Important legal information
Welcome to the TenFold Web site (the "Site"). Your access to and use of the Site is conditioned upon your acceptance of the terms and conditions set forth herein. Read these terms before using the Site. By accessing, using, viewing, browsing, etc. the Site, you agree to the terms of this Agreement (the "Agreement"). If you do not agree to these terms, do not access the Site in any way.
Materials
The materials (including but not limited to the text, information, data, images, audio, video, computer programs and/or anything else found at the Site) (the "Materials") on the Site are provided by TenFold Corporation ("TenFold") as a service to the public, its distributors and customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below.
Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without TenFold's prior written permission. Except as expressly provided herein, TenFold does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Copyright/Trademarks
Copyright © 2008, TenFold Corporation. All rights reserved.
TenFold is a registered trademark of TenFold Corporation. Other products and company names appearing on the Site may be trademarks of their respective owners. The list below is a list of some of TenFold's trademarks and/or trade names. A ® following a name indicates that the trademark has been registered in the United States. This list is not exhaustive. TenFold may own other trademarks and/or trade names that are not included here. The absence of a product or service name or logo from this list does not constitute a waiver of TenFold's trademark or other intellectual property rights concerning that name or logo. TENFOLD® and design, LogicXpress®, MyTenFold™, EnterpriseTenFold™, TENFOLD.COM™, TenFoldTools™, TenFoldClient™, TenFoldServer™, TenFoldKernel™.
TenFold trademarks may be used only with the express permission of TenFold. Fair use of TenFold's trademarks in advertising and promoting products requires proper acknowledgment that the trademarks are trademarks of TenFold.
User's Representations
You represent and warrant to TenFold that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may provide to TenFold is truthful, accurate and complete and that you will keep any such information updated; and (c) you shall comply with all terms and conditions of this Agreement.
Single Copy License
You may not copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Materials except that you may download one copy of the Materials to a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by TenFold in writing or as allowed by any license terms which accompany or are provided with individual pieces of information and/or works of authorship. Any unauthorized use of the Materials at the Site may violate copyright, trademark, and other laws. You may not remove any copyright or other proprietary notices from the Material. You agree to prevent unauthorized copying of the Materials. You further agree to indemnify, hold harmless and defend TenFold, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses or expenses, including reasonable costs and attorneys' fees, arising out of or in any way connected with your access to or use of the Site.
Disclaimer
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TENFOLD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF TENFOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
TenFold does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. TenFold may make changes to these Materials, or to the products described therein, at any time without notice. TenFold makes no commitment to update the Materials. TenFold also assumes no responsibility, and shall not be liable for any loss of data or damages to, or viruses that may infect, your computer system or other property on account of your access to, use of, or browsing in the Site (including any bulletin board) or your downloading of any Materials from the Site.
Termination of License
TenFold may terminate this license at any time. Upon termination, you agree to immediately destroy the Materials.
Links to this Site and Other Web Sites
Any Web sites linked by this Site are not under the control of TenFold and TenFold is not responsible for the content of any linked sites or any link contained in a linked site. TenFold reserves the right to terminate any link or linking program at any time. TenFold does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
Submissions
TenFold does not want you to send to it any confidential or proprietary information through the Site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). TenFold will have no obligations with respect to the Communications. TenFold will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. By transmitting Communications to the Site, you hereby grant to TenFold a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against TenFold of any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You are prohibited from posting or transmitting to or from the Site any material that (a) would restrict or inhibit any other user from using and enjoying the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (d) would violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of privacy or publicity or any other proprietary right, (e) contains a virus or other harmful component, (f) contains any information, software or other material of a commercial nature, (g) contains advertising of any kind, or (h) constitutes or contains false or misleading indications of origin or statements of fact.
Bulletin Boards/Chat Rooms/Discussion Groups
TenFold may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. TenFold, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Applicable Laws
The Site is controlled by TenFold from its offices within the state of Utah in the United States of America. TenFold makes no representation that Materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by U.S. federal law or laws of the State of Utah. You and TenFold agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in state or federal court located in Salt Lake City, Utah.
General
TenFold may revise these terms and conditions for use at any time by updating the Terms and Conditions for Use of This Web Site web page(s). You should visit this page from time to time to review the then-current terms and conditions for use because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site. This Agreement constitutes the entire agreement between you and TenFold with respect to the matters contained herein.
