Terms of Use

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Terms of Use 2016-10-12T20:02:27+00:00

YOUR USE OF FLEXRADIO SYSTEMS (“FLEXRADIO”) WEB SITE (THE “SITE”) IS SUBJECT TO YOU AGREEING TO THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, TO FLEXRADIO’S USE OF YOUR INFORMATION AS SET FORTH HEREIN .  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE SITE.

Defined Terms.  On the site you may have access to a variety of resources and content which may include: (a) publicly available content; web pages; audio, video, and documents including, but not limited to, press releases, white papers, video demonstrations, product data sheets (collectively “Materials“); (b) software updates and applications for existing FlexRadio customers (“Software”); and (c), if applicable, forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other related services (“Community Services“).  Materials, Software, and Community Services available on the Site are hereby collectively referred to as “Content” provided that Posted Information (as defined below) shall not be deemed by Content.

Reservation of Rights.  The Site and Content are the intellectual property and copyrighted work of FlexRadio or third-party authors.  All rights not expressly granted with respect to the Site and Content are hereby reserved.    FlexRadio may modify or cease providing the Site or any Content on the Site at any time in FlexRadio’s sole discretion.

Terms Applicable to Specific Content and Areas of the Site.  Some areas of the Site and some Content may have additional terms and conditions or license agreements that apply to your access or use of that area of the Site or Content (“Content Specific Terms”).  You agree to comply fully with the Terms of Use and, if applicable, the Content Specific Terms.  If there is a conflict or inconsistency between the Terms of Use and the Content Specific Terms, the Content Specific Terms will take precedence over the Terms of Use.  For purposes other than in this Section, the term Terms of Use shall include the Content Specific Terms.

Registered Materials and License.  On the publicly-available portion of the Site, FlexRadio has made certain Materials (“Registered Materials”) available to you subject to you providing FlexRadio registration information including your name, title, company, email, and telephone contact number (“Registration Information”).  You agree that you will provide accurate Registration Information.  You hereby consent to FlexRadio using your Registration Information to contact you about FlexRadio’s products and services, including contacting you by email and telephone.  You may opt out of such contact by not completing the registration process. You may download, store, display on your computer, view, listen to, play and print the Registered Materials subject to the following: (a) the Registered Materials may be used solely for your informational purposes; and (b) the Registered Materials may not be modified or altered in any way.  All copyright and other proprietary notices on the Registered Materials must be retained on any copies of the Registered Materials.

Security and Means of Accessing the Site and Content.  You agree not to access and not to use the Site in any manner that could damage, disable, overburden, or impair any FlexRadio computer systems or networks.  You agree not to attempt to gain unauthorized access to any parts of the Site or to any FlexRadio computer systems or networks.  You agree not to interfere or attempt to interfere with the proper working of the Site or any FlexRadio computer systems or networks.  You agree not to use any robot, spider, scraper or other automated means to access the Site or any FlexRadio computer systems or networks without FlexRadio ‘s express written permission.

No Prohibited or Unlawful Use.  You agree to use this Site and the Content only in accordance with these Terms of Use and applicable law.

Indemnity.  You agree to indemnify and to hold harmless FlexRadio, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of the Terms of Use or your violation or infringement of any FlexRadio or third party rights in the Content.

Termination of Your Use.  FlexRadio may, in its sole discretion, at any time discontinue or limit your access to, any or all of the Site or Content.  You agree that FlexRadio shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content.

Disclaimers.  To the extent that the Site provides links to third party web sites or access to any third party content, products and/or services (“Third Party Sites and Content”), FlexRadio is not responsible for such Third Party Sites and Content.  You bear all risks associated with the access and/or use of such Third Party Sites and Content.  THE SITE, CONTENT, AND ANY THIRD PARTY SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FLEXRADIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SITE, THE CONTENT, AND ANY THIRD PARTY SITES AND CONTENT.  THE USE OF THE SITE, THE CONTENT, AND ANY THIRD PARTY SITES AND CONTENT IS AT YOUR OWN RISK.

Limitation of Liability.  IN NO EVENT SHALL FLEXRADIO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, ANY CONTENT, OR ANY THIRD PARTY SITES AND CONTENT.

Privacy Policy.  FlexRadio has a privacy policy that is hereby deemed incorporated.  For more information, please click here.

Note About Minors.  Minors are not eligible to use the Site.

Use of Software.  Your use of Software is subject to the applicable agreement between you and FlexRadio such as a license agreement or user agreement that you have executed, or agreed to, with FlexRadio or that accompanies or is included with the Software.

Use of Support.  Your use of the Support Services on the website is subject to support agreement that you have executed with FlexRadio.  Any information that you view on the website related to the Support Services including, without limitation, information concerning other FlexRadio customers’ support incidents using FlexRadio Software or services shall be deemed to be FlexRadio’s Confidential Information; is provided to you for your informational use only; and may not be distributed or disclosed by you to any third party.

