SlideShare's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by SlideShare). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
You hereby represent and warrant that you will not:
  • Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SlideShare all of the license rights granted herein.
  • Publish falsehoods or misrepresentations that could damage SlideShare or any third party;
  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • Post advertisements.
  • Impersonate another person. SlideShare does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and SlideShare expressly disclaims any and all liability in connection with Submissions.
SlideShare does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and SlideShare will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. SlideShare reserves the right to remove Submissions without prior notice. SlideShare will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from the Site more than twice. SlideShare also reserves the right to decide whether any Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SlideShare may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the SlideShare Site, you will be exposed to Submissions from a variety of sources, and that SlideShare is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SlideShare with respect thereto, and agree to indemnify and hold SlideShare, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by SlideShare for) the display of any such advertisements.
SlideShare reserves the right to remove Submissions at any time, without notice or recourse, should SlideShare decide in its sole discretion that it is appropriate or desirable to remove a Submission.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, SLIDESHARE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.
THE SLIDESHARE SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SLIDESHARE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SLIDESHARE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLIDESHARE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SLIDESHARE SERVICES. SLIDESHARE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY SLIDESHARE SERVICE. SLIDESHARE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY SLIDESHARE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SLIDESHARE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SLIDESHARE SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SLIDESHARE SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY.

SLIDESHARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL SLIDESHARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY SLIDESHARE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.
SLIDESHARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND SLIDESHARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT SLIDESHARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by SlideShare from its facilities in the United States of America. SlideShare makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless SlideShare, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
  • your use of and access to the Site;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the SlideShare Site.

General

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SlideShare without restriction. Under no circumstances shall SlideShare or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by SlideShare.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SlideShare's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND SLIDESHARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY SLIDESHARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
SlideShare reserves the right, at its sole discretion, to modify or terminate the Site or Services, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are telling us that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only option is to stop using the Site and the Services.
Last updated: Sep 25th, 2009

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE PROCEDURES

To file a notice of infringement with us, you must provide a written communication (by email, fax or regular mail) that sets forth the items specified below.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org
To expedite our ability to process your request, please use the following format (including section numbers):
  • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit SlideShare to locate the material. Please provide a url for each slideshow / document. Include the specific slide(s) or page(s) that you claim to be infringing. Say entire work ONLY if all slides / pages are infringing.
  • Information reasonably sufficient to permit SlideShare to contact you, such as an address, telephone number, and, if available, an electronic mail.
  • Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Email the document to
  • Alternatively, send a signed document to SlideShare's designated Copyright Agent to receive notifications of claimed infringement. You may use either the address given below:
Jonathan Boutelle (Designated CopyRight Agent)
SlideShare Inc.
480 2nd St,
Suite 202
San Francisco CA 94107

How do I file a DMCA counter notice?

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
  • Identify the specific URLs of material that SlideShare has removed or to which SlideShare has disabled access.
  • Provide your full name, address, telephone number, and email address, and the username of your SlideShare account.
  • Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which SlideShare may be found if if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Email the notice to .
  • Alternatively, send the written communication to the following address:
    Jonathan Boutelle (Designated CopyRight Agent)
    SlideShare Inc.
    480 2nd St,
    Suite 202
    What happens next?
    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
    After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on SlideShare. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
    DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. 
     
    source : http://www.slideshare.net/terms

Wednesday, 17 April 2013

Allvoices TOS

Terms of Use

Last revised: 10/12/2009

Acceptance

Welcome to Allvoices. By viewing and visiting this website at www.allvoices.com (the "Website" or the "Site") or by submitting, contributing or reporting information via the Website or cellphone or using any products or services available via the Website, you ("You" or "Your") acknowledge that You have read, understand and agree to these terms of use ("Terms of Use") in their entirety. By sending us a message via SMS or MMS You expressly agree to and accept our Terms of Use and privacy policy ("Privacy Policy").
The terms and conditions governing collection and handling of any information You submit while using this Website are contained in a separate Privacy Policy agreement available at http://www.allvoices.com/privacy.
Allvoices ("Allvoices," "We," "Us," or "Our") may amend these Terms of Use at anytime and from time to time. Allvoices will notify all users with accounts with the Website of any material changes to these Terms of Use via the email address You provide when You register with the Website. Such changes shall be effective immediately upon posting to the Website following Allvoices’ notice to You via email. You agree that it is Your sole responsibility to review these Terms of Use frequently:
  • If You are a Visitor (defined below), You must review these Terms of Use each time You visit the Website.
  • If You are a Contributor or Reporter (as defined below), You must review these Terms of Use from time to time.
If You object to any such changes, You must cease using the Website immediately. You agree that any subsequent use of the Website by You following the changes to these Terms of Use shall indicate Your acknowledgement of such changes, constitute Your acceptance of and agreement to be bound by the terms and conditions in all such changes.

