Welcome to the Pixby Software web site (referred to as "Pixby
Software", "we", "us", or "our" herein). These Terms of Service govern
your use of the Pixby Site and the services provided through the Pixby
Site. Your acceptance of these Terms of Service, as modified from time
to time, creates a binding legal contract. Please read the following
Terms of Service carefully. By accessing this Site, you agree to be
bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site.
Pixby Software may from time to time modify or revise the Terms by
updating this Web page. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the Terms as
changed. If any change is unacceptable to you, your only recourse is to
terminate your use of the Site. If you have any questions regarding the
Terms of Service, please contact support @ pixby.com.
1. OWNERSHIP RIGHTS: This web site is owned and operated by
Pixby Software. (All Materials herein are protected under United States
and international copyright laws and are the property of Pixby Software
or its third party licensors. All rights reserved.) As used in these
Terms, "Materials" includes, but is not limited to, software, images,
text, audio and all other information, displayed, contained within, or
accessible on the Site. No Materials may be copied, reproduced,
modified, displayed, republished, uploaded, posted, transmitted, sold
or distributed in any way, except that you may download one copy of the
Materials on any single computer for your personal, non-commercial use
only, provided that you maintain in such copy all copyright and other
proprietary rights notices contained in the original Materials. No
right, title or interest in any downloaded Materials is transferred to
you as a result of any such downloading or copying. You agree not to
assist others in any unauthorized reproduction, modification, display
or distribution of the Materials. Unless expressly agreed to by Pixby
Software in writing, you may not create derivative works based on the
Site or Materials contained therein, in whole or in part. The use of
any Materials on any other Web site or networked computer environment
is prohibited.
2. IMAGES: All logos, page headers, images and graphics
displayed on this Site are service marks, trademarks, and/or trade
dress (collectively, "Marks") of Pixby Software or its third party
licensors. Except as expressly permitted herein, using, copying,
transmitting, displaying, modifying or distributing any Marks in any
form or by any means without the express written permission of Pixby
Software is prohibited and may violate the copyright, trademark,
privacy or other laws of the United States and/or other countries.
3. DOWNLOADABLE SOFTWARE: The use of any Pixby Software, or the
Software of third parties, downloaded from the Site shall be subject to
the terms and conditions of the license provided with the Software.
"Software" includes any files, images incorporated in or generated by
the software, and data accompanying the software. You may not download
any Software from this Site until you have read, and agreed to the
terms and conditions of the license provided with the Software. Without
limiting the generality of the terms contained in any such license, you
agree that you will not: (a) modify the Software (b) decompile, reverse
engineer, or disassemble the Software, (c) remove any copyright or
other proprietary rights notices from the Software; or (d) use the
Software for any commercial purpose, or any public display,
performance, sale or rental, except as expressly permitted by Pixby
Software in writing. Pixby Software retains all right, title and
interest in and to the Software, including all intellectual property
rights therein. You download Software at your own risk and assume
complete and exclusive responsibility for any and all losses, damages
and liabilities that may result from the use of Software downloaded
from the Site.
4. USER COMMENTS: We appreciate your comments, remarks,
feedback, suggestions, ideas and other submissions you disclose or
transmit to us (collectively, "Comments"). You grant Pixby Software and
its affiliates a perpetual, irrevocable, worldwide, royalty-free right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works of, distribute, publicly perform and publicly
display (in whole or in part) your Comments, your name and any related
copyrights, moral rights or other intellectual property rights.
5. USER FORUMS: Pixby Software may provide access to certain
discussion groups through this Site as a service to you. Discussion
groups, by their nature, may contain offensive, harmful, deceptive,
misleading, inaccurate or otherwise inappropriate material, and you
acknowledge and agree that Pixby Software shall not have any
responsibility for the content of any discussion group, or materials or
articles contained therein, that may be accessed on or through this
Site. You understand that Pixby Software acts as a passive conduit for,
and does not control, or attempt to control, any information, data,
text, software, music, sound, photographs, graphics, video, messages or
other materials, that you, or any other user of the Site, uploads,
posts or transmits to or through the Site (the "User Content"). Pixby
Software may, but is not obligated to, monitor or review the User
Content and retains the right to delete any User Content at any time.
You acknowledge and agree that you are solely responsible for any User
Content that you upload, post or transmit to or through the Site,
including, but not limited to, its legality, reliability, accuracy,
integrity, appropriateness and originality. In no event shall Pixby
Software have any liability related to the User Content, whether
arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. You represent and warrant to Pixby Software that you will
not upload, post or otherwise transmit any User Content to or through
the Site that infringes, misappropriates or otherwise violates any
copyright, trademark or other intellectual property right, right of
privacy, right of publicity or any other right of any entity or person;
or that is unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory pornographic, or profane, or that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law or
Pixby Software rule or policy.
You grant Pixby Software and its affiliates a perpetual,
irrevocable, worldwide, royalty-free, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display the User
Content you upload, post or transmit to the Site (in whole or in part)
and/or to incorporate it in other works in any form, media, or
technology now known or later developed. You also grant each user of
this Site the right to access, display, view, and reproduce such User
Content for personal use. You represent and warrant to Pixby Software
that you have the right to grant the licenses stated above.
