TechWell Terms of Use
The TechWell web site is an online information service owned and provided by Software Quality Engineering, Inc. (“SQE”) located at www.techwell.com and its sub-domains or such other URLs or domain(s) as SQE determines from time to time (collectively, the “Site”) and its access and/or use by you is subject to your compliance with the terms of use set forth below, as the same may be modified from time to time (the “Terms of Use”) . PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. If you do not agree to be bound by the Terms of Use, you may not access and/or use the Site. By accessing and/or using the Site, you hereby acknowledge and agree that you (i) have read, understand, and agree to the Terms of Use, (ii) the Terms of Use constitute a legal and binding agreement with SQE, and (iii) the Terms of Use supersede all prior or contemporaneous agreements regarding access and/or use of the Site. The right to access and/or use the Site may be limited further by federal, state, local or jurisdictional laws, rules and regulations.
1. Modifications to this Terms of Use
SQE may modify the Terms of Use, at its sole and absolute discretion, and at any time, and such modifications shall be effective immediately upon posting the modified Terms of Use on the Site. You agree to review the Terms of Use periodically to be aware of such modifications, and your continued access and/or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.
2. Contact Information
If you have any questions or concerns with respect to the Terms of Use or the Site you may contact a representative of TechWell by email at the following address: info@techwell.com.
3. Privacy
SQE describes its current practices related to privacy and personally identifiable information collected through the Site in our Privacy Policy. SQE may modify its Privacy Policy, at its sole and absolute discretion, and at any time, and such modifications shall be effective immediately upon posting the modified Privacy Policy on the Site. You agree to review the Privacy Policy periodically to be aware of such modifications, and your continued access and/or use of the Site shall be deemed your conclusive acceptance of the modified Privacy Policy.
4. Copyright, Licenses, and Idea Submissions
The entire Contents (as hereinafter defined) of the Site are protected by United States and international copyright and trademark laws. Subject to your compliance with the Terms of Use, SQE hereby grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Site for your personal, noncommercial use only, and for no other use. Any other copying, redistribution, publication, retransmission, or other use of the Site’s Content, or any portion thereof is strictly prohibited without the express written permission of SQE. You agree not to change, delete, or obscure any copyright notice, trademark notice, or other proprietary rights notices from any Content downloaded from the Site.
You agree that (i) any materials you submit as download-only files (i.e., files submitted and disseminated through the Site as downloadable material in non-html format) remain the property of the submitter/author, and that you have the right to submit these materials; however, (ii) SQE, its successors and assigns upon such submission, shall have the right and license, without additional consideration, to freely promote and distribute such downloadable materials for the duration of the time that such materials are stored on the Site. For all other materials that you submit to any public areas of the Site (such as forums and comments, recommended links, templates, FAQs, etc.) or by email to SQE by all means and in any media now known or hereafter developed, you agree that upon such submission SQE shall be granted a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, republish, reproduce, distribute, transmit, publicly display, and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services). You also grant to SQE the right to use your name and/or likeness in connection with all submitted materials as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against SQE for any alleged or actual infringement or misappropriation of any proprietary right in your submissions to the Site.
If you believe that material appearing on the Site constitutes copyright infringement of another party’s rights, contact SQE immediately in writing at the following address: info@techwell.com.
5. Trademarks
TechWell, and/or any other trademarks, service marks, or trade names (“Marks”) of SQE or its publications, products, Content, or services referenced herein or on the Site are the exclusive Marks of SQE. Other product and company names mentioned on the Site may be the trademarks of their respective owners. You may not use or display any trademarks, service marks, logos, or designs owned by SQE or its affiliates without the prior written consent of SQE, which consent may be withheld in SQE’s sole and absolute discretion.
6. Use of the Site
A paid membership to TechWell constitutes a personal, single-use, transferable license to access designated material on the Site. For information regarding transferring a license, contact Client Support. You understand, acknowledge, and agree that (i) except for information, products, or services clearly identified as being supplied by SQE, and actually supplied by SQE, SQE does not operate, control, or endorse any information, products, or services on the Internet in any way, and (ii) except for SQE-identified information, products, or services actually supplied by SQE, all information, products, and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with SQE. You also understand, acknowledge, and agree that SQE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests malicious, contaminating, or destructive properties (collectively, “Malware”). YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PROTECTION FROM MALWARE AND TO MAINTAIN ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU AGREE TO USE THE SITE ONLY FOR LAWFUL PURPOSES.
The opinions expressed within the articles and contents herein do not necessarily express those of SQE. SQE makes no representations whatsoever about any other web site that you may access through the Site or which may link to the Site. You understand, acknowledge, and agree that when you access non-SQE web sites, such web sites are independent from SQE, and that SQE has no control over the content on such non-SQE web sites. In addition, a link to an SQE web site does not mean that SQE endorses or accepts any responsibility for the content, or the use, of such referring web site. You agree not to deep link to the Site.
SQE is not responsible for the privacy practices of any web site linked to or from the Site. Some advertisers use third-party companies to serve their advertisements on the Site and, in some cases, in HTML-formatted newsletters. SQE is not responsible for the performance of third-party companies who serve advertising on the Site. Third-party advertising companies also may employ cookie and other technologies to measure the effectiveness of their advertisements. SQE does not give any information that renders its customers personally identifiable to such third-party advertisers as part of the relationship created between you and SQE pursuant to the Terms of Use, outside of the terms outlined in SQE’s Privacy Policy. The use of tracking technology by third-party advertisers is subject to such third-party advertiser’s own privacy policies.
