COMPOSITE SOFTWARE, INC. AND ITS AFFILIATES (“COMPOSITE”, “WE” OR “US”) PROVIDE THIS WEB SITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN COMPOSITE AND YOU, AND YOU ACCEPT THEM BY USING OUR SITE LOCATED AT THE URL http://WWW.COMPOSITESW.COM AND/OR ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THIS “SITE”); AND/OR ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
1. Composite Software, Inc.: Our Services to You
We are the leading independent provider of data virtualization software. We are the only company that focuses on data virtualization. This Site offers access to products, support and services downloads, including documentation downloads, a knowledge repository, and information about special events. This Site is intended for use by customers, partners and guest users. Composite customers generally have access to the entire Site.
2. Modifications to Terms
3. Restrictions On Use Of This Site And Its Content
4. Rules of User Conduct
By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates these Terms or Privacy Statement;
2. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
6. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
7. interferes with or disrupts our services or servers or networks connected to this Site;
8. intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
9. collect or stores personal data about other users; or
10. impersonates any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity.
You agree that you will not misuse or abuse account access and passwords, including, without limitation, giving access to third parties or allowing third parties to gain access to information from the Site through you. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
We may or may not elect to pre-screen, monitor or edit the content posted by users of communications services, forums, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content.
You acknowledge, consent and agree that Composite may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Composite, its customers and the public.
5. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United States and the export and import laws of the country in which you reside.
You agree to indemnify and hold Composite, and its subsidiaries, affiliates, officers, agents, licensors, 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, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
7.No Advice or Recommendations
This Site offers information, tools and resources to provide a better understanding of our products and services to customers, potential customers, partners and other affiliates. We do not provide business advice through this Site or through any services offered on this Site, including but not limited to, any return-on-investment information, white papers, etc.
While we endeavor to provide the most accurate, up to date information available, the directories and information contained in this Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the content or other information provided through this Site will be accurate or up-to-date. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on this Site without obligations. From time to time, we may make suggestions or recommendations of certain products or services. However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.
THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED BY US ON AN “AS-IS” AND “AS-AVAILBLE” BASIS. COMPOSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY WEB SITES LINKED TO THIS WEB SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS SITE, AND THE INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED ON THIS SITE.
9. Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE, ITS CONTENT, MATERIALS OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS LIMITATION WILL APPLY EVEN IF COMPOSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF COMPOSITE WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE.
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
11. Third Party Content
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
12. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Privacy Statement could subject you to criminal or civil penalties.
13. User Responsibilities, Communications, Feedback, and Submissions
We welcome your comments and feedback regarding this Site. However, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Site or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
14. Termination of Usage
We may terminate or suspend your access to all or part of this Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Site or is in violation of any applicable law or these Terms.
16. Applicable Law
This Site is controlled by us from our offices within the State of California, United States of America. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, USA, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so of their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts of San Mateo County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms may be brought by either party more than one year after the cause of action has occurred.
Composite Software is the registered trademarks of Composite Software, Inc. This trademark is proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.
Copyright 2009—Composite Software, Inc. Any rights not expressly granted herein are reserved.
19. Composite Software Inc.‘s Product Classification Numbers
Download Composite Software, Inc.‘s Product Classification Numbers
20. How to Contact Us:
Phone: (650) 227-8200
U.S. Mail: Composite Software Inc.
2655 Campus Drive, Suite 200, San Mateo, CA 94403