Allvoices Websites

These Terms of Use apply to You, and all users, of the Website, including both those users who do not have an account with Allvoices ("Visitors") and users with accounts with Allvoices that submit, contribute or report content, information or any other materials or service via the Site, cellphones or email ("Contributors," "Members," or "Reporters").
These Terms of Use and Privacy Policy also apply to any content You send to us via SMS, MMS or email, including retrospectively to any content You sent via SMS, MMS or email prior to Your first use of this website.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Allvoices. Our provision of a link to any other website or location is for Your convenience and does not signify Our endorsement of such other website or location or its contents. Allvoices has no control over, does not review, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Please be aware that the terms of this Terms of Use and our Privacy Policy do not apply to these outside websites. By using the Site, You expressly relieve Allvoices from any and all liability arising for Your use of any third-party website. It is Your responsibility when You leave the Website to read the terms and conditions, and privacy policy of each other website You visit.

Content, Product and Services Available

At present, Allvoices provides You access to certain online resources, including various communication tools, blogging and discussion platforms. We reserve the right to change or discontinue temporarily or permanently any content, products or services available via the Website ("Website Services") at anytime without notice.
You agree that Allvoices will not be liable to You or any third party for any modification or discontinuance of the Website Services therein.
We cannot always anticipate technical or other operational outages which may result in loss of data, personalization settings or other services. Neither Allvoices nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization setting.

General Use of the Website

Subject to the terms and conditions of these Terms of Use, Allvoices grants You a limited, non-transferable, non-exclusive, license to access the features and functions of the Website as set forth in these Terms of Use, provided that:
  1. You do not distribute in any medium any part of the Website, including but not limited to User Contribution/Submissions/Reports without Allvoices’ prior written authorization.
  2. You agree to use the Website solely for Your personal use and not for any commercial use without the prior written consent of Allvoices.
  3. You agree not to use, upload, submit, transmit or launch any form of virus, worm, Trojan horse, automated system, or other malicious code, including without limitation, "robots", "spiders" or "offline readers" that accesses the website in a manner that sends more request that a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Allvoices grants the operators of public search engines permissions to user spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the material, but not caches or archives of such material. Allvoices reserves the right to revoke these exceptions either generally or in specific cases at any time in its sole discretion.
  4. You agree not to collect or harvest any personally identifiable information from the Site, including via any automatic or manual process, and including account names, from the Website nor to use the communications system provided by the websites (e.g. comments, blogs, questions and answers) for any commercial solicitation purposes, any users of the website with respect to their user contributions/submissions/reports. Further You agree not to use the Website to generate unsolicited email advertisements or spam.
  5. You agree not to conduct or promote any illegal activities; upload content, distribute or print anything that may be harmful to minors; upload content, distribute or print anything that violates the terms of this Agreement; attempt to reverse engineer or jeopardize the correct functioning of the Website; attempt to gain access to secured portions of the Website to which You do not possess access rights.
  6. You agree not to impersonate another user.
  7. You agree to otherwise comply with the terms and conditions of these Terms of Use , including provisions regarding acceptable or prohibited Allvoices community conduct (as set forth in the section below titled "Community Conduct"), and all applicable local and national and international laws and regulations.

Community Conduct

Because Allvoices is a global community site, we want to encourage discussion among users from around the globe. To do so, we have established rules of community conduct. By registering on the Allvoices site to become a Contributor to or contributing via cellphone, You agree that You will use common-sense rules and show courtesy and respect toward other users. You also agree You will not use the Allvoices Website to:
  • Defame, abuse, harass, stalk, threaten, impersonate or otherwise violate the legal rights of others via comments, private messages or other means; do not instigate or participate in online arguments, flame wars or name-calling
  • Post content that criticizes or reviews Allvoices' policies, staff members, or users; please contact us with suggestions or complaints using the links at Contact Us
  • Post obscene, pornographic, sexually explicit or otherwise illegal content; photos with sexualized nudity of any kind are not permitted on Allvoices, regardless of any attempts to censor or obscure the nudity
  • Post inappropriate, profane, infringing, obscene, indecent or unlawful material
  • Use hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion or nationality
  • Spread threats or incite violence towards any individual or group
  • Post copyrighted material of any format - any reports that include plagiarized or copyright infringing material will be subject to immediate deletion and removal from Allvoices
  • Conduct or promote any illegal activities
  • Upload content, report, distribute or print anything that may be harmful to minors as defined by 47 United States Code Sec. 231(e)(6)
  • Post marketing links to affiliate marketing programs in your reports
  • Post fictional reports or stories that may mislead our readers
  • Create aliases or other accounts in order to promote and praise your own work on Allvoices.com, or to put down or disrespect the work of others on Allvoices.com
  • Post spam to the site or send spam to other members via private messages or any other means
If Your article includes any of these violations, Your account will be stripped of all page views and revenues generated by that article since Sept. 1, 2011. If You have already been paid revenues for that article, those revenues will be deducted from your current balance.
Additionally, users who violate the above rules will be subject to written warnings and/or possible account termination by Allvoices. Disciplinary action is at the sole discretion of the Allvoices staff and will vary based on the frequency and severity of a user's violations.
Please share the news that matters to You in accordance with these Terms of Use. Participate and contribute to news events around the world as if You were there.