Use of Community Services.  If available, Community Services are to be provided solely as a convenience to you and FlexRadio is not obligated to provide any technical support for Community Services.  While Community Services may include information regarding FlexRadio products and services, including information from FlexRadio employees, the Community Services are not an official customer support channel for FlexRadio.  You may use Community Services subject to the following: (a) Community Services may be used solely for your informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by FlexRadio.

Posted Information.  You agree that you will only upload, share, post, publish, transmit, or otherwise make available on the Community (“Share“) information or content (“Posted Information”) that you have the right and authority to Share and for which you have the right and authority to grant to FlexRadio all of the licenses and rights set forth herein.  FlexRadio does not want to receive confidential information from you through or in connection with the Community.  Notwithstanding anything that you may note or state in connection with Posted Information, such Posted Information shall not be considered confidential information and shall be received and treated by FlexRadio on a non-confidential and unrestricted basis.

You hereby grant FlexRadio a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Posted Information for any purpose and in any form, medium, or technology now known or later developed.  This includes, without limitation, the right to incorporate or implement the Posted Information into any FlexRadio product or service, and to display, market, sublicense and distribute the Posted Information as incorporated or embedded in any product or service distributed or offered by FlexRadio without compensation to you.  You warrant that: (a) you have the right and authority to grant this license; (b) FlexRadio ‘s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Posted Information have been waived to the full extent allowed by law.

You agree that you will not Share any Posted Information that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another’s privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.  FlexRadio has no obligation to monitor the Community or the Posted Information.  FlexRadio reserves the right to review the Community and Posted Information, to monitor all use of and activity on the Community, and to remove or choose not to make available on or through the Community any Posted Information in its sole discretion.

Confidential Information.  FlexRadio considers Content provided by FlexRadio to you through the Community to be FlexRadio’s, or FlexRadio’s third party providers’, confidential information (“FlexRadio Confidential Information”).  You agree that you will (i) hold in confidence and not disclose to any third party any FlexRadio Confidential Information, except as approved in writing by FlexRadio; (ii) protect FlexRadio Confidential Information with at least the same degree of care that you use to protect your own confidential information, but in no case, less than reasonable care; (iii) use FlexRadio Confidential Information solely to evaluate the FlexRadio products or services or to enhance your use of FlexRadio’s products or services; (iv) limit access to FlexRadio Confidential Information to those of your employees or authorized representatives having a need to know who are bound by confidentiality obligations at least as restrictive as those contained herein; and (v) immediately notify FlexRadio upon discovery of any loss or unauthorized disclosure of  FlexRadio Confidential Information.  You have no obligations with respect to any portion of FlexRadio Confidential Information if you can demonstrate with competent evidence that such portion (i) is marked by FlexRadio as “For Public Distribution”, (ii) was in the public domain at the time it was communicated to you by FlexRadio or subsequently enters the public domain through no fault of your own; or (iii) was in your possession free of any obligation of confidentiality prior to the time it was communicated to you by FlexRadio or is subsequently rightfully communicated to you by a third party free of any obligation of confidentiality.  Upon written request of FlexRadio, you will (i) cease any use of FlexRadio Confidential Information; and (ii) destroy or promptly return to FlexRadio all documents and other tangible materials containing any portion of, or summarizing, FlexRadio Confidential Information and all copies thereof.

Governing Law and Venue.  These Terms of Use and performance by the parties hereunder shall be construed in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of laws provisions thereof.  Any action or proceeding arising from or relating to these Terms of Use must be brought in a federal or state court in Travis County, Texas.  You and FlexRadio consent to the exclusive jurisdiction of, and venue in, the state and federal courts within Travis County, Texas.  Notwithstanding the foregoing, FlexRadio may seek injunctive or other equitable relief to protect FlexRadio’s intellectual property rights in any court of competent jurisdiction.

Export.  You acknowledge and agree that the Content available on the Site may be subject to restrictions and controls imposed by the United States Export Administration Act and the regulations thereunder.    You represent and warrant that (a) you will not export or provide Content into any country or to any individual in violation of such restrictions or controls, or any other applicable export laws, rules or regulations and (b) you are not named on any U.S.  government list of persons or entities prohibited from receiving exports.

Severability and Waiver.  If any provision of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Use shall remain in effect and enforceable in accordance with their terms.

Assignment. FlexRadio may assign these Terms of Use and your consent to be contacted at any time including to any successor in interest by way of merger, stock purchase or acquisition of all or substantially all of FlexRadio’s business or assets to which these Terms of Use relate.  Subject to the foregoing provisions of this Section, these Terms of Use shall be binding on and inure to the benefit of the parties’ successors and assigns.

Entire Agreement and Modifications to Terms.  These Terms of Use are the entire statement of the terms that govern your use of the Site.  FLEXRADIO MAY MAKE CHANGES TO THESE TERMS OF USE FROM TIME TO TIME IN FLEXRADIO’S SOLE DISCRETION.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE OR CONTENT AFTER FLEXRADIO POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS OF USE.