Limited License: Subject to the terms and conditions set forth in these Terms, PEGUS grants you a limited non-exclusive, non-transferable, revocable, license to access, use and display the Site solely for your information and personal, non-commercial use. Any other use of the Site is strictly prohibited. If Material (defined below) downloaded from our Site contains copyright or other proprietary notices, you must retain such notices on any and all copies of the Material. You may not use any data mining programs, robots or other data gathering tools in connection with the Site. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any Material for any public or commercial purpose. PEGUS expressly reserves all rights not expressly granted herein. Any unauthorized use of the Site shall immediately terminate the license granted by PEGUS under these Terms.
Intellectual Property: All elements comprising the Site, including without limitation, the trademarks, service marks, trade names, trade dress, text, site design, logos, graphics, icons and images, software, sound, code, and other content comprising the Site (collectively, the “Material”), as well as the selection, assembly and arrangement thereof, are the sole property of PEGUS or our licensors, and are protected by U.S. and international trademark and/or copyright laws. The entirety of the content in the Site is a collective work owned by PEGUS and is protected by U.S. and international copyright laws. “© PEGUS, Inc. 2013. Salt Lake City, Utah, United States. All rights reserved.” Without limiting the foregoing, “PEGUS” is a protected trademark of PEGUS.
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLICATION, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED AND MAY SUBJECT YOU TO CRIMINAL OR CIVIL PROSECUTION UNDER FEDERAL, STATE OR LOCAL LAWS.
Third-Party Sites: The Site may contain links to our affiliates and links to non-affiliated, third party websites. These links are provided solely for your convenience. If you choose to utilize any of these links, you will leave the Site. PEGUS may not have reviewed these third party websites and does not control and is not responsible for any of these websites or their content. PEGUS does not make any representations about any third party websites, or any information, software or other products or materials found on such websites. If you access any of the third party websites linked to our Site, you do so entirely at your own risk.
Linking to our Site: Any and all links to our Site must be approved in writing by PEGUS, except where:
• the link is a text-only link containing only the name “PEGUS”;
• the link is to PEGUS.com;
• when activated, the link will display a Site on the full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked third party site;
• the appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products or services are endorsed by, associated with or sponsored by PEGUS; and
• the appearance, position, and other aspects of the link does not damage or dilute the goodwill associated with the name and marks of PEGUS.
You may not use our trademarks in metatags and/or hidden text. Any use of our trademarks not consistent with these Terms will be regarded by us as trademark infringement. The framing of any Material available through our Site is strictly prohibited. PEGUS reserves the right to disable any unauthorized frames.
Use of Our Site: Your use of our Site shall be for lawful purposes only. You shall not use our Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of us or another or that violates any international, federal, state, or local law. You understand and acknowledge that we may, in our sole discretion, terminate your access to the Site, without notice, if we believe you have in any way violated these Terms.
Sharing Your Content and Information on Our Site: By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material on an anonymous basis in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us.
Disclaimer: NEITHER PEGUS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO USE OUR SITE OR ANY SITES LINKED TO OUR SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF 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. THE CONTENT PROVIDED ON OUR SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
PEGUS does not warrant the accuracy and completeness of the content on our Site. PEGUS may make changes to the Material and services on our Site at any time without notice. You acknowledge and agree that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, we do not guarantee, and shall have no liability for, any unavailability of the Site (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because we do not control the security of the Internet or other networks you use to access the Site, we are not responsible for any data lost during transmission. The Material, products and services on our Site may be out of date and we make no commitment to update the Material, products and services on our Site. Information published on our Site may refer to products, programs or services that are not available in your country. Contact us at firstname.lastname@example.org 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. You agree that any cause of action or claim that you may have relating to our Site must be made or instituted within one year of when the cause of action or claim accrued.
Indemnification: You agree to defend, indemnify, and hold PEGUS, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, violation of these Terms or infringement by you or anyone you allowed access to your account of any intellectual property or other right of any person or entity.
Changes to these Terms: PEGUS may change, revise or modify these Terms at any time by updating this posting. You should visit this posting from time to time to review the then-current Terms because your continued use of our Site after any changes to these Terms have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of any materials, features, products, prices, services, information or the Site.
Applicable Laws: Our Site is controlled, operated and administered by PEGUS from offices within the State of Utah. PEGUS makes no representation that materials on our Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Site or export the materials in violation of U.S. export laws and regulations. If you access our Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and of the State of Utah, without giving effect to its conflict of laws provisions.
Entire Agreement: These Terms constitute the entire agreement between PEGUS and you with respect to your use of our Site. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No Waiver: Company and you agree that no failure to exercise and no delay in exercising any right, power or privilege hereunder on the part of either party shall operate as a waiver of any right, power or privilege. Company and you further agree that no single or partial exercise of any right, power or privilege hereunder shall preclude its further exercise.
© PEGUS Research, Inc. 2016. Salt Lake City, Utah, United States. Tous droits réservés / All rights reserved.