This Agreement applies to your access to and use of this Site and does not alter in any way the terms and conditions of any other agreements you may have with Fracctal, including but not limited to service agreements, license agreements or user agreements (“Other Agreements”). If there is a conflict or inconsistency between this Agreement and the Other Agreements, the Other Agreements shall prevail.
If you breach any of the terms of this Agreement, your authorization to use this Site automatically terminates and you must destroy any downloaded or printed materials immediately and discontinue your use of this Site and any hyperlinks to this Site.
Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Fracctal, Inc., or of the original creator of the material. All rights in copyrighted material are expressly reserved except as otherwise set forth herein. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, under any circumstance, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Fracctal. You may not “mirror” any material contained on this Site on any other server or system without prior written permission from Fracctal. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and/or publicity and communications regulations and statutes.
Fracctal has designated the following contact information to direct notification from copyright owners of claimed copyright infringement:
Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site, including but not limited to Trademarks displayed through page headers, custom graphics, button icons, or scripts, are registered or unregistered Trademarks of Fracctal. These Trademarks may not be copied, modified, imitated or used, in whole or in part, without the prior written permission of Fracctal. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Fracctal or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Fracctal or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Fracctal or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Fracctal Trademark, logo or trade name or other proprietary information including the images found on the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Fracctal.
Third-Party Sites. Links to third-party sites (“Third-Party Sites”) on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Fracctal does not control, maintain, or sponsor these Third-Party Sites and is not responsible for the content of any of these Third-Party Sites, including, without limitation, privacy policies or lack thereof, any link contained in a Third-Party Site, and any information, goods or services offered through any Third-Party Site. Fracctal does not endorse or make any representations about Third-Party Sites or any information, software or other products or materials found there, or any results that may be obtained from using them. The inclusion of a link to a Third-Party Site is not intended as an endorsement of the organizations sponsoring such Third-Party Site, or any views that might be expressed or referenced therein. If you decide to access any of the Third-Party Sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Fracctal will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by the use of or reliance on any such Third-Party Sites.
Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Fracctal and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Fracctal in the case of codes or other downloadable materials.
Additional Use Restrictions. You agree that you will not under any circumstances:
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Fracctal or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful material, including threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, and/or profane material.
This Site, including all software, materials, products, services, and information, is provided “as is” without warranties of any kind, either express or implied. FRACCTAL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. fracctal does not warrant or make any representations regarding the suitability, reliability, availability, timeliness, or accuracy of this site or any other sites linked to this Site. The materials of this Site may be out of date, and FRACCTAL makes no commitment to update the materials at this Site. FRACCTAL does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. FRACCTAL does not warrant that this Site, software, materials, products, services, or information will be uninterrupted or error-free or that any defects in this Site, software, materials, products, services, or information will be corrected.
LIMITATION OF LIABILITY
to the maximum extent permitted by law, In no event will FRACCTAL (or its owners, officers, agents, employees, suppliers or other third parties mentioned at or in this Site) be liable for any damages whatsoever, including, without limitation direct, indirect, special, incidental, or consequential damages, arising out of or in any way connected with the use or performance of this Site, any websites linked to this Site, or the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not fracctal has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Fracctal, its owners, officers, directors, employees, agents, contractors, subcontractors, and representatives, for any claims, damages, losses, liabilities, and costs and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any Third-Party Site or any downloadable material, your violation of this Agreement, or your violation of any applicable laws, rules, or regulations.
APPLICABLE LAWS AND MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Fracctal’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fracctal in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Fracctal. This Agreement may not be assigned in any manner by you without the express, prior written permission of Fracctal. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. The federal or state courts of the County of Santa Clara shall have exclusive jurisdiction and venue over any claims arising out of this Agreement, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objections thereto.
If you have questions or comments regarding this Agreement, please contact us at .
Last updated: September 20, 2023