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Terms of Use

INTENDED AUDIENCE/USE:
Pervasive Trust & Privacy Technologies, LLC ("Pervasive") provides this web site ("Site") to you. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. The Terms of Use may be updated by Pervasive from time to time without notice to you. This Site and other Pervasive Web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of Pervasive' customers, employees and members of the general public who are over the age of 13, and citizens of the United States.

Pervasive will use reasonable efforts to include accurate and up-to-date information on this Site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Site and the Content thereof is at your own risk. Pervasive disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither Pervasive nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Pervasive, its officers, directors, employees, agents, suppliers and third party partners from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by (a) you of these Terms of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
ELECTRONIC COMMUNICATIONS:
When you visit any of the sites of Pervasive or send e-mails to us, you deem such correspondence as electronic communication. You consent to receive communications from us electronically, either by e-mail or by posting notices on this site. You agree that any legal requirement that all agreements, notices, disclosures and other communications that Pervasive sends to you in writing is satisfied by electronic communication.
PRIVACY POLICY:
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. It explains users' rights and responsibilities with respect to information that is disclosed on this Site. The collection and use of personally identifiable information about you by Pervasive, is subject to our Privacy Policy. This Site is intended for use by persons over the age of 13. Pervasive does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Site by users under the age of 13 years. Pervasive encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.
PRICING AND AVAILABILITY:
The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
DISPUTES:
All disputes, misunderstandings, controversies, or claims (whether in contract or tort, pursuant to regulation or statute, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) or (f) relating in any way to your visit to this Site or to products and/or services you purchase via this Site (collectively "Claims") shall be submitted in confidence to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. With exception that, to the extent that you have in any manner violated or threatened to violate intellectual property rights of Pervasive, Pervasive reserves the right to seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The nature of dispute resolution is personal, individual and provides the exclusive procedure for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Pervasive related to any Claim.
TRADEMARKS, TRADE DRESS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, trade dress, slogans and product designations found on this Site (collectively "Trademarks"). By making them available on this Site, Pervasive is not granting you a license to use them in any fashion. Pervasive' Trademarks may not be used in connection with any product or service that is not Pervasive, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Pervasive. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes Access to this Site does not confer upon you any license under any of Pervasive' or any third party's intellectual property rights. In addition, all product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Pervasive, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All other trademarks not owned by Pervasive or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pervasive or its affiliates. Please be advised that Pervasive actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
COPYRIGHTS:
The Content of this Site is subject to copyright protection. Copyright 2005- 2007 Pervasive. The contents of this Site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained and the material is not identified as Pervasive confidential or proprietary information. Thereafter the Content may not be recopied, reproduced or otherwise redistributed. Without written consents from Pervasive all other rights and/or uses, except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Pervasive, or any third party. Business partners, customers, suppliers and associates of Pervasive that, in cooperation with Pervasive, publish their own proprietary material on this Site retain full legal and copyright ownership of their respective material.
THIRD PARTY COPYRIGHTS AND THE COPY RIGHT AGENT:
Pervasive is committed to respecting the intellectual property ownership rights of others, and we require that the users of and visitors to our Sites do the same. Pervasive may, in its sole discretion, terminate the accounts or access rights of users or visitors who violate the intellectual property ownership rights of others.

If you have good reasons to believe that materials in which you have intellectual property ownership rights have been copied in a way that constitutes a copyright infringement on our Sites, please provide the following information to the Pervasive Copyright Agent, below. Please note that this procedure is exclusively for notifying Pervasive and its affiliates that your copyrighted material has been infringed.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you have good reason to believe has been infringed;
  • A description as to where the copyrighted materials you believe is infringing is located on our Site;
  • Your address, telephone number, and e-mail address so that we may contact you;
  • A certified 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized or authorized to act on behalf of the copyright owner.

Pervasive' Copyright Agent for notice of Claims of copyright infringement on our Site or for requests for additional us of materials can be reached at:

Pervasive Trust & Privacy Technologies, LLC

Copyright Agent

400 Perimeter Center Terrace N.E

Suite 900

Atlanta, GA 30346

DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. PERVASIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, CURRENCY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PERVASIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERVASIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. IN ADDITION, PERVASIVE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE
GOVERNING LAWS:
These Terms of Use Agreement and your use of the Site shall be governed by the laws of the United States of America and the State of Delaware without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
REVISIONS:
Pervasive reserves the right to modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, offered through or contained on this Site, in whole or in part, at any time without notice. You agree that Pervasive shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Pervasive may at any time revise these Web Site Terms of Use by updating this posting. Such modifications will be effective immediately upon posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
TERMINATION:
You agree that Pervasive, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Pervasive believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
GENERAL INFORMATION:
The Terms of Use constitute the entire agreement between you and Pervasive and govern your use of the Site, superseding any prior agreements between you and Pervasive relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, and participate in a Pervasive -sponsored Developer Program or service, or use or download software. If any provision of these Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Pervasive to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the united states and the state of Delaware, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Delaware, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.



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