For use of ISigTech online services
Acceptance of terms
Innovative Signals Technology, LLC ("ISigTech") makes this
Web site (the "Site"), including all information, documents,
communications, files, text, graphics, software, and products available
through the Site (collectively, the "Materials") and all services operated
by ISigTech and third parties through the Site (collectively, the
"Services"), available for your use subject to the terms and conditions
set forth in this document and any changes to this document that ISigTech
may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including,
without limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are bound by the
Terms of Use.
ISigTech reserves the right to change the Terms of Use and
other guidelines or rules posted on the Site from time to time at its sole
discretion, and will provide notice of material changes on the home page
of the Site. Your continued use of the Site, or any Materials or Services
accessible through it, after such notice has been posted constitutes your
acceptance of the changes. Your use of the Site will be subject to the
most current version of the Terms of Use, rules, and guidelines posted on
the Site at the time of such use. You should periodically check the "Terms
of Use" link on the Site's home page to view the then-current terms. If
you breach any of the Terms of Use, your authorization to use this Site
automatically terminates, and any Materials downloaded or printed from the
Site in violation of the Terms of Use must be immediately destroyed.
Defined terms
All other user-supplied information, materials, files,
communications, and documents, are referred to collectively as "User
Content." "ISigTech Content" means all Materials provided by ISigTech.
User Content and ISigTech Content may have different restrictions and
conditions associated with them.
Types of users
Please be aware that certain activities on this Site are
available only to persons who are covered under a paid contract with
ISigTech ("Clients") and persons invited by Clients to participate in such
activities.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their
selection and arrangement, are protected by copyright, trademark, patent,
and/or other intellectual property laws, and any unauthorized use of the
Materials or Services at this Site may violate such laws and the Terms of
Use. Except as expressly provided herein, ISigTech and its suppliers do
not grant any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit, modify, rent,
lease, loan, sell, assign, distribute, license, sublicense, reverse
engineer, or create derivative works based on the Site, its Materials, or
its Services or their selection and arrangement, except as expressly
authorized herein. In addition, you agree not to use any data mining,
robots, or similar data gathering and extraction methods in connection
with the Site.
Use of Services. When using Services on
this Site that are offered by ISigTech, you shall be subject to any posted
guidelines, rules, or licenses applicable to such Services and to the
Terms of Use. Such guidelines, rules, or licenses may contain terms and
conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by
ISigTech, this Site also makes available materials, information, and
services provided by third parties (collectively, the "Third-Party
Services"). The Third-Party Services are governed by separate license
agreements that accompany such services. ISigTech offers no guarantees and
assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from
incompatibility between the Third-Party Services and the Materials and
Services offered by ISigTech. You agree that you will not hold ISigTech
responsible or liable with respect to the Third-Party Services or seek to
do so.
Use of software. The software and
accompanying documentation that is made available to download from this
Site is the copyrighted and/or patented work of ISigTech and/or its
suppliers. Use of the software is governed by the terms of the license
agreement that accompanies or is included with such software. Such terms
are available for review and are incorporated herein by this reference.
You will not be able to download or install any software that is
accompanied by or includes a license agreement unless you agree to the
terms of such license agreement. If you do not agree to such terms, you
will not be able to use the software. Absent a license agreement that
accompanies the software, use of the software will be governed by the
Terms of Use. You agree that you will not decompile, reverse engineer, or
otherwise attempt to discover the source code of the software available on
the Site.
Use of ISigTech Content and User Content.
Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the ISigTech Content and User Content available on
this Site subject to the following conditions:
- The ISigTech Content and User Content may be used solely for
personal, informational, and internal purposes.
- The ISigTech Content and User Content may not be modified or altered
in any way.
- The ISigTech Content and User Content on the Site may not be
distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices
contained in the ISigTech Content and User Content.
- ISigTech reserves the right to revoke the authorization to view,
download, and print the ISigTech Content and User Content available on
this Site at any time, and any such use shall be discontinued
immediately upon notice from ISigTech.
- The rights granted to you constitute a license and not a transfer of
title.
The rights specified above to view, download, and print
the ISigTech Content and User Content available on this Site are not
applicable to the design or layout of this Site. Elements of this Site are
protected by trade dress and other laws and may not be copied or imitated
in whole or in part.
Trademark information
The trademarks, logos, and service marks ("Marks")
displayed on this Site are the property of ISigTech or other third
parties. You are not permitted to use the Marks without the prior written
consent of ISigTech or such third party that may own the Marks. ISigTech
and the ISigTech logo are trademarks of Innovative Signals Technology,
LLC.
For a current list of ISigTech's Marks, as well as certain
third-party Marks, please refer to trademark information.
