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Terms of Use

Welcome to the website for Enodo Software (the “Site”), which is owned and operated by Enodo Software, Inc. (“Enodo”). By accessing, browsing or using our Site, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the Site. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR SITE.

Enodo may, without notice to you, at any time amend these Terms and any other information contained on this Site. The latest Terms will be posted on our Site, and you should review the Terms prior to using the Site. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.

OWNERSHIP OF CONTENT

All content on this Site (including text, graphics, logos, icons, images, downloadable content and video clips) is the exclusive property of Enodo or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Enodo and is also protected by U.S. and international copyright laws. The content on this Site may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

Enodo Software and Enodo’s various logos used or displayed on the Site and Services are trademarks or service marks (“Marks”) of Enodo Software or its third party licensors. You are not permitted to use any such Marks displayed on the Site, metatags or any other “hidden text” utilizing Marks of Enodo and its licensors, without prior written permission of Enodo or such third party who may own the Mark.

Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree that any content you, as a user, may submit via the Site may become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Enodo which may be shared with Enodo on a “need to know” basis. Enodo is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Enodo an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your content) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.

Enodo is under no obligation to use the contributed content and may remove any such content at any time at its sole discretion. Enodo reserves the right to terminate your access to the Site at any time, without notice, for any reason whatsoever.

CERTAIN LIMITATIONS ON USE

You agree not to upload, post or otherwise transmit via the Site any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.

You also agree not to use the Site to: (i) impersonate an employee or a representative of Enodo, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Site or any other system or networks connected to the Site or any other services offered through the Site, and/or other accounts not belonging to you, or violate security of any portion of the Site, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Site through any means; (vi) attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or to restrict or inhibit any other user from accessing or using the Site, by means of hacking or defacing any portion of the Site; (vii) use the Site to violate any applicable local, state, national or international law.

Enodo reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Site.

PRIVACY

Your use of this Site and any software service available from us is further subject to our privacy policy, available at www.enodosoftware.com/company/privacy_policy. Our privacy policy, as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference.

SPECIAL TERMS APPLICABLE TO SERVICES

Specific terms and conditions apply to your purchase of software services from Enodo and to specific portions or features of the Site. Enodo’s obligations with regards to its services offered on the Site are governed solely by such terms and conditions and nothing contained on the Site or in these Terms shall be construed to alter services specific terms and conditions.

LINKING TO THE SITE

You may link to the Site by using a text link and linking to the Site homepage. Linking directly to any other webpage or content within the Site is prohibited without Enodo’s prior written permission, which may be revoked at any time. Enodo only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the Site content; (ii) frame or create any other border around the Site content or any pages on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (iii) misrepresent your relationship with Enodo or otherwise create a false affiliation, connection or association with Enodo; (iv) imply that Enodo approves or endorses you, your Site, or your services or product offerings; (v) present false or misleading impression about Enodo or otherwise damage the goodwill associated with the Enodo name or trademarks; (v) use Enodo trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize Enodo name, trademarks, service marks, colors, logos or any other brand features of Enodo, nor your relationship with Enodo for purposes of or in any manner which intentionally gives rise to advertising or publicity without Enodo prior written permission. Enodo reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other Site reached by links to or from the Site.

THIRD PARTY CONTENT

Certain content, products, and services may be available via the Site and may include materials from third parties. In addition, Enodo may provide links to certain third-party websites. You acknowledge and agree that Enodo is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because Enodo has no control over such sites and resources, you acknowledge and agree that Enodo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Enodo is not in any way responsible for any such use by you.

GENERAL DISCLAIMERS AND LIMITATIONS OF LIABILITY

THIS SITE IS PROVIDED BY ENODO ON AN "AS IS" BASIS. ENODO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN THESE TERMS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENODO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Although we have attempted to provide accurate information on this Site, Enodo assumes no responsibility for the accuracy or completeness of the information. We may change the programs or products mentioned on this Site at any time without notice, but make no commitment to update the programs or products mentioned on this Site in any respect. Mention of non-Enodo products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ENODO WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ENODO MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL

This Agreement shall be governed by Washington law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington. In the event of any violations of the Terms, Enodo reserves the right to disable your access to the Site and seek all remedies available by law and in equity.

Last updated November 26, 2011