Usage Agreement

ACCEPTANCE OF TERMS
Finite Matters Ltd. (“FML”) makes available for your use on this Web site (the “Site”) information, documents, software and products (collectively, the “Materials”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Usage Agreement”). By accessing this Site, you agree to the Usage Agreement. FML reserves the right to change the Usage Agreement from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Usage Agreement posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Usage Agreement. All such guidelines or rules are hereby incorporated by reference into the Usage Agreement. If you breach any of the Usage Agreement, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, FML and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of FML.

Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of FML and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:

  1. The documents and information may be used solely for personal, informational, non-commercial purposes.
  2. The documents and information may not be modified or altered in any way.
  3. You may not remove any copyright or other proprietary notices contained in the documents and information.
  4. FML reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from FML.
  5. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FML, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FML MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FML MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND FML MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

FML ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL FML OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FML OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USAGE AGREEMENT.

This Site contains links to third-party Web sites that are not under the control of FML. FML makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-FML Web site, you do so at your own risk and FML is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. FML provides these links merely as a convenience and the inclusion of such links does not imply that FML endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to FML products, services, and programs that have not been announced in your country. These references do not imply that FML intends to announce such products, services or programs in your country.

CONFIDENTIAL INFORMATION; PRIVACY
Please note that, with the exception of credit card numbers, FML does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to FML will be deemed NOT to be confidential. By sending FML any non-personal information or material, you grant FML an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FML is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. To learn more about how FML protects your personal information, such as your name and address, please refer to the FML Web Site Privacy
policy.

PROHIBITED COMMUNICATIONS
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of FML software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, FML software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading an FML software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All FML products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY
You agree to indemnify and hold FML, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Usage Agreement, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by FML from its offices within the Commonwealth of Virginia, United States of America. By accessing this Site, you and FML agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles thereof. You and FML also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Goochland County and the United States District Court for the Eastern District of Virginia, Richmond Division, with respect to such matters. FML makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

PATENT INFORMATION
PatternStream is Patent Pending.

TRADEMARK INFORMATION
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of FML or other third parties. You are not permitted to use the Marks without the prior written consent of FML or such third party which may own the Marks. PatternStream and the PatternStream logo are trademarks of FML.

For a current list of FML's Marks, as well as certain third party Marks, please refer to the Trademark Information.

For further information on Intellectual Property matters contact FML:

Intellectual Property Matters
Finite Matters Ltd.
2604 Fairground Road
Goochland, Virginia 23063
804-556-6631 Tel
804-556-3828 Fax

Copyright © 1998 - 2007 Finite Matters Ltd. All rights reserved.
PatternStream is Patent Number 6,282,539.

Usage agreement Web site privacy Trademark information