Permitted Use of Content

  1. The content in the Allvoices Website, except all User Contribution, User Reports and User Submissions (defined below), including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like ("Content") posted on or otherwise available via the Site and the trademarks, tradenames, service marks, logos and related marks contained therein ("Marks") are owned by or licensed to Allvoices. Content on the Website is provided to AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted broadcast, displayed, sold, licensed or otherwise exploited for any other purposed whatsoever with the prior written consent of Allvoices or its licensors. Allvoices reserves all rights not expressly granted hereunder in and to the Website, Marks and Content.
  2. You agree to not use, copy, distribute, or attempt to do any of the foregoing, any of the Content or User Contributions or User Reports or User Submissions, for any commercial purposes.
  3. You understand and agree that Allvoices does not represent or endorse any User Reports and User Contributions and is not responsible or liable for any User Contributions and User Reports and User Submissions even though any User Contributions and User Reports User Submissions that may be considered unlawful, inaccurate, objectionable, offensive, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that may infringe upon the intellectual property or other rights of another. You understand and agree that Allvoices makes no representation about the selection of User Contributions and User Reports and User Submissions submitted by users that is available via the Website, Allvoices makes no representation that Allvoices discloses all submitted User Contributions and User Reports and User Submissions, or that the User Contributions and User Reports and User Submissions posted via the Website and cellphones represent an exhaustive representation of what Allvoices receives via the Website and cellphones. Further, Allvoices makes no representations or warranties about any and all editorial content on the Website. Opinions on the Website are not to be construed as assertions of fact. You hereby waive any legal or equitable rights or remedies You have or may have against Allvoices with respect to User Reports and User Contributions and User Submissions, and agree to indemnify and hold Allvoices, its owner/operators, affiliates, employees, agents and licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
You acknowledge that Allvoices does not have a duty to prescreen User Contributions and User Reports and User Submissions, but we reserve the right to refuse to post or to redact User Contributions for profanity and racial slurs or other violations of these Terms of Use, at our sole discretion, however We haves no obligation to do so. Allvoices and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any user content that is posted on or through the service, but We are not responsible for any failure or delay in removing such material. In addition to the foregoing, Your responsibility and obligation with respect to Content You submit or report is outlined below.
Though We expect all users to adhere by our content policies in these Terms of Use, You may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. You use the Site at Your own risk. You agree that Allvoices is not liable for content that is provided by others. We take no responsibility for Your exposure to content on the Website whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.