License to ISigTech for User Content
Certain Services offered through this Site accommodate or
require User Content. Depending upon the nature of the Service, by
submitting User Content to this Site, you grant ISigTech one of the
following types of licenses:
- For User Content that is the result of your creative efforts and
which is intended to be displayed on the Site, such as examples of work
you have done using ISigTech products, you grant ISigTech a worldwide,
royalty-free, non-exclusive license to modify (for purposes of
formatting, maintenance, or Site administration only) and reproduce such
User Content. You also grant ISigTech the right to distribute and
publicly display and perform such User Content for the purpose for which
such User Content was submitted to the Site. This license will be in
effect until such User Content is removed from the Site. If you submit
User Content to the Design Review service, you acknowledge that such
content may be modified and annotated, and ISigTech may display the User
Content together with such modifications and annotations solely for
purposes of the Design Review service. You acknowledge and agree that
any User Content you submit to ISigTech Studio Exchange, such as actions
or extensions, may be downloaded, modified, reproduced, and distributed
by users of this Site.
- For User Content such as comments to the ISigTech User to User
Forums, bug reports, piracy reports, or product suggestions, you grant
ISigTech and the users of this Site an unrestricted, worldwide,
irrevocable license to use, reproduce, display, perform, modify,
transmit, and distribute such User Content, and you also agree that
ISigTech is free to use any ideas, concepts, know-how, or techniques
that you send us for any purpose without any compensation to you.
However, we will not release your name or otherwise publicize the fact
that you submitted such User Content to us unless: (a) you grant us
permission to do so; (b) we first notify you that the User Content you
submit to a particular part of the Site will be published or otherwise
used with your name on it; (c) we have a good faith belief that we are
required to do so by law and/or in response to a subpoena or court
order; or (d) we believe it necessary in order to protect the rights of
ISigTech or others.
Prohibited communications
You may submit only User Content to the Site that is (a)
owned by you, (b) submitted with the express permission of the owner or
within the scope of the license to such content, or (c) in the public
domain. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that
would violate any law or the rights of others, including, without
limitation, laws against copyright infringement, and rights of privacy and
publicity. Violation of these restrictions may result in denial of or
limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials
available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any
viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service,
or system without authorization from ISigTech;
- not to access or attempt to access any Design Content which you are
not authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or accessible
through the Site or any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, ISigTech
reserves the right, in its sole discretion, to delete or remove User
Content from the Site and to restrict, suspend, or terminate your access
to all or part of this Site, at any time if we have cause to do so
(including, without limitation, our good faith belief that you have
violated the Terms of Use) without prior notice or liability. In addition,
ISigTech reserves the right to delete or remove Design Content if the
relevant subscription has expired or lapsed or if ISigTech has a good
faith belief that the user posting such Design Content has violated these
Terms of Use, or any law or regulation, or that such deletion or removal
is necessary to comply with the law or to protect the rights of ISigTech
or others.
ISigTech may, but is not obligated to, monitor or review
(i) any areas on the Site where users transmit or post User Content,
including but not limited to areas where Services are available, or chat
rooms, bulletin boards, or other user forums; and (ii) the substance of
any User Content.
To the maximum extent permitted by law, ISigTech will have
no liability related to User Content under the laws of copyright, libel,
privacy, obscenity, or otherwise. ISigTech also disclaims all liability
with respect to the misuse, loss, modification, or unavailability of any
User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of
your account number, account name, and/or password, if applicable. You are
responsible for damages resulting from all uses of your account number,
account name, and/or password, whether actually or expressly authorized by
you, unless access to your account number, account name, and/or password
was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN YOU AND ISIGTECH OR YOU AND A THIRD PARTY WITH RESPECT
TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND
SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, ISigTech MAKES NO WARRANTY THAT (i) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES,
OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. ISIGTECH MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND ISigTech MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) ISIGTECH DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS
ON THE SITE; (ii) ISIGTECH MAKES NO REPRESENTATION OR WARRANTIES
WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR
SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT
YOUR OWN RISK; AND (iv) ISigTech SHALL NOT BE LIABLE OR RESPONSIBLE FOR
ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF
ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. ISigTech ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR
IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ISigTech OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world
and may contain references to ISigTech products, services, and programs
that are not available in your country. These references do not imply that
ISigTech intends to announce such products, services, or programs in your
country.
The Site is controlled, operated, and administered by
ISigTech from its offices within the United States of America. ISigTech
makes no representation that the Site, or the Services or Materials
available through it, are appropriate or available for use at other
locations outside the United States, and access to the Site from
territories where the Site or any of its Services or Materials are illegal
is prohibited. If you access the Site from a location outside the United
States, you are responsible for compliance with all local laws. See the
section on export control laws, below, for further information.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL ISIGTECH , ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR
NOT ISigTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON
ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT
OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA,
FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE
DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
ISigTech User to User Forums
In addition to these Terms of Use, users of the ISigTech
User to User Forums must agree to a separate legal agreement located
within the Forums registration area of the Site. Your access to the User
to User Forums will be denied for violation of either the Terms of Use or
the agreement located within the Forums registration area of the Site. In
particular, you should be familiar with the Section titled "PROHIBITED
COMMUNICATIONS" in that agreement and conduct your activities accordingly.
