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Acceptance of terms
Langistic Networks, Inc. ("Langistic") 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 Langistic 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 Langistic 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.
Langistic 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
One of the Services offered through this Site is a collaboration
and file-sharing service known as Langistic® DesignTeam. Information,
materials, files, communications, and documents that are posted
by users in conjunction with the DesignTeam service are referred
to collectively as "Design Content." The group of persons
among which the collaboration and file sharing takes place is referred
to herein as the "Work Group." All other user-supplied
information, materials, files, communications, and documents, excluding
the Design Content, are referred to collectively as "User Content."
"Langistic Content" means all Materials provided by Langistic.
Design Content, User Content, and Langistic Content may have different
restrictions and conditions associated with them.
Types of users
Please be aware that certain activities on this Site, such as DesignTeam,
are available only to persons who are covered under a paid or trial
subscription agreement with Langistic ("Subscribers") and
persons invited by Subscribers 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, Langistic
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 Langistic, 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 Langistic, 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. Langistic 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 Langistic. You agree that you will not hold Langistic 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 Langistic 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 Langistic Content and User Content. Except as indicated to the
contrary elsewhere on this Site, you may view, download, and print
the Langistic Content and User Content available on this Site subject
to the following conditions:
1. The Langistic Content and User Content may be used solely for personal,
informational, and internal purposes.
2. The Langistic Content and User Content may not be modified or altered
in any way.
3. The Langistic Content and User Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices
contained in the Langistic Content and User Content.
5. Langistic reserves the right to revoke the authorization to view,
download, and print the Langistic Content and User Content available
on this Site at any time, and any such use shall be discontinued
immediately upon notice from Langistic.
6. The rights granted to you constitute a license and not a transfer
of title.
Important exceptions. Various sections of the Site, such as ePortfolio,
the Galleries, or the Features, showcase the work of creative professionals.
Such works belong to their creators, may be protected by copyright
or other proprietary laws, and are for display purposes only. Accordingly,
you may not download or print these works unless there is a notice
associated with the work expressly permitting such uses.
The rights specified above to view, download, and print the Langistic
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.
Use of Design Content. Subscribers and other persons registered
to use the DesignTeam service may use the Design Content in any
manner that has been agreed upon by the user providing such Design
Content. It is your sole responsibility to discuss with others in
your Work Group and determine what limitations, if any, are placed
on your use of the Design Content distributed within your Work Group.
If you obtain access to materials created or used by others outside
of your Work Group in conjunction with the DesignTeam service, you
have no right to use such materials in any way. You also acknowledge
that Langistic has no liability of any kind should members of your Work
Group modify, destroy, corrupt, copy, or distribute your Design
Content.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed
on this Site are the property of Langistic or other third parties. You
are not permitted to use the Marks without the prior written consent
of Langistic or such third party that may own the Marks. Langistic and the
Langistic logo are trademarks of Langistic Systems Incorporated.
For a current list of Langistic's Marks, as well as certain third-party
Marks, please refer to trademark information.
License to Langistic 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 Langistic one of the following
types of licenses:
1. 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 Langistic products, you grant Langistic 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 Langistic 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 Langistic 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 Langistic Studio Exchange,
such as actions or extensions, may be downloaded, modified, reproduced,
and distributed by users of this Site.
2. For User Content such as comments to the Langistic User to User Forums,
bug reports, piracy reports, or product suggestions, you grant Langistic
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 Langistic 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 Langistic or others.
License to Langistic for Design Content
For Design Content that is intended to be accessible only to members
of your Work Group, you grant Langistic the right to copy, display,
distribute, and otherwise use such Design Content in connection
with operation of the DesignTeam service. You agree that Langistic may
access and/or disclose such Design Content if Langistic has a good faith
belief that it must do so to (a) perform system administration,
such as diagnosing and correcting problems, or testing any aspect
of the DesignTeam service; (b) respond to a valid court order or
subpoena; (c) comply with legislation or regulations, including,
without limitation, the Digital Millennium Copyright Act; (d) investigate
complaints; or (e) protect Langistic or others from liability or damages.
Langistic has no obligation to retain Design Content once the applicable
subscription agreement has expired or terminated, and you agree
that Langistic shall not be liable for any failure to store Design Content
after such expiration or termination.
Prohibited communications
You may submit only User Content or Design 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 Langistic;
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, Langistic 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,
Langistic reserves the right to delete or remove Design Content if the
relevant subscription has expired or lapsed or if Langistic 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 Langistic or others.
Langistic 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, Langistic will have no liability
related to User Content or Design Content arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. Langistic also
disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content or Design 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 Langistic 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, Langistic 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. Langistic 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 Langistic MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Langistic 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) Langistic 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) Langistic 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. Langistic 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 Langistic 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 Langistic products, services, and programs that
are not available in your country. These references do not imply
that Langistic intends to announce such products, services, or programs
in your country.
The Site is controlled, operated, and administered by Langistic from
its offices within the United States of America. Langistic 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.
Personal information and privacy
To learn about how Langistic protects your personal information, such
as your name and address, refer to the Langistic Online Privacy Policy.
Except as set forth in the Privacy Policy or in the Terms of Use,
your personal information will be deemed to be confidential. With
the exception of Design Content and certain types of User Content,
any non-personal information or material sent to Langistic will generally
be deemed to NOT be confidential. You understand and agree that
we may disclose information about you if we have a good faith belief
that we are required to do so by law or legal process, to respond
to claims, or to protect the rights, property, or safety of Langistic
or others, or as stated in our Privacy Policy. Please be aware that
your browser must be enabled to accept cookies in order for you
to use the DesignTeam service or to purchase from the Langistic online
store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Langistic,
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
Langistic 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.
Langistic User to User Forums
In addition to these Terms of Use, users of the Langistic 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
Langistic 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
Langistic's Copyright Agent a Notice containing the following elements:
1. 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;
2. 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;
3. a description of where the material that you claim is infringing
is located on the Langistic site;
4. information sufficient to permit Langistic to contact you, such as
your physical address, telephone number, and e-mail address;
5. 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;
6. 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.
Langistic Networks' Corporate Offices for Notice of claims of copyright
infringement can be reached as follows:
By mail:
Langistic Networks, Inc.
400 Oser Avenue, Suite 250
Hauppauge, NY 11788
By telephone: 631.951.3292
By fax: 631.951.9799
By e-mail: copyright@Langistic.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
Langistic's revenues, income, earnings per share, capital expenditures,
dividends, capital structure, or other financial items; (ii) the
plans, objectives, and/or projections of Langistic for future operations,
including those relating to the products or services of Langistic; (iii)
Langistic'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, Langistic'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.
Langistic 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 Langistic in general, please consult the company's documents and
reports now or hereafter on file with the Securities and Exchange
Commission, particularly Langistic's most recent Form 10-K and Form
10-Q, copies of which are available from Langistic on this Site at Investor
Relations.
Export control laws; notice to U.S. government users
The export and re-export of Langistic 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, Langistic 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 Langistic 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 Langistic 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 Langistic, 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 Langistic from its
offices within the state of California, United States of America.
By accessing this Site, you and Langistic 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 California, without regard to
the conflicts of laws principles thereof. You and Langistic 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 with respect
to such matters.
Language
It is the express wish of the parties that the Terms of Use and
all related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between Langistic
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 Langistic 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.
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