ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Invincea may provide you with access to download areas and product information (collectively “Services”). The Services, including any updates, enhancements, and/or new features, are subject to the TOU.
PROTECTION OF PERSONAL INFORMATION.
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Invincea and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement.
DISCLAIMER AND LIMITATION OF LIABILITY
INVINCEA IS PROVIDING THE SOFTWARE ENTIRELY “AS IS” “WHERE IS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS. NOTHING IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SERVICES, THE SOFTWARE, RESULTS OBTAINED, AND PERFORMANCE.
IN NO EVENT SHALL INVINCEA OR ITS LICENSORS HAVE ANY LIABILITY TO YOU UNDER THESE TOU FROM THE USE (OR ATTEMPTED USE) OF THE SOFTWARE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVINCEA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOST DATA, CORRUPTION AND THE LIKE), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INVINCEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PASSWORD AND SECURITY.
If any of the Services requires you to register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. 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. You agree to notify Invincea immediately of any unauthorized use of your account or any other breach of security. Invincea will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Invincea or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Invincea server, or the network(s) connected to any Invincea server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Invincea server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Invincea may terminate your access to the Services at any time, except as otherwise agreed in any separate writing between you and Invincea. Upon such termination, you must immediately discontinue use of the Services.
The validity, construction and enforceability of these TOU shall be governed in all respects by the law of the United States and the Commonwealth of Virginia (excluding UCITA as enacted in Virginia), without reference to their choice of law provisions. Any claim, cause of action or proceeding arising from these TOU or the conduct of the parties hereunder shall be commenced and maintained solely in a federal or state court of competent subject matter jurisdiction within the boundaries of the United States District Court for the Eastern District of Virginia, and you irrevocably consent to personal jurisdiction and venue in any such court.
Should you have any questions concerning these TOU, you may contact Invincea at firstname.lastname@example.org or the following address: Invincea, Inc., 3975 University Drive, Suite 330, Fairfax, VA 22030.