Welcome to the IEWatch Software LLC web site. We maintain this web site as a service
to our visitors and customers. By using our site, you are agreeing to comply with
If you do not agree to these terms, you should not review information or obtain
goods or products from this site.
1. Acceptance of Agreement
with respect to our site (the “Site”). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us from time
to time without specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. 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
LLC, 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.
The content, organization, graphics, design, audio, animation, video, compilation,
magnetic translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site, except as allowed
by Section 4, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such information
The trademarks, logos, and service marks ("Marks") displayed on this Site
are the property of IEWatch Software LLC or other third parties. You are not permitted
to use the Marks without the prior written consent of IEWatch Software LLC or such
third party that may own the Marks.
5. 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 IEWatch Software LLC 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
that you will not decompile, reverse engineer, or otherwise attempt to discover
the source code of the software available on the Site.
6. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from
the Site grants you only a limited, nonexclusive license for use solely by you for
your own personal use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part of any content, form
or document may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but not for
resale or redistribution). IEWatch Software LLC reserves the right to revoke the
authorization to view, download, and print the IEWatch Software LLC Content and
User Content available on this Site at any time, and any such use shall be discontinued
immediately upon notice from IEWatch Software LLC. The rights granted to you constitute
a license and not a transfer of title.
7. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and
affiliates (collectively, “Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable attorney’s fees, related to
your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you
to obtain information or documents is not transferable.
10. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
11. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent
12. Third-Party Services
We may allow access to or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
13. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on behalf of the
You represent and warrant that if you are purchasing something from us or from Merchants
that (i) any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
16. Links to other Web Sites
The Site may contain links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
17. Information and Press Releases
The Site contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim any duty or obligation
to update this information or any press releases. Information about companies other
than ours contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by us.
This Agreement shall be treated as though it were executed and performed in LOCATION,
and shall be governed by and construed in accordance with the laws of the State
of California (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, products or services related
thereto) must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the limitations
set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought solely in LOCATION.
You expressly submit to the exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.