Acceptance of Terms
Restrictions on use of Content
Trademarks and Service Marks
There are a number of proprietary logos, service marks, trademarks, slogans and product designations (”Marks”) found on this Site. By making the Marks available on this Site, Arcturus is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of Arcturus or any third party’s intellectual property rights. No Arcturus trademark or service mark may be used as a hyperlink without Arcturus’ prior written permission.
The following Marks are the property of Arcturus Networks Inc. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by Arcturus Networks Inc. in a Mark.
Arcturus, Arcturus Networks, the Arcturus logo, uClinux are trademarks of Arcturus Networks Inc. Other product or service names may be the property of third parties. Marks owned by third parties include those listed below. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by the owner of a Mark.
ARM is the registered trademark of ARM Limited. ARMXXX is the trademark of ARM Limited.
Linux® is a trademark of Linus Torvalds.
DragonBall®, ColdFire®, Freescale® are Trademarks of Freescale Semiconductor, Inc.
Submission of Information
Although Arcturus provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers (”Financial Information”) that you submit to Arcturus through the Site, Arcturus does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Message Boards and Community Forums
Arcturus may add message boards, community forums, chat rooms or similar communities (each a “Community”) to the Site from time to time. Arcturus does not monitor or provide regular support for any Community. Arcturus reserves the right to modify or discontinue any Community without notice in its sole discretion. Arcturus further reserves the right (but not the obligation) in its sole discretion to pre-screen, use, delete, refuse, support or move any content submitted to a Community, including but not limited to software code, text, images, photographs, or other graphics (”Posted Material”). You are solely responsible for evaluating Posted Material appearing in any Community. If you use Posted Material, you bear all risks associated with such use. You are solely responsible for any Posted Material you submit to a Community. Arcturus assumes no responsibility whatsoever with respect to Posted Material. All Posted Material will be treated as Non-Confidential Information. Reference in any Posted Material to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement or recommendation by Arcturus. The opinions of the authors expressed in Posted Content do not necessarily state or reflect those of Arcturus, and may not be used for advertising or product endorsement purposes.
Participation in Promotions and Other Site Activities
If you choose to participate in a promotion or other Arcturus-sponsored activity (”Web site Activity”), you agree to comply with any rules or regulations governing such Web site Activity. Additionally, as a condition of your continued participation in the Web site Activity, you agree not to: 1) upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site Activity; 5) upload, post, e-mail, transmit or otherwise make available any content that 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); 6) upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; 8) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) “stalk” or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Web site Activity, and may result in additional legal actions being taken by Arcturus.
Links to Third-Party Sites
This Site may provide links to other third-party World Wide Web sites or resources. Arcturus makes no representations whatsoever about any other Web site which you may access through this Site. Because Arcturus has no control over such sites and resources, you acknowledge and agree that Arcturus is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Arcturus makes no representation or warranty as to any third party Content, products or services, and you agree that Arcturus will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
Disclaimer of Warranty
ARCTURUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ARCTURUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCTURUS WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
Limitation of Liability
ARCTURUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF ARCTURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ARCTURUS” TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.