User submissions, contributions, reports and conduct

To contribute, report or submit content to the Allvoices Website including a news event, people, comments, questions and answers, feedback, blogs and perspectives, textual content, news URLs, emails, SMS, MMS, public user profiles as well as photographs, videos and images or report a news event ("User Contribution," "User Submission," or "User Reports"), You must have an account on the Allvoices Website or must create one during the first time You contribute. If You are sending us a contribution and report via cellphone without registering, our system will accept Your contribution and may not publish it unless You visit the Website to register. However these Terms of Use and Privacy Policy also applies to any content You send to Us via SMS, MMS and email including retrospectively to any content You sent via SMS, MMS and email prior to Your first use of this site. By sending us a message via SMS or MMS You expressly agree to and accept our terms of use and privacy policy. You acknowledge that Allvoices does not guarantee any confidentiality with respect to any User Contribution, User Report or User Submission and that User Contributions, User Reports and User Submissions may be accessed and viewed by others, including the general public.
  1. You are solely responsible for Your own User Contributions and the consequences of posting or publishing them. You represent and warrant that You own or have necessary and sufficient licenses, rights, consents and permission to post each User Contribution, User Report and User Submission to the Website or sent to Allvoices via cellphones and to use and authorize Allvoices to use all patent, trademark, trade secret, copyright or other proprietary rights in any and all User Contributions, User Reports and User Submissions You submit, to enable inclusion and use of the User Contributions, User Reports and User Submissions in the manner contemplated by the Website/Allvoices and these Terms of Use. By submitting User Contributions, User Reports and User Submissions to public areas of the Website, You grant Allvoices the right to use, copy, display, perform, distribute, adapt and promote such User Contributions, User Reports and User Submissions in any medium. You take sole and complete responsibility for any content You submit or report via the Website or SMS/MMS/email or sent to Allvoices in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, report, submit or otherwise transmit any content that (i) You do not own or to which You do not have the written permission of the owner to upload to the Site, (ii) in any way infringes on the rights of third parties, or (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another.
  2. You retain all of the ownership rights to Your User Contributions, User Reports and User Submissions. However, by submitting or reporting User Contributions, User Reports and User Submissions to Allvoices, You hereby grant Allvoices a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions, User Reports and User Submissions in connection with the Site, including all rights for promoting and redistributing part or all of Allvoices websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access Your User Contributions, User Reports and User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Contributions, User Reports and User Submissions as permitted through the functionality of the Site and under these Terms of Use. The above licenses granted by You in User Contributions, User Reports or User Submissions terminate within a commercially reasonable time after You remove or delete Your User Contribution, User Report or User Submission from the Allvoices Site, provided that, in no event, shall any failure by Allvoices to remove or delete any User Contributions, User Reports, or User Submissions be deemed a breach of these Terms of Use. You understand and agree, however, that Allvoices may retain, but not display, distribute, or perform, server copies of the User Contributions, User Reports and User Submissions that have been removed or deleted.
  3. In the event that Your User Contribution, User Report or User Submission (collectively “Your Material”) is original, exclusive, and previously unpublished, You will have the option – upon checking the box labeled “Exclusivity License” – to exclusively allow Allvoices, for a period of forty-eight (48) hours, to syndicate Your Material to other media outlets. By checking such box (i) You agree that Your Material is subject to the Exclusivity License; (ii) You hereby grant Allvoices an irrevocable, exclusive, worldwide and non-transferable license, for a period of forty-eight (48) hours from the moment Your Material has been submitted and/or uploaded in our servers (the “Exclusivity Period”) to promote, market, and negotiate the licensing of Your Material to media publications, groups or organizations (news, TV and Radio) (collectively, the “Media Buyer”), as selected by Allvoices in its sole discretion; and (iii) You give Allvoices the right to grant a license to Your Materials to the Media Buyers. During the Exclusivity Period, You may not sell, license, or otherwise assign or transfer any rights to Your Materials marked under an Exclusivity License to a third party. Each syndication use, as negotiated by Allvoices, will include any copyright notices provided by You in Your Materials at the time You submitted them to Allvoices. Allvoices reserves the right to market, promote and negotiate the licensing of Your Materials with as many Media Buyers as possible during the Exclusivity Period, as well as reserving the right to negotiate the type of license to Your Materials including, but not limited to, (a) granting worldwide, non-transferable and non-sublicenseable licenses to copy, distribute, display, and perform Your Materials; (b) granting a limited right to create derivative works solely for the edition, condensation and/or reformatting of Your Materials as required for publication; (c) syndicating Your Materials to a single Media Buyer on an exclusive basis, upon reasonable compensation; (d) granting limited-term licenses, provided that rights to Your Materials will revert immediately to You upon termination of such license term. Licenses granted to Media Buyers shall not include any rights for further syndication and/or licensing of Your Materials. Upon conclusion of the Exclusivity Period, Allvoices will release Your Material, making it available for non-exclusive licensing. Except with respect to the licensed granted above, You maintain at all times full ownership of Your Materials. For each syndication license sold to a fixed Media Buyer, Allvoices will retain twenty five percent (25%) of the net receipts as [a one-time] commission. You will receive the remaining seventy five percent (75%) of the net receipts (“Payment”) within thirty (30) days after Allvoices receives the Payment from the applicable Media Buyer. For purposes of this section, “Net Receipts” shall mean all amounts paid to Allvoices for Your Material, except that Allvoices may deduct the following items from any Payment before calculating the amount owed to You: (i) cancellations of a license where the original sale was reported in a current or past Payment Report; (ii) overpayment in a prior Payment (should a payment error occur); and/or (iii) any costs associated with a claim due to a breach of this Agreement on Your part (“Deductions”). Allvoices will notify you of any Deductions in a Payment Report before deducting them from the Payment (you can always inquire if you are unsure of anything in your report). All Deductions will be netted out before payment is calculated to either party. Allvoices will make all payments hereunder free and clear of, and without reduction for, any withholding taxes. Any taxes imposed on any Payments hereunder will be Your sole responsibility, and You hereby agree to defend, indemnify and hold harmless Allvoices arising from any liability related to such taxes.
  4. You further represent and warrant that You will not submit or report User Contributions, User Reports and User Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and grant Allvoices all of the license rights granted herein. You represent and warrant that You have the permission of those individuals or entities whose information appears in the content You submit or report via the Website/SMS/MMS/email and that You have obtained the necessary permissions to disclose such information to the general public, and to show any Marks that may appear in Your content. You are solely responsible for retaining Your own backup copies of any User Contributions, User Reports and User Submissions You submit or report via the Website, SMS, MMS or email.
  5. You agree and accept that Your conduct and the type of material You submit adheres to the provisions under the section above titled, "Community Conduct".

