Effective Date: 09/13/2012
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.
Use of Site. One Lambda authorizes you to view, print and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials downloaded or printed from the Site. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You agree that you will not disclose, republish, reproduce, or distribute any of the information displayed on or comprising this Site (the “Content”) or make any use of the Content that would allow a third party to have access to the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Modification of Terms. One Lambda may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
Use of Knowledgebase. If you desire to use the product Knowledgebase on this Site, you must complete the User Registration Form with current, accurate and complete information and then keep all registration current, accurate and complete. One Lambda will review registration forms and notify the submitter if the registration is accepted or rejected, in One Lambda’s sole discretion and for any reason. Once accepted, you will be allowed to search product articles subject to these Terms. You will be solely responsible for maintaining the confidentiality of your Login Name and Passwords and will immediately notify One Lambda of any breach in security. One Lambda and affiliate firms have devoted the utmost care to collecting and updating the information on the Knowledgebase module. However, should you become aware of errors held in the Materials, please contact our customer service department by e-mail at email@example.com.
Forbidden use. By using the Knowlegebase, the User agrees to not use the Content and Materials in any way that is prohibited or that can damage One Lambda or its partners.
It is strictly prohibited:
- to copy, share or use the Content for any purposes such as mailings, the creation of databases, etc., or use them for non-personal purposes, irrespective of the form, without prior written consent of OLI;
- to make complete or partial copies or scrape content of the databases available on the Knowledgebase, whether manually or by automated means;
- to amend any information contained on the Knowledgebase, unless expressly permitted by One Lambda to do so;
- to manipulate, interfere with, update or alter any part of the Knowledgebase or any network or system underlying or connected to the Knowledgebase, in any way whatsoever that affects its proper operation, in particular by unreasonably or disproportionally overloading the communication and/or technical systems of the Knowledgebase;
- to reverse engineer or decompile any part of the Knowledgebase or any software provided on the Knowledgebase;
- to gain unauthorized access to the User Registration Portal of the Knowledgebase;
- to place on a website any deeplinks or distribute links to compressed content and any framed links or inline links to the Knowledgebase;
- to use the Knowledgebase for any purpose that is unlawful or prohibited by these terms and conditions.
Use of Software. If you download and install any software from this Site (“Software”), use of the Software is subject to the terms of the One Lambda, Inc. Software License Agreement.
Proprietary Materials. Trademarks, logos, images, illustrations, video clips, files text and graphics used or displayed at this Site are copyrights, trademarks, and or intellectual property owned, controlled, registered or licensed by One Lambda or its affiliates or third party owners. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior written permission of One Lambda or such third party owner.
User Submissions. Other than personally identifiable information, which is covered under the One Lambda Privacy Statement, any material, information or other communication you transmit or post to this Site (“Communication”) is, and will be treated as, non-confidential and non-proprietary, and may be used by One Lambda and its affiliates for any purpose without compensation to you.
Discussion Forums. One Lambda may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to discussion forums, bulletin boards or other user forums, and the content of any such Communications. One Lambda, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. One Lambda retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
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. One Lambda has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, One Lambda does 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.
You also understand that One Lambda cannot and does not guarantee or warrant that files available for downloading through the Site are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Disclaimer. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. One Lambda further does not warrant the accuracy, currency, and completeness of the materials at this Site. One Lambda may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and One Lambda makes no commitment to update the materials at this Site. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT One Lambda INTENDS TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Consult your local One Lambda business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All orders are subject to acceptance by One Lambda. One Lambda’ obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and licensed.
Limitation of Liability. IN NO EVENT WILL One Lambda, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, 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 OR INFORMATION 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.
Indemnification. You agree to indemnify, defend and hold harmless One Lambda, its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
Miscellaneous. These Terms shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in the Commonwealth of Massachusetts. You agree that any legal action or proceeding between One Lambda and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. One Lambda’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. One Lambda may assign its rights and duties under these Terms to any party at any time without notice to you.
Copyright. One Lambda products and services—including images, text, and software downloads (the “content”)—are owned either by One Lambda, Inc. or by third parties who have granted One Lambda permission to use the content. One Lambda cannot grant you permission for content that is owned by third parties. You may only copy, modify, publish, display, or license the content if you are granted explicit permission within the End-User License Agreement (EULA) or License Terms that accompany the content by the third party. For more information, regarding the use of images on this site or our collateral material, contact firstname.lastname@example.org.