Acceptance of Terms
Description of Services
The Site may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software that is made available to download from this Site ("Software") is the copyrighted work of Progress Software Corporation and/or its licensors (if any). You must be a registered Stylus Studio® subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the Stylus Studio® End User License Agreement ("Stylus Studio® Agreement"). Any use, reproduction or redistribution of the Software not in accordance with such Stylus Studio® Agreement is prohibited.
Limitation on Use
Unless otherwise specified in the Terms and/or the Stylus Studio® Agreement, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by PSC via email or post).
Policy on Privacy
Materials Available Pursuant to the Site
Subject to the Terms, PSC authorizes you to view and use the information and materials obtained from this Site directly or sent by PSC via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth above.
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services"). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of PSC violates community standards, will be removed and the account of the poster may, at PSC's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by PSC solely for the purpose of clarity and length.
Materials Provided to PSC or Posted at the Site
PSC does not claim ownership of the materials you may provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting PSC, its affiliated companies and necessary sublicensees a non-exclusive, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Stylus Studio® Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. PSC is under no obligation to post or use any Submission you may provide and PSC may remove any Submission at any time in its sole discretion.
Links To Other Web Sites
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE Stylus Studio® AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE Stylus Studio® AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROGRESS SOFTWARE CORPORATION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PSC does not warrant the accuracy, completeness or quality of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PSC, ITS LICENSORS (IF ANY), ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by PSC from its offices in the United States of America. PSC makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
Stylus Studio® is a registered trademark or trademark of Progress Software Corporation in the U.S. and/or other countries. The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the Commonwealth of Massachusetts.
The failure of PSC to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Restricted Rights Legend
Any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Program Product clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or successor provision(s), as applicable. Manufacturer is Progress Software Corporation, 14 Oak Park Drive, Bedford, Massachusetts, 01730.
The terms and conditions contained herein apply solely with respect to the Services, Materials, and Software available on this Site.