Legal Statement
The following are terms of a legal agreement between you and Ounce Labs, Inc. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Ounce Labs, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Ounce Labs, Inc. assumes no responsibility regarding the accuracy of the information that is provided by Ounce Labs, Inc. and use of such information is at the recipient's own risk. Ounce Labs, Inc. provides no assurances that any reported problems may be resolved with the use of any information that Ounce Labs, Inc. provides. By furnishing information, Ounce Labs, Inc. does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Ounce Labs, Inc. does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Ounce Labs, Inc. will be deemed NOT to be confidential. By sending Ounce Labs, Inc. any information or material, you grant Ounce Labs, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Ounce Labs, Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about Ounce Labs, Inc. Privacy Policy.
Global availability
Information Ounce Labs, Inc. publishes on the World Wide Web may contain references or cross references to Ounce Labs, Inc. products, programs and services that are not announced or available in your country. Such references do not imply that Ounce Labs, Inc. intends to announce such products, programs or services in your country. Consult your local Ounce Labs, Inc. business contact for information regarding the products, programs and services which may be available to you.
Ounce Labs, Inc.'s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Ounce Labs, Inc. off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Business relationships
Ounce Labs, Inc. makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Ounce Labs, Inc. Web site, even one that may contain the Ounce Labs, Inc. logo, please understand that it is independent from Ounce Labs, Inc., and that Ounce Labs, Inc. has no control over the content on that Web site. In addition, a link to a non-Ounce Labs, Inc. Web site does not mean that Ounce Labs, Inc. endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL OUNCE LABS, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY OUNCE LABS, INC. ON AN "AS IS" BASIS ONLY. OUNCE LABS, INC. PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Ounce Labs, Inc. may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
1. Acceptance of Terms of Use; Revisions
These Web Site Terms of Use ("Terms of Use") shall apply to all persons
who use or visit an Ounce Labs, Inc. web site ("Site"). By using or visiting
this Site, you acknowledge that you have read, understood, and agree to
be legally bound by these Terms of Use both now and in the future. These
Terms of Use constitute a legally binding agreement between you and Ounce
Labs, Inc. If you are not willing to be bound by these Terms of Use, do
not use this Site. Ounce Labs, Inc. reserves the right to change or revise
the Terms of Use at any time in its sole discretion. You will be bound by
any such revisions so you should visit this page periodically to become
familiar with any such revisions.
2. Rights to Materials Appearing on the Site; Limited License to Use
a. All materials appearing on this Site are protected by law, including,
but not limited to, United States Copyright Law and international treaties.
All material appearing on this Site is copyrighted by Ounce Labs, Inc. or
the original creator of the material. Ounce Labs, Inc. or the original
creator reserves all rights to the materials. Except as may be specifically
stated otherwise in other materials on this Site or in the limited license
set out in paragraph 2 b, below, you may not copy, reproduce, distribute,
display, download, republish, post or transmit any materials in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission
of Ounce Labs, Inc. or the owner of the copyright. In addition, you may
not create any derivative works of any materials without Ounce Labs, Inc.’s
prior written consent. Also, you may not "mirror" any material appearing
on this Site on any other server, without Ounce Labs, Inc.’s written permission.
b. Ounce Labs, Inc. grants you the limited license to view, copy, print and distribute the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Ounce Labs, Inc. grants you a limited license to use the materials on this site to operate Ounce Labs, Inc. products; however you may not transfer the materials to third parties without Ounce Labs, Inc.’s prior written consent. This license will terminate automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Unauthorized use of any material appearing on this Site may violate intellectual property rights or other rights of Ounce Labs, Inc. or others. Some materials may contain other proprietary notices and copyright information which applies to those materials.
c. Except as explicitly stated above, nothing on the Site shall be construed as conferring, by implication, estoppel or otherwise, any right or license under any patent, trademark, copyright, moral right or any other intellectual property right of Ounce Labs, Inc. or any third party.
d. U.S. Government Restricted Rights. The materials appearing on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U. S. Government is subject to any restrictions set forth in DFARS 252.227-7013, FAR 52.227-14 and FAR 52.227-19 (or the successors thereto) and any other applicable laws and regulations. By using any of the materials the U. S. Government acknowledges Ounce Labs, Inc.’s rights in them.
3. Compliance with Laws
In using or accessing this Site, you agree to comply with all applicable
federal, state and local laws and regulations. Materials appearing on this
Site are subject to the export control laws and regulations of the United
States and may also be subject to the laws of the country in which you
reside. Ounce Labs, Inc. specifically prohibits access to the materials
on this Site from locations where it is illegal to obtain such access.
Anyone who accesses this Site from locations outside the United States
does so on their own initiative and is responsible for compliance with
applicable local laws. This Site is controlled and operated by Ounce Labs,
Inc. from its offices within the United States.