Notification of copyright infringement
ISigTech will, in appropriate circumstances, terminate the
accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on
this Site or on sites linked to from this Site, please provide ISigTech's
Copyright Agent a Notice containing the following elements:
- a physical or electronic signature of the person authorized to act
on behalf of the owner of the copyright interest that is alleged to have
been infringed;
- a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s) is
claimed to be infringing and which you request to be removed or access
to which is to be disabled;
- a description of where the material that you claim is infringing is
located on the ISigTech site;
- information sufficient to permit ISigTech to contact you, such as
your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the use of
the material identified in your Notice in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate
and, under penalty of perjury, that you are the copyright owner or
authorized to act on the copyright owner's behalf.
ISigTech's Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
By mail:
Innovative Signals Technology, LLC
Attn: Copyright Agent
302 Scott Street
Scottsboro, AL 35768
By telephone: (256) 259-8050
By fax: (256) 259-8049
By e-mail: info@isigtech.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU
BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR
ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE
COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain
certain statements or information with respect to (i) the projection of
ISigTech's revenues, income, earnings per share, capital expenditures,
dividends, capital structure, or other financial items; (ii) the plans,
objectives, and/or projections of ISigTech for future operations,
including those relating to the products or services of ISigTech; (iii)
ISigTech's future economic performance; (iv) assumptions underlying or
relating to any of the foregoing statements or information; and (v) any
other projections, estimates, or forward-looking statements. All such
statements and information are forward-looking statements within the
meanings of Section 27A of the Securities Act of 1933 and Section 21E of
the Securities Exchange Act of 1934. Such forward-looking statements are
based upon, or will be based upon, ISigTech's judgment with respect to
future events and are subject to a number of uncertainties and risks that
could cause actual results or circumstances to differ materially from
those expressed in the forward-looking statements. ISigTech wishes to
caution you that such forward-looking statements are only predictions and
that actual events or results may differ materially. For further details
and information concerning the foregoing or ISigTech in general, please
consult the company's documents and reports now or hereafter on file with
the Securities and Exchange Commission, particularly ISigTech's most
recent Form 10-K and Form 10-Q, copies of which are available from
ISigTech on this Site at Investor Relations.
Export control laws; notice to U.S. government users
The export and re-export of ISigTech software products are
controlled by the United States Export Administration Regulations, and
such software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, or any country to which the United
States embargoes goods. In addition, ISigTech software may not be
distributed to persons on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals.
By downloading an ISigTech software product you are
certifying that you are not a national of Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, or any country to which the United States embargoes
goods, and that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
All ISigTech products and publications are commercial in
nature. The software and documentation available on this Site are
"Commercial Items," as that term is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
licensed to U.S. Government end users (A) only as Commercial Items and (B)
with only those rights as are granted to all other end users pursuant to
the terms and conditions herein.
Indemnity and liability
You agree to indemnify and hold ISigTech, and its
subsidiaries, affiliates, officers, agents, co-branders or other 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 to, or transmit through the Site (including, without
limitation, any User Content, Design Content or computer viruses), your
use of the Site, your connection to the Site, your violation of the Terms
of Use, the actions of any member of your Work Group (solely if you are a
Subscriber to the DesignTeam service), or your violation of any rights of
another person or entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by
ISigTech from its offices within the state of Alabama, United States of
America. By accessing this Site, you and ISigTech agree that all matters
relating to your access to, or use of, this Site shall be governed by the
statutes and laws of the State of Alabama, without regard to the conflicts
of laws principles thereof. You and ISigTech also agree and hereby submit
to the exclusive personal jurisdiction and venue of the Superior Court of
Madison County and the United States District Court for the Northern
District of Alabama with respect to such matters.
General
The Terms of Use and other rules, guidelines, licenses,
and disclaimers posted on the Site constitute the entire agreement between
ISigTech and you with respect to your use of the Site. If for any reason a
court of competent jurisdiction finds any provision of the Terms of Use,
or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder of the Terms of
Use shall continue in full force and effect. Any failure by ISigTech to
enforce or exercise any provision of the Terms of Use or related right
shall not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and carry with
them no legal or contractual effect.
Acceptance of terms
Innovative Signals Technology, LLC ("ISigTech") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by ISigTech and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that ISigTech may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
ISigTech reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
Defined terms
All other user-supplied information, materials, files, communications, and documents, are referred to collectively as "User Content." "ISigTech Content" means all Materials provided by ISigTech. User Content and ISigTech Content may have different restrictions and conditions associated with them.
