Intellectual Property Rights
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by FOG Software or by their respective subsidiary companies, third-party manufacturers, authors, developers and vendors ("Third Party Providers") and are protected by applicable laws. All copyright, trademark, and other rights in the Web Site and materials as well as all services relating thereto, are reserved to FOG Software, its wholly owned subsidiaries and/or its Third-Party Providers.
Use of Web Site Content
You may display, copy, distribute and download FOG Software's Materials on this Web Site provided that: (1) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any publicly networked computer, broadcast in any media, or used for commercial gain; and (2) the Materials are not modified in any way. Except as expressly provided in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of FOG Software or the Third-Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without FOG Software's prior express written permission.
This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to Third Party Sites
As a convenience to you and without endorsement, the Web Site contains links to web sites controlled by third parties. Such linked, third-party sites are not under the control of FOG Software and FOG Software is not responsible for the content of any linked site or any link contained in a linked site. FOG Software reserves the right to terminate any link at any time. You agree to assume all the risk of your use of any linked site. FOG SOFTWARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
Access to Password Protected or Secured Areas
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
All information specified and materials posted in a Secured Website by FOG Software are CONFIDENTIAL and PROPRIETARY to FOG Software and its licensors and shall only be used in connection with (i) the use of FOG Software software; and (ii) informational communications with other FOG Software customers, partners or suppliers. Use of such CONFIDENTIAL and PROPRIETARY information and materials for any other purpose is strictly prohibited.
If you violate your obligations under this section, you may be subject to prosecution.
You agree to indemnify, defend and hold harmless FOG Software and its affiliates and their respective officers, employees, shareholders, directors, agents, vendors, contractors, and business partners from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
Warranties and Disclaimers
FOG Software assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. FOG Software is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
IN NO EVENT SHALL FOG SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF FOG SOFTWARE GROUP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
The Web Site is controlled by FOG Software from its offices in Deerfield, Illinois, United States of America. All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of Illinois. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in Lake County, Illinois if in state court and in the Northern District of Illinois if in Federal Court.
You may not access, download, use or export the site materials, products or services contained on the Web Site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.