General Rules

Provide accurate information: You agree to provide true, accurate, current information about yourself in Allvoices registration forms (registration data). You agree to update the registration data to keep it current and accurate.
Protect Your information: Please choose carefully the information You post on Your public profile page on allvoices.com. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other allvoices.com contributors/members (for instance, in their profile) may contain inaccurate, inappropriate, offensive and sexually explicit material, products or services, and Allvoices assumes no responsibility or liability for this material. If You become aware of misuse of the Allvoices services by any person, please contact misconduct@allvoices.com or click on the "flag" link at the bottom of each content item.
Protect Your password: Upon completing registration process, You will receive an account and select a password, You are responsible for maintaining the confidentiality of Your password and account, and You are fully responsible for all the activities that occur under Your password or account or any other breach of security, You must notify Allvoices immediately and promptly change Your password. Please go to Your profile page "Account Setting" for instructions on how to change Your password or to contact help@allvoices.com

Copyright Infringement

Allvoices does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Allvoices will remove all Content, User Contribution, User Report and User Submission if properly notified that such content or User Contribution, User Report and User Submission infringed on another’s intellectual property rights. Allvoices reserves the right to remove Content, User Contributions, User Reports and User Submissions without prior notice.
If You are a copyright owner or an agent thereof and believe that any Content, User Contribution, User Report and User Submission infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium copyright Act (DMCA) by providing our copyright agent with the following information in writing:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by You that You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Allvoices designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Allvoices, Inc.
Copyright Agent
351 California Street, Suite 1210
San Francisco, CA 94104

By email:

copyright@allvoices.com

By fax:

Allvoices, Inc.
ATTN: Copyright Agent
+1-415-723-7399
You acknowledge that if You fail to comply with all of the above requirements, Your DMCA notice may not be valid.

Account Termination policy

Allvoices may terminate Your access to this Website, at its sole discretion at any time without notice, including if You are determined to be in violation of these Terms of Use. Allvoices reserves the sole and exclusive right to decide whether Content or User Contributions, User Reports and User Submissions are inappropriate and whether they comply with these Terms of Use.

Warranty Disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE ALLVOICES WEBSITE, INCLUDING ALL CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALLVOICES MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE WEBSITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLVOICES, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICE AND YOUR USE THEREOF. ALLVOICES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, PRODUCTS OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. ALLVOICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, ALLVOICES EXPRESSLY DISCLAIMS ANY WARRANTIES AND ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR MALFUNCTIONS OF OR SECURITY BREACHES OF OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALLVOICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ALLVOICES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALLVOICES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL ALLVOICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE ALLVOICES SERVICES OR FEATURES AND FUNCTIONS OF THE WEBSITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF ALLVOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALLVOICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS, USER REPORTS, USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, ALLVOICES SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).
The Website is controlled and offered by Allvoices from its facilities in the United States of America. Allvoices makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Allvoices Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws and regulations.

Indemnity

You agree to defend, indemnify and hold harmless Allvoices, its officers, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of, and access to, or misuse of the Allvoices Website/Service; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, privacy, intellectual property or other proprietary right; or (iv) any claim that one of Your User Contributions, User Reports and User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website or any services offered by Allvoices. Allvoices reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Allvoices in asserting any available defenses.

Ability to accept Terms of Use

You affirm that You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation, and warranties set forth in these Terms of Use. In any case, You affirm that You are over the age of 13. The Website is not intended for children under 13. Allvoices does not knowingly collect information from users under the age of 13. If You are under 13 years of age, then You must not use the Website, and do not submit any personal information to Us.

Opting out from US SMS

For US users, to opt-out from our SMS service, You can text STOP or END or CANCEL or UNSUBSCRIBE or STOP ALL into VOICES (864237) from Your mobile phone and we will unsubscribe You from our SMS text messaging service immediately. You will not receive any additional messages until You re-register on the Website.

How to get help or support

To get help, email Us at support@allvoices.com, or view Our help section on this site. From Your mobile phone, You may request our contact information at any time by texting HELP into VOICES (864237).

Miscellaneous

These Terms of Use constitute the entire agreement between Allvoices and You with respect to Your rights to access and use the Website. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California. Any dispute arising out of these Terms of Use shall be adjudicated exclusively in the state or federal courts of the State of California and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Allvoices as a result of these Terms of Use or Your use of or access to the Website.

Next Read : http://www.allvoices.com/terms

Amahi Terms of Service

In Short

We run a service called Amahi and would love for you to use it. Our basic service is free. We are currently in Beta, and we require that you do not use software in connection with Amahi with valuable data. The vast majority of software in Amahi is GPL software, so we do not take responsibility over bugs we have or other software that we require may have.
If you find something in our site or software that you believe violates our terms of service, please contact us.
Creative Commons LicenseNOTE: We’ve decided adopt the Terms of Service below adapted from the Terms of Service of our friends at wordpress.com, which they graciously made available under a Creative Commons Sharealike license. Thanks Automattic!