You acknowledge and agree that you may not upload, post,
reproduce, or distribute any User Content on or through this Site that
is protected by copyright or other proprietary right of a third party,
without obtaining permission of the owner of such right. Any
copyrighted or other proprietary content distributed with the consent
of the owner must contain the appropriate copyright or other
proprietary rights notice. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could
subject you to personal liability or criminal prosecution.
6. LINKS TO OTHER SITES: This Site may contain links to other
web sites ("Linked Sites") as a convenience to you. Pixby Software does
not operate or control any information, products or services on the
Linked Sites, and neither endorses or approves any products, services
or information offered at Linked Sites. You acknowledge and agree that
your access or use of any Linked Site is at your own risk.
7. PRIVACY POLICY: It is our policy to respect the privacy of
individuals who visit the Site or provide Comments to us. Our privacy
policy (the "Privacy Policy"), is incorporated herein by reference. By
accepting these Terms, you expressly consent to the use and disclosure
of your personal information as described in the Privacy Policy.
8. INDEMNITY: You agree to defend, indemnify and hold Pixby
Software, its affiliates and their officers, directors, agents and
employees harmless from and against any and all claims, losses,
damages, liabilities, costs and expenses, including attorneys' fees,
arising from or related to your (a) User Content, (b) use of the Site,
or (c) violation of any of these Terms.
9. WARRANTY DISCLAIMER: THE SITE AND ALL ELEMENTS THEREOF ARE
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. Pixby SOFTWARE EXPRESSLY DISCLAIMS ALL SUCH
REPRESENTATIONS AND WARRANTIES, EITHER EXRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT. Pixby SOFTWARE DOES NOT
WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE,
UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET YOUR
REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (D)
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH
THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. LIMITATION OF LIABILITY: IN NO EVENT SHALL Pixby SOFTWARE,
ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER
THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL
OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL
THEORY, EVEN IF Pixby SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Pixby SOFTWARE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING
FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED
ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
11.GOVERNING LAW: All legal issues arising from or related to
the use of the Pixby Site or Pixby's services shall be construed in
accordance with the laws of the State of California without regard to
conflicts of law principles
12. GOVERNMENT RESTRICTED RIGHTS: The software which may be
downloaded, acquired or accessed from this Site is a "commercial item,"
as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of
"commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through
227.7201-4 (JUNE 1995), the software is provided to U.S. Government end
users with only those rights as are granted to all other end users
pursuant to the terms and conditions set forth in Pixby Software's
standard end user license agreement accompanying the software. Further,
to the extent that any "technical data," as that term is used in 48
C.F.R. 12.211, is provided in connection with any Materials or software
downloaded, acquired or accessed through the Site, the government shall
acquire only the technical data and the rights in that data customarily
provided to the public with a commercial item or process.
13. TERMINATION: You agree that Pixby Software, in its sole
discretion, may suspend or terminate its operation of the Site or your
use of the Site (or any portions thereof), and may remove and discard
any User Content, Software or Materials within the Site, for any
reason. In the event you fail to comply with the Terms, your right to
use the Site will automatically terminate. Upon any termination of the
Site, or your use of the Site, you agree to immediately and completely
destroy all copies of any Software of Materials downloaded form the
Site. You agree that Pixby Software shall not be liable to you or any
third-party for any termination of the Site, your access to the Site or
any removal of any User Content from the Site.
14. GENERAL: These Terms constitute the entire agreement
between you and Pixby Software and supercede and replace any prior
agreements, whether written or oral, between you and Pixby Software
related to the subject matter herein. The failure of Pixby Software to
exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
all other provisions of the Terms shall remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, you must file any claim or cause of action arising out of or
related to use of the Site or otherwise arising out of or related to
these Terms within one (1) year after such claim or cause of action
arose. The section titles in these Terms are for convenience only and
have no legal or contractual effect.
15. CONTACT INFO: For further information on the Terms, or the Site please contact Pixby Software at support @ pixby.com.
Copyright Statement
This site and the contents of this site, including but not
limited to, text, photographs, graphics, illustrations, video, sound,
software and other material (all such contents collectively referred to
as "Content") are protected under United States and international
copyright laws and are the property of Pixby Software or its third
party licensors. All rights reserved. Except as expressly permitted
herein, copying, distributing, transmitting, displaying, modifying, or
otherwise using any Content in any form or by any means without the
express written permission of Pixby Software is prohibited and may
violate the copyright laws of the United States and/or other countries.
You may view, copy, print, and distribute this Web site subject to the
following conditions: . (a) the site may be used for informational
purposes only; (b) the site may only be used for non-commercial,
non-profit purposes and (c) any copy of this Web site, or portion
thereof, must include the following copyright notice: Copyright 2004,
Pixby Software, All rights reserved.
Note that Pixby Software retains all right, title and interest
in and to all software, products, processes and technologies described
or made available on this Web site, and all intellectual property
Rights related thereto, and nothing shall be deemed to grant you any
ownership or other rights therein.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the United States Government
is subject to the restrictions set forth in DFARS 252.227-7013
(C)(1)(ii) and FAR 52.227-19.
