Incuity Software, Inc. Terms of Use
This document was last updated on October 13, 2006

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms of Use (the Terms of Use) apply to the Incuity Software, Inc.. ("Incuity") Websites located at www.incuity.com and all associated sites linked within www.incuity.com by Incuity, its subsidiaries and affiliates, including Incuity Websites around the world ("collectively the "Website") . This Website is the property of Incuity and its licensors. BY USING THE WEBSITE , YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

At any time, Incuity reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use. It is your responsibility to check these Terms of Use frequently for changes. By continued use of the Website following the posting of changes you accept and agree to the changes. As long as you comply with these Terms of Use, Incuity grants you a personal, non-exclusive, revocable, non-transferable, limited privilege to enter and use the Website.

Content

All text, graphics, visual interfaces, user interfaces, photographs, drawings, trademarks, logos, sounds, music, artwork and computer code (hereinafter, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Incuity, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use and without the expressed written consent of Incuity, you are prohibited from copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing in any way (including mirroring) the Content of this Website to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.

No Unlawful or Prohibited Use

You are prohibited from using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not gain or attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any Incuity server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Incuity, including any Incuity account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Incuity systems or networks, or any systems or networks connected to the Website or to Incuity and that further, you will immediately stop any action that unreasonably or disproportionately imposes a large load on the infrastructure of the Website upon notice of such action from Incuity or otherwise.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other persons use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Incuity on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content it for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Incuity or others.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.

Any software that is made available to download from this Website ("Software") is the copyrighted work of Incuity and/or its suppliers. The terms of the license agreement that accompanies or is included with the Software ("License Agreement") govern the use of the Software.

The Software is made available for downloading solely for use by end-users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER WEBSITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INCUITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND.

Any Software that is downloaded from this Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with restricted rights. The Software is a "commercial item" as that term is defined at 48 CFR 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 CFR 12.212 (September 1995), and is provided to the U.S. Government only as a commercial end item. Consistent with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. Contractor/manufacturer is Incuity Software, Inc., 20532 El Toro Rd., #309, Mission Viejo, CA 92692 U.S.A. Telephone number (949) 465-0390.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

There may be services or features offered through this site that require you to open an account. You must provide the information requested by us in a complete and accurate manner as prompted by the applicable registration form. You also will be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Incuity immediately of any unauthorized use of your account or any other breach of security. Incuity will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Incuity or another party due to someone else using your user name or password. You may not use anyone else's ID or password at any time, without the express permission and consent of the account holder.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE.

Permission to use documents such as white papers, press releases, datasheets and FAQs contained on or otherwise made available from this Website is granted, provided that (1) the copyright notice below appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational use only and will not be copied or posted on any network computer or broadcast in any media without the prior, express written permission of Incuity and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Incuity.com Website or any other Incuity owned, operated, licensed or controlled site. Elements of Incuity Websites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Incuity Website may be copied or retransmitted without the prior, express written permission of Incuity.

INCUITY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INCUITY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIABILITY LIMITATIONS OF THE WEBSITE

IN NO EVENT SHALL INCUITY AND/OR ITS EMPLOYEES, AGENTS OR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTS, OR INFORMATION AVAILABLE FROM THIS WEBSITE OR PROVISIONS OF OR FAILURE TO PROVIDE SERVICES . THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. INCUITY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.

USE OF SERVICES.

Some services on this Website may contain bulletin board services, chat areas, news groups, forums, communities, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  harm minors in any way;
• mpersonate any person or entity, including, but not limited to, a Incuity official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose ;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

Incuity has no obligation to monitor the Communication Services. However, Incuity reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Incuity reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Incuity reserves the right at all times to disclose any information as Incuity deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Incuity' sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Incuity does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Incuity specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Incuity spokespersons, and their views do not necessarily reflect those of Incuity.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LIMITATIONS ON WORLDWIDE USE.

This Website is presented by Incuity from within the United States, and Incuity makes no representation that materials in the Website are appropriate or available for use in locations outside the United States. Although this Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Incuity reserves the right to limit, in its sole discretion, the provisions and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Website is void where prohibited. If you choose to access this Website from outside the United States, you do so on your own imitative and you are solely responsible for complying with local laws.

Neither the Website, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Website.

GOVERNING LAW; DISPUTE RESOLUTION.

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys fees. In the event of any controversy or dispute between Incuity and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

LINKS TO THIRD PARTY SITES.

SOME LINKS ON THIS WEBSITE WILL LET YOU LEAVE INCUITY' WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INCUITY AND INCUITY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INCUITY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. INCUITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INCUITY OF THE SITE.

MATERIALS PROVIDED TO INCUITY OR POSTED AT ANY INCUITY WEB SITE.

Incuity does not claim ownership of the materials you provide to Incuity (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Incuity, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Incuity services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Incuity is under no obligation to post or use any Submission you may provide and Incuity may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (i) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (ii) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (iii) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By Posting Images, you are granting (i) to all members of your private community (for each such Images available to members of such private community), and/or (ii) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

COPYRIGHT NOTICE.

Copyright © 2006 Incuity Software, Inc., 20532 El Toro Rd. #309, Mission Viejo, CA 92692 U.S.A. All rights reserved.

TRADEMARKS.

TRADEMARKS. Incuity™ is a trademark of Incuity Software, Inc. All other products, brands and logos are trademarks of their respective owners.

Contact webmaster@incuity.com with questions or problems.