Terms of Service

The following terms and conditions govern all use of the Amahi websites and all content, services and products available at or through the websites, including, but not limited to, the Amahi Home Server control panel, wiki, blog, forums, bug tracker, code repo under the various domains property of Amahi (taken together, the Website). The Website and software is owned and operated by Amahi, Inc. (“Amahi”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Amahi’s Privacy Policy) and procedures that may be published from time to time on this Site by Amahi (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or downloading any of our software (even without signing up as a user), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Amahi, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
  1. Your Amahi Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account and its profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Amahi may change or remove any account, profile, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Amahi liability. You must immediately notify Amahi of any unauthorized uses of your account or any other breaches of security. Amahi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a web site, post material to the Website, post code, media, or links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Amahi or otherwise.
    By submitting Content to Amahi for inclusion on your account or Website, you grant Amahi a permanent, irrevocable, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose, including display, distribution and promotion. If you delete Content, Amahi may use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
    Without limiting any of those representations or warranties, Amahi has the right (though not the obligation) to, in Amahi’s sole discretion (i) refuse or remove any content that, in Amahi’s reasonable opinion, violates any Amahi policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Amahi’s sole discretion. Amahi will have no obligation to provide a refund of any amounts previously paid.
    Amahi reviews and considers app submissions and idea submissions (“Submissions”) only at its sole discretion. The purpose of this policy is to avoid potential misunderstandings or disputes if any of Amahi’s services or products would be identical to or appear to be similar to any Submissions sent to Amahi. Submissions sent to Amahi will not be considered confidential or proprietary. Amahi may independently have developed products, trademarks or services that are identical to or appear to be similar to your Submissions sent to Amahi. By submitting, you agree that all rights to any Submissions are assigned to Amahi without any compensation to you. If a dispute would arise in relation to Submissions sent by you, you shall discharge Amahi, its employees or any of its contracting parties from any and all claims.
  3. Services and Apps.
    • Service Fees and Payment. Optional premium paid services and applications (“apps") may available on the Website. Applications available through the Services are made available or distributed or licensed, as the case may be for each app, not sold. Amahi Credit is deposited in your account by you. By selecting a premium service or depositing Amahi Credit, you agree to pay Amahi the one-time, monthly, quartely, semi-annual or annual subscription fees indicated for that service or credit amount. Service payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly, quartely or annual period as indicated. Premium service fees and Amahi Credit are not refundable. Amahi Credit may only be used towards the purchase of convenience fees to install apps and nothing else not allowed by the website. Unused Amahi Credit expires after one year of app purchase inactivity. Amahi reserves the right to change the payment terms and fees upon thirty (30) days prior written or email notice to you. Services can be canceled by you at anytime on 30 days written notice to Amahi.
    • App Install Fees and Payment. Optional apps may be available to install via Amahi's “one-click installer". Apps are made available with an applicable convenience fee for making them available to install. Apps are made available to install by paying the install fee in advance of installation. This includes apps with no fee. Apps transacted through the app install service are not being sold, only licensed for delivery to an Amahi-enabled device. Amahi reserves the right to change the payment terms and fees upon thirty (30) days prior written or email notice to you. Services can be canceled by you at anytime on 30 days written notice to Amahi. By adding credit to your account, you agree that this credit can only be used towards the one-click convenience fee for apps.
    • Support. Services may include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Amahi to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free Amahi services. All Services support will be provided in accordance with Amahi standard Services practices, procedures and policies.
  4. Responsibility of Website Visitors. Amahi has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Amahi does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Amahi disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Amahi links, and that link to Amahi. Amahi does not have any control over those non-Amahi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amahi website or webpage, Amahi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amahi disclaims any responsibility for any harm resulting from your use of non-Amahi websites and webpages.
  6. Copyright Infringement and DMCA Notice. As Amahi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Amahi violates your copyright, you are encouraged to notify Amahi in accordance with Amahi’s Digital Millennium Copyright Act (”DMCA”) Notice. Amahi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Amahi or others, Amahi may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Amahi will have no obligation to provide a refund of any amounts previously paid to Amahi.
  7. Intellectual Property. This Agreement does not transfer from Amahi to you any Amahi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Amahi. Amahi, the Amahi logo, HDA, "Home Digital Assistant" and all other trademarks, de facto trademarks, service marks, graphics and logos used in connection with Amahi, or the Website are trademarks or registered trademarks of Amahi or Amahi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Amahi or third-party trademarks.
  8. Changes. Amahi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Amahi may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Termination.Amahi may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Amahi account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Amahi if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Amahi’s notice to you thereof; provided that, Amahi can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website and software is provided “as is”. Amahi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amahi nor its suppliers and licensors, makes any warranty that the Website, its software or any other software provided by or through Amahi will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Amahi, or its suppliers, application providers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Amahi under this agreement during the twelve (12) month period prior to the cause of action. Amahi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Amahi Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Amahi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Amahi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Amahi, or by the posting by Amahi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sunnyvale, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Amahi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail. 