4. Content Notice; Disclaimer of Warranties
The materials on this site are provided "AS IS" and without warranty of
any kind whatsoever, whether express, implied or statutory (including,
but not limited to, any implied warranties of merchantability, fitness
for a particular purpose or noninfringement as well as any which arise
from a course of dealing, course of performance, usage or trade practice).
Ounce Labs, Inc. specifically disclaims all such warranties to the fullest
extent permitted by law. Ounce Labs, Inc. does not warrant or represent
that the materials on this site are accurate or reliable or that the materials
are free from errors or viruses. Ounce Labs, Inc. assumes no responsibility
for and disclaims all liability for any errors or omissions in the materials
appearing on the site or in materials which are referred to within the
site or other web sites which are linked to this site (including any
results arising from the use of this site). Ounce Labs, Inc. shall have
the right to change this site or any products or services referred to in
it at any time without notice.
5. Disclaimer and Limitation of Liability
In no event shall Ounce Labs, Inc. be liable for any direct, indirect,
special, consequential or incidental damages of any kind, including but
not limited to, loss of data or profit, loss of business opportunity or
loss of potential savings, arising out of the use, the inability to use,
or reliance upon any materials appearing on this Site. This limitation
of liability shall apply even if Ounce Labs, Inc. or any of its employees,
officers, directors or agents has been advised of the possibility of such
damages and even if any remedy available to you fails of its essential
purpose. This limitation of liability applies regardless of whether the
action is based on contract or tort (including negligence and strict
liability). Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation on such
damages may not apply to you. This Site may refer to certain non-Ounce
Labs, Inc. products or services. Any such references are for information
purposes only and do not constitute an endorsement or recommendation of
such products or services.
6. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and
displayed on this Site are the registered and unregistered Trademarks of
Ounce Labs, Inc. or third parties. Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the Site, without the written permission
of Ounce Labs, Inc. or the Trademark owner. You may not use the Ounce
Labs, Inc. logo or name or any Ounce Labs, Inc. trademark as a "hot" link
unless you have obtained written permission from Ounce Labs, Inc. before
creating the link.
7. User Feedback
Any feedback, idea or other information ("Information") that you provide
or transmit to or post on this Site by any means will be considered as
non-confidential and non-proprietary. Ounce Labs, Inc. will have no
obligation to protect any such Information, and Ounce Labs, Inc. may use
it or disseminate it for any purpose whatsoever, including, but not limited
to, the development, manufacture and marketing of products or services.
8. Prohibited Uses
You are prohibited from transmitting, uploading, or posting to or from
this Site any information or material that is profane, obscene, pornographic,
threatening, abusive, libelous, defamatory, or otherwise illegal or any
other material that may cause any civil liability. You are also prohibited
from transmitting, uploading or posting any material that contains any
virus or similar device.
9. Links to Other Web Sites
This Site may contain links to web sites controlled or maintained by other
persons or companies. Ounce Labs, Inc. provides these links solely for your
convenience and Ounce Labs, Inc. does not endorse the linked sites in any
manner. Ounce Labs, Inc. will not be liable or responsible for the accuracy
or reliability of any information appearing on those web sites.
10. Availability of Products and Services
This Site may contain information regarding products or services which
are not available in your country. Your local Ounce Labs, Inc. sales
representative can provide you with information regarding which products
and services are available in your country.
11. Confidential Information and Privacy
Notwithstanding the foregoing, all personal data you provide to Ounce
Labs, Inc. through this Site will be handled in accordance with Ounce Labs,
Inc.’s Online Privacy Policy.
12. Use of Secure Areas of the Site
Certain portions of the Site may be accessible only through the use of
passwords or other security devices. Only authorized users may access or
use such portions of the Site. Use of such portions of the Site by
unauthorized persons or unauthorized use by authorized users shall constitute
a material violation of these Terms & Conditions and may constitute a crime.
13. Software License Terms
If you download any software from the Site, the software will be governed
by the terms of the software license agreement that is included with the
downloaded software or the terms of the Ounce Labs, Inc.
14. Remedies
If you violate these Terms of Use, Ounce Labs, Inc. shall have the right
to seek all legal and equitable remedies available to it.
15. Applicable Law
This Site is maintained by Ounce Labs, Inc. from its offices in Littleton,
Massachusetts, U.S.A. Any claim relating to, and the use of, this Site
and the materials contained herein shall be governed by the laws of the
Commonwealth of Massachusetts, USA.
16. Complete Agreement
These Terms of Use and the terms of any documents linked to herein
constitute the entire agreement between the parties and supersede all
prior discussions, statements, agreements, negotiations or otherwise
regarding the subject matters addressed herein.