Types of users
Please be aware that certain activities on this Site are available only to persons who are covered under a paid contract with ISigTech ("Clients") and persons invited by Clients to participate in such activities.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, ISigTech and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by ISigTech, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by ISigTech, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. ISigTech offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by ISigTech. You agree that you will not hold ISigTech responsible or liable with respect to the Third-Party Services or seek to do so.
Use of software. The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of ISigTech and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of ISigTech Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the ISigTech Content and User Content available on this Site subject to the following conditions:
- The ISigTech Content and User Content may be used solely for personal, informational, and internal purposes.
- The ISigTech Content and User Content may not be modified or altered in any way.
- The ISigTech Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the ISigTech Content and User Content.
- ISigTech reserves the right to revoke the authorization to view, download, and print the ISigTech Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from ISigTech.
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the ISigTech Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of ISigTech or other third parties. You are not permitted to use the Marks without the prior written consent of ISigTech or such third party that may own the Marks. ISigTech and the ISigTech logo are trademarks of Innovative Signals Technology, LLC.
For a current list of ISigTech's Marks, as well as certain third-party Marks, please refer to trademark information.
License to ISigTech for User Content
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant ISigTech one of the following types of licenses:
- For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using ISigTech products, you grant ISigTech a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant ISigTech the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to the Design Review service, you acknowledge that such content may be modified and annotated, and ISigTech may display the User Content together with such modifications and annotations solely for purposes of the Design Review service. You acknowledge and agree that any User Content you submit to ISigTech Studio Exchange, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
- For User Content such as comments to the ISigTech User to User Forums, bug reports, piracy reports, or product suggestions, you grant ISigTech and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that ISigTech is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of ISigTech or others.
Prohibited communications
You may submit only User Content to the Site that is (a)
owned by you, (b) submitted with the express permission of the owner or
within the scope of the license to such content, or (c) in the public
domain. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that
would violate any law or the rights of others, including, without
limitation, laws against copyright infringement, and rights of privacy and
publicity. Violation of these restrictions may result in denial of or
limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service, or system without authorization from ISigTech;
- not to access or attempt to access any Design Content which you are not authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, ISigTech reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, ISigTech reserves the right to delete or remove Design Content if the relevant subscription has expired or lapsed or if ISigTech has a good faith belief that the user posting such Design Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of ISigTech or others.
ISigTech may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, ISigTech will have no liability related to User Content under the laws of copyright, libel, privacy, obscenity, or otherwise. ISigTech also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ISIGTECH OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ISigTech MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ISIGTECH MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND ISigTech MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) ISIGTECH DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) ISIGTECH MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ISigTech SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ISigTech ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISigTech OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world and may contain references to ISigTech products, services, and programs that are not available in your country. These references do not imply that ISigTech intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by ISigTech from its offices within the United States of America. ISigTech makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ISIGTECH , ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ISigTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
ISigTech User to User Forums
In addition to these Terms of Use, users of the ISigTech User to User Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User to User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled "PROHIBITED COMMUNICATIONS" in that agreement and conduct your activities accordingly.
Notification of copyright infringement
ISigTech will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide ISigTech's Copyright Agent a Notice containing the following elements:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located on the ISigTech site;
- information sufficient to permit ISigTech to contact you, such as your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
ISigTech's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
Innovative Signals Technology, LLC
Attn: Copyright Agent
302 Scott Street
Scottsboro, AL 35768
By telephone: (256) 259-8050
By fax: (256) 259-8049
By e-mail: info@isigtech.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of ISigTech's revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives, and/or projections of ISigTech for future operations, including those relating to the products or services of ISigTech; (iii) ISigTech's future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, ISigTech's judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. ISigTech wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further details and information concerning the foregoing or ISigTech in general, please consult the company's documents and reports now or hereafter on file with the Securities and Exchange Commission, particularly ISigTech's most recent Form 10-K and Form 10-Q, copies of which are available from ISigTech on this Site at Investor Relations.
Export control laws; notice to U.S. government users
The export and re-export of ISigTech software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, ISigTech software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading an ISigTech software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All ISigTech products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Indemnity and liability
You agree to indemnify and hold ISigTech, and its subsidiaries, affiliates, officers, agents, co-branders or other 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 to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any member of your Work Group (solely if you are a Subscriber to the DesignTeam service), or your violation of any rights of another person or entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by ISigTech from its offices within the state of Alabama, United States of America. By accessing this Site, you and ISigTech agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Alabama, without regard to the conflicts of laws principles thereof. You and ISigTech also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Madison County and the United States District Court for the Northern District of Alabama with respect to such matters.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between ISigTech and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by ISigTech to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.