Next Read : https://www.amahi.org/tos

Intel SDK


End User License Agreement
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use the Materials provided under this license agreement ("Agreement"), until you have carefully read the following terms and conditions. By copying, installing, or otherwise using the Materials, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Materials.
End User License Agreement for the Intel(R) Software Development Products
1. LICENSE DEFINITIONS:
A. "Materials" are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement. Materials also include the Redistributables, Cluster OpenMP Library, and Sample Source as defined below.
B. "Redistributables" are the files listed in the following text files that may be included in the Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt.
C. "Cluster OpenMP Library", is comprised of the files listed in the "clredist.txt" file specified above, is the Intel(R) Cluster OpenMP* Library add-on option to the Intel(R) C++ Compiler for Linux* and Intel(R) Fortran Compiler for Linux* products ("Intel Compiler for Linux"). The use of the Cluster OpenMP Library is conditioned on having a valid license from Intel for the Cluster OpenMP Library and for either Intel Compiler for Linux, and further is governed by the terms and conditions of the license agreement for applicable the Intel Compiler for Linux.
D. "Source Code" is defined as the Materials provided in human readable format, whether unmodified or modified by you.
E. "Sample Source" is the Source Code file(s) that: (i) demonstrate certain limited functions included in the binary libraries of the Intel(R) Integrated Performance Primitives ("Intel(R) IPPs"); (ii) are identified as Intel IPP sample source code; (iii) are obtained separately from Intel after you register your copy of the Intel Integrated Performance Primitives product with Intel; and (iv) are subject to all of the terms and conditions of this Agreement.
F. "Microsoft Platforms" means any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
2. LICENSE GRANT:
A. Subject to all of the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to you a non-exclusive, non-assignable, copyright license to use the Materials.
B. Subject to all of the terms and conditions of this Agreement, Intel grants to you a non-exclusive, non-assignable copyright license to modify the Materials, or any portions thereof, that are (i) provided in Source Code form or, (ii) are defined as Redistributables and are provided in text form.
C. Subject to all of the terms and conditions of this Agreement and any specific restrictions which may appear in the Redistributables text files, Intel grants to you a non-exclusive, non-assignable, fullypaid copyright license to distribute (except if you received the Materials under an Evaluation License as specified below) the Redistributables, including any modifications pursuant to Section 2.B, or any portions thereof, as part of the product or application you developed using the Materials. If such application is a software development library, then attribution, as specified in the product release notes of the corresponding Materials, shall be displayed prominently in that application’s product documentation and on the application’s product web site.
3. LICENSE RESTRICTIONS:
A. If you receive your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
B. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials, Redistributables and Sample Source and derivatives thereof to any third party except as provided in this Agreement; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if per the accompanying user documentation the Materials are meant to execute only on the Microsoft Platforms; (x) include the Redistributables in malicious, deceptive, or unlawful programs; or (xi) modify or distribute the Source Code of any Redistributable so that any part of it becomes subject to an Excluded License. An "Excluded License" is one that requires, as a condition of use, modification, or distribution, that (a) the code be disclosed or distributed in source code form; or (b) others have the right to modify it.
C. The scope and duration (time period) of your license depends on the type of license you obtained from Intel. The variety of license types are set forth below, which may not be available for all "Intel(R) Software Development Products" and therefore may not apply to the Materials. For more information on the types of licenses, please contact Intel or your sales representative.
i. PRE-RELEASE LICENSE: If you are using the Materials under the control of a pre-release license, (a) the Materials are pre-release code (e.g., beta release, etc), which may not be fully functional and which Intel may substantially modify in producing any commercial version, and which Intel can provide no assurance that it will ever produce or make generally available a commercial version, and (b) you as an individual may use the Materials only for the term of the pre-release time period, which is specified elsewhere in the Materials, or upon the commercial release of the Materials. You may install copies of the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
ii. EVALUATION LICENSE: If you are using the Materials under the control of an Evaluation license, you as an individual may use the Materials only for internal evaluation purposes and only for the term of the evaluation time period, which may be controlled by the license key code for the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION PERIOD. You may install copies of the Materials on a reasonable number of computers to conduct your evaluation provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel may provide you with a license code key that enables the Materials for an Evaluation license. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
iii. NONCOMMERCIAL-USE LICENSE: If you are using the Materials under the control of a Noncommercial-Use license, you as an individual may use the Materials only for non-business use where you receive no fee, salary or any other form of compensation. The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel will provide you with a license code key that enables the Materials for a Noncommercial-Use license. If you obtained a time-limited Noncommercial-Use license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
iv. SINGLE-USER LICENSE: If you are using the Materials under the control of a Single-User license, you as an individual may install and use the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel will provide you with a license code key that enables the Materials for a Single-User license. If you obtained a time-limited Single-User license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
