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BACKWEB CORPORATION TERMS OF USE

This website is offered by BackWeb Technologies, Inc. (“BackWeb”) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein. Your use of this website constitutes your agreement to all of the following terms and conditions.

SINGLE COPY LICENSE

The materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. You may download one copy of the information or software (“Materials”) on this website on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by BackWeb in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except any only to the extent permitted under applicable law; (c) remove any copyright or other proprietary notices from the Materials, or (d) transfer the Materials to any other person. You agree to prevent any unauthorized copying of the Materials.

LIMITATION OF LIABILITY

Information provided on this website is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and noninfringement. BackWeb uses reasonable efforts to include accurate and timely information on this website and periodically updates the information without notice. However, BackWeb makes no warranties or representations as to the accuracy or completeness of such information, and BackWeb assumes no liability or responsibility for errors or omissions in the content of this website. Your use of this website is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall BackWeb be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this website.

LINKS TO THIRD-PARTY WEBSITES

This website may contain links to websites operated by parties other than BackWeb. Such links are provided for your convenience and reference only. The linked sites are not under the control of BackWeb, and BackWeb is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by BackWeb.

APPLICABLE LAWS

BackWeb controls this website from its headquarters in San Jose, California, United States of America. It can be accessed from all fifty states as well as from countries around the world. While each of these places may have laws that differ from those of California, you and BackWeb agree that the laws of the state of California, without regard to the conflicts of laws and provisions thereof, shall apply to all matters relating to the use of this website. You and BackWeb also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. BackWeb makes no representation that the Materials on this website conform to your local laws, and if you are accessing this website from a location outside California, you alone are responsible for compliance with your local laws.

EXPORT

You agree that you will not directly or indirectly, export, re-export, or knowingly permit the export or re-export of the Materials to any country to which the United States has embargoed goods, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, or to any country for which the United States Export Administration Act, or any similar United States law or regulation, requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By viewing, using, downloading or installing any Materials available on or through this website, you agree to abide by this Export provision.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Materials are provided with “Restricted Rights”. Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or their successors. Use of the Materials by the Government constitutes acknowledgement of BackWeb’s proprietary rights in the Materials.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you agree that you will not use this website or the Materials contained herein for any purpose that is unlawful or prohibited by these terms and conditions.

NO BUSINESS RELATIONSHIP CREATED BY YOUR USE

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BackWeb as a result of your use of this website.
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable-and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
BackWeb reserves the right to change these terms and conditions without notice at any time. Any and all rights not expressly granted herein are reserved by BackWeb.

TRADEMARKS

BackWeb and Polite are registered trademarks, and Offline Access Server is a trademark of BackWeb Technologies, Inc. All other trademarks or trade names appearing elsewhere on this website are the property of their respective owners.

COPYRIGHT

All contents of this web site are Copyright 1996-2018 by BackWeb Technologies, Inc. All rights reserved. You may not reproduce, copy or redistribute the design or layout of the BackWeb website or individual elements of the website design without the express written permission of BackWeb.