Terms of Use

Website Terms of Use

General

Please read these terms of use (the “Terms”) carefully before using the websites of IntelCap.us and its subsidiaries (collectively “IntelCap.us”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that IntelCap.us may make available through the websites (collectively, “Materials”) and any services that IntelCap.us may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “IntelCap.us Websites.”

IntelCap.us reserves the right to modify these Terms, or change or remove features of IntelCap.us Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on IntelCap.us Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of IntelCap.us Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the IntelCap.us Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the IntelCap.us Websites, constitute the entire and exclusive and final statement of the agreement between you and IntelCap.us with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and IntelCap.us with respect to such subject matter. These Terms and the relationship between you and IntelCap.us shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the IntelCap.us Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of IntelCap.us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of IntelCap.us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the IntelCap.us Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or IntelCap.us. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IntelCap.us without restriction.

Use of Software

To the extent that IntelCap.us provides for the download of proprietary IntelCap.us software or open source software from IntelCap.us’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either IntelCap.us or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

IntelCap.us reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of IntelCap.us will be collectively referred to as “IntelCap.us Marks.

No employee or other representative of IntelCap.us is authorized to grant permission to use IntelCap.us Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to IntelCap.us Marks by a IntelCap.us employee in the absence of a formal written agreement cannot be relied upon.

The IntelCap.us Marks are highly valued intellectual property, and therefore IntelCap.us will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to IntelCap.us Marks or which are likely to cause confusion with IntelCap.us Marks.

If a formal written agreement licenses one or more of the IntelCap.us Marks, unless the agreement provides other authorization, the use will be in accordance with such written agreement.

IntelCap.us does not object to the use of the IntelCap.us Marks (other than logos) to refer specifically to the products of IntelCap.us.  However, a purely referential use or nominative fair use of the IntelCap.us Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered IntelCap.us Marks should be designated by the symbol “®”, while unregistered IntelCap.us Marks should be identified by a “™” designation.  The IntelCap.us Marks must be used as adjectives, rather than as nouns or verbs.

Linking To IntelCap.us Websites

Linking to the IntelCap.us Websites (including an internal or subsidiary page of any website comprising a part of the IntelCap.us Websites) must be approved in writing by IntelCap.us, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

  1. does not utilize content of a IntelCap.us Website;
    does not utilize a IntelCap.us logo;
    3.      does not use framing of a IntelCap.us Website;
    4.      does not misrepresent an affiliation or other relationship with IntelCap.us;
    5.      does not misrepresent any possible endorsement by IntelCap.us;
    6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
    7.      is promptly modified to delete the hyperlink upon request by IntelCap.us.

Copyright

Except where otherwise specified, the contents of the IntelCap.us Websites are subject to copyright. Copyright © 2014-2015 IntelCap.us All rights reserved.

The contents of the IntelCap.us Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the IntelCap.us Websites, except as necessary to view the IntelCap.us Websites.

Please direct any questions or comments to legal@IntelCap.us

Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.

You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.

Links to Third Party Sites

Links on the IntelCap.us Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the IntelCap.us Websites. IntelCap.us does not endorse or make any representations about such third party websites, and IntelCap.us is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. IntelCap.us does not control those websites, and IntelCap.us is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

IntelCap.us protects its technology vigilantly and permits others to use it by virtue of license agreements.  The use or distribution of IntelCap.us software without permission from IntelCap.us is software piracy.  IntelCap.us distributes and sells its product through a channel network of distributors and resellers worldwide.  IntelCap.us does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators.  If you are contemplating or have obtained IntelCap.us software through one of these avenues, you likely will find yourself with pirated software.  Please contact IntelCap.us here for assistance with your own or another’s unauthorized use of IntelCap.us software.

IntelCap.us also understands that some customers may have challenges with managing their software licenses.  In these instances, IntelCap.us’s License Compliance team may assist by reviewing deployment records and reconciling them with IntelCap.us’s internal entitlement records.  The goal of this program is to educate IntelCap.us’s customers on the terms of their licenses with IntelCap.us and to bring the entitlement records in line with usage.  Please contact IntelCap.us’s License Compliance team with questions or issues about your company’s usage at licensecompliance@IntelCap.us.com.

Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.

Indemnification

You agree to indemnify, defend and hold harmless IntelCap.us, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the IntelCap.us Websites or violation of these Terms. IntelCap.us reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with IntelCap.us’s defense of such claim, and in no event may you agree to any settlement affecting IntelCap.us without IntelCap.us’s written consent.

Electronic Communications

When you visit the IntelCap.us Websites or send e-mails to IntelCap.us, you are communicating with IntelCap.us electronically. We may respond to you by e-mail or by posting notices on the IntelCap.us Websites. You agree that all such notices, disclosures and other communications that IntelCap.us provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All IntelCap.us products and publications are commercial in nature. The software, publications and software documentation available on the IntelCap.us Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, IntelCap.us’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Disclaimers

Information on the IntelCap.us Websites is not promised or guaranteed to be correct, current or complete, and the IntelCap.us Websites may contain technical inaccuracies or typographical errors. IntelCap.us assumes no responsibility (and expressly disclaims responsibility) for updating the IntelCap.us Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the IntelCap.us Websites. IntelCap.us provides no assurances that any reported problems will be resolved by IntelCap.us, even if IntelCap.us elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE INTELCAP.US WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. INTELCAP.US EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTELCAP.US MAKES NO WARRANTY THAT THE INTELCAP.US WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE INTELCAP.US WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL INTELCAP.US BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE INTELCAP.US WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF INTELCAP.US HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Further Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that IntelCap.us may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IntelCap.us’s liability shall be the minimum permitted under such applicable law.

  Terms of use

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use;
all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained within this site are protected by applicable copyright and trademark law.

Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.

You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.

Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.