v. NODE-LOCKED LICENSE: If you are using the Materials under the control of a Node-Locked license, you may use the Materials only on a single designated computer by no more than the authorized number of concurrent users. A separate license is required for each additional concurrent user and/or computer in all other cases. Intel will provide you with a license code key that enables the Materials for a Node-Locked license up to the authorized number of concurrent users. If you obtained a time-limited Node-Locked license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials.
vi. FLOATING LICENSE: If you are using the Materials under the control of a Floating license, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent users. A separate license is required for each additional concurrent user and/or network on which the Materials are used. Intel will provide you with a license code key that enables the Materials for a Floating license up to the authorized number of concurrent users. If you obtained a time-limited Floating license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. Intel Library Floating License: If the Materials are the Intel(R) Math Kernel Library or the Intel(R) Integrated Performance Primitives Library or the Intel(R) Threading Building Blocks (either "Intel Library"), then the Intel Library is provided to you as an add-on option to either the Intel(R) C++ Compiler product or the Intel(R) Fortran Compiler product (either "Intel Compiler") for which you have a Floating license, and as such, in addition to the terms and conditions above, the Intel Library may only be used by the authorized concurrent users of that Intel Compiler Floating license.
D. DISTRIBUTION: Distribution of the Redistributables is also subject to the following limitations: You (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) shall not make any statement that your product is "certified", or that its performance is guaranteed, by Intel, (iii) shall not use Intel's name or trademarks to market your product without written permission, (iv) shall use a license agreement that prohibits disassembly and reverse engineering of the Redistributables, (v) shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.
E. Intel(R) Integrated Performance Primitives (Intel IPP). The following terms and conditions apply only to the Intel IPP.
i. Notwithstanding anything in this Agreement to the contrary, if you implement the Sample Sources in your application or if you use Intel IPP to implement algorithms that are protected by others’ licenses then you may need additional licenses from various entities. Should any such additional licenses be required, you are solely responsible for obtaining any such licenses and agree to obtain any such licenses at your own expense.
ii. Notwithstanding anything herein to the contrary, a valid license to Intel IPP is a prerequisite to any license for Sample Source, and possession of Sample Source does not grant any license to Intel IPP (or any portion thereof). To access Sample Source, you must first register your licensed copy of the Intel IPP with Intel. By downloading, installing or copying any Sample Source file, you agree to be bound by terms of this Agreement.
F. SOFTWARE TRANSFER: You may permanently transfer the Materials and all of your rights under this Agreement to another party ("Recipient") only if you notify Intel of the transfer by sending a letter to Intel certifying that you retain no copies of the Materials and that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement. Please send such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
4. COPYRIGHT: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise, specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
5. NO WARRANTY AND LIMITED REPLACEMENT: THE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and your exclusive remedy shall be the replacement of the media. This offer is void if the media defect results from accident, abuse, or misapplication.
6. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer shall indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the part.
8. USER SUBMISSIONS: You agree that any material, information or other communication you transmit or post to an Intel website or provide to Intel under this Agreement related to the features, functions, performance or use of the Materials will be considered non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If you wish to provide Intel with your confidential information, Intel requires a non-disclosure agreement ("NDA") to receive such confidential information, so please contact your Intel representative to ensure the proper NDA is in place.
9. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Materials, and to verify compliance with the terms of this Agreement. Intel may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
10. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is specified elsewhere in the Materials, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if you are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, you will immediately return to Intel or destroy the Materials and all copies thereof. Any distribution of the Redistributables conducted in accordance with the terms and conditions of this Agreement shall survive termination of this Agreement.
11. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a "Commercial Item," as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and "commercial computer software documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government shall only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
12. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement is intended to be the entire agreement between you and Intel with respect to matters contained herein, and supersedes all prior or contemporaneous agreements and negotiations with respect to those matters. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. If any provision of this Agreement is determined by a court to be unenforceable, you and Intel will deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of the Agreement will continue in effect. Any change, modification or waiver to this Agreement must be in writing and signed by an authorized representative of you and Intel.
B. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. You agree that your distribution and export/re-export of the Software and permitted modifications shall be in compliance with the laws, regulations, orders or other restrictions of applicable export laws.

13. THIRD PARTY PROGRAMS. The Materials may include third party programs or materials. The license terms with those programs or materials apply to your use of them, and Intel is not liable for them.
* Other names and brands may be claimed as the property of others