SQE does not provide email addresses and/or any personally identifiable information to its business partners outside of the terms outlined in SQE’s Privacy Policy. Third-party marketing messages may be delivered to customers who have accepted receiving such information, provided that it is distributed using the Site and/or SQE as the medium for delivery. Unsubscribe options are included in all third-party messages and an opt-out selection is part of the membership and registration procedure for the Site, and can be employed at any time.
7. Your Use of Content and Information -- Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Site. Some of the Content is provided by SQE or its suppliers, and other Content is provided by persons who access and/or use the Site (“Users”), such as User opinions and views provided via posts to open forums. While SQE strives to keep the Content accurate, complete, and up to date, SQE cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by SQE or its suppliers, or by Users. Any opinions, advice, statements, or other information expressed or made available by Users or other third parties, including but not limited to bloggers, are those of the respective User or other third party and not of SQE. SQE does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site.
Your participation in online communications may happen in real time and SQE does not have any obligation to prescreen, edit, or remove any Content provided by Users or other third parties that is posted on or available through the Site.
Notwithstanding the foregoing, SQE will have the right (but not the obligation), in its sole and absolute discretion, and for any reason, to prescreen, edit, refuse to accept, remove, or move any Content that SQE in its sole and absolute discretion determines to be inappropriate, harmful, offensive, or otherwise undesirable.
You hereby agree to abide by the following rules with respect to the Site:
a. Do not submit or post any message or item anonymously or under a false name.
b. Do not submit or post any information or file containing a virus or any other contaminating features.
c. Do not submit or post any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or otherwise objectionable item of any kind.
d. Do not submit or post messages of a personal nature or disclose private information about any person.
e. Do not submit or post information that does not pertain to the topic or subject area.
f. Do not submit or post any information that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right.
g. Do not submit or post any information that includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings.
h. Do not submit or post any information you do not have the right to submit, post, disseminate, or transmit.
i. Do not use the Site in any way to:
1. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Site.
2. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
3. interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site.
4. electronically stalk or otherwise harass another user or person accessing the Site.
5. engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law.
6. violate any applicable laws or regulations, or any rules or guidelines established by SQE with respect to the Site.
Any rights not expressly granted herein are reserved by SQE.
8. User-submitted Content
Representations Made
You are responsible for all material that you submit, post, or otherwise make available to or through the Site. By doing so, you represent and warrant to SQE that such material is not confidential and that you have all necessary permission to submit, post, and otherwise make such material available, and that such material does not infringe upon the intellectual property rights of any third party.
9. Ownership and Intellectual Property Rights
Ownership
All right to, title to, and interest in the Content available on the Site, the Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and the Site URLs, are the property of SQE or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
You may not use any Content available via the Site in any manner or for any other purpose other than that outlined in Section 4 without the prior written permission of SQE. All rights not expressly granted in this Terms of Use are expressly reserved to SQE.
10. Your Contact with Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by SQE of content, items, or services on those third-party web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
SQE does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that SQE will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Site.
11. Disclaimer of Warranties with Respect to Web Site
BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS AND/OR USE OF THE SITE AND THE INTERNET. SQE DOES NOT WARRANT THAT THE SITE, AND ITS SERVERS ARE FREE OF MALWARE OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SQE IS NOT RESPONSIBLE FOR THOSE COSTS. SQE PROVIDES THE SITE AND CONTENT “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY CONTENT, MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SQE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL CONTENT, OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED AND/OR AVAILABLE THROUGH THE SITE OR ON THE INTERNET GENERALLY. SQE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
12. Limitations of Liability
IN NO EVENT WILL SQE AND/OR ANY THIRD PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE, OR ANY CONTENT, INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF SQE OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT SQE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR YOUR ACCESS AND/OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED TWENTY-FIVE AND NO/100 DOLLARS ($25.00).
13. Indemnification
You agree to indemnify, defend, and hold harmless SQE, its officers, directors, employees, agents, licensors, suppliers, and any third-party Content providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees with respect to any information or material you submit or post to the Site or resulting from any violation of the Terms of Use (including infringement of Intellectual Property Rights, and negligent or wrongful conduct) by you.
14. Third-party Rights
The provisions of Sections 6 (Use of the Site), and 13 (Indemnification) are for the benefit of SQE and its officers, directors, employees, agents, licensors, suppliers, and any third-party Content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. Complaints Regarding Content
Regarding copyright infringement complaints and complaints regarding content, see Section 2 for contact information.
16. Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your TechWell account and monitoring all activity under the account. You assume full responsibility for all activities that occur under your account (unless we cause a security breach).
17. Modification or Suspension of the Web Site
SQE may at any time modify, discontinue, or suspend its operation of the Site, or any part thereof, temporarily or permanently, without notice to you.
18. Termination
The Terms of Use and all licenses granted hereunder may be terminated by SQE without notice at any time for any reason. If you are in default of any of the Terms of Use, in addition to termination of the Terms of Use, all licenses granted hereunder, and your access and/or use of the Site, SQE hereby reserves the right, at its sole discretion, to pursue all legal remedies available to it. You agree that action taken under this Section may be effective without prior notice. In the event of termination, however, those sections of the Terms of Use that provide for continuing obligations on your part and/or which by their nature are intended to survive the termination of the Terms of Use shall continue in full force and effect after termination, including, without limitation, the provisions of Sections 4 (Copyright, Licenses, and Idea Submissions), 6 (Use of the Site), 7 (Your Use of Content and Information), 13 (Indemnification), and 14 (Third-party Rights).
19. Severability
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
20. Miscellaneous
You agree that the Terms of Use will not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel of one of the parties. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. SQE may assign its rights and obligations under the Terms of Use to any individual or entity at any time and without prior notice.
