Terms Of Use

Welcome to the Aleri, Inc. ("Aleri") web site (the "Site")! These Terms of Use govern your access to and use of the Site, any information, text, graphics or other materials appearing on the Site (the "Content"), and any services provided through the Site (the "Services"). Your access to and use of the Site, Content and/or Services are expressly conditioned on your compliance with these Terms of Use and our Privacy Policy (http://www.coral8.com/developers/privacy.html) which is incorporated herein by reference. By accessing or using the Site, Content or Services, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access the Site, Content or Services.

Modification of Terms of Use

We reserve the right to modify these Terms of Use and related business practices (including but not limited to our Privacy Policy http://www.coral8.com/developers/privacy.html) at any time by posting updated text on this Site, and your continued use constitutes acceptance of those changes.

Other Terms

Certain areas of the Site (and access to or use of certain Content or Services) may have different terms of use posted or may require you to read, agree with and accept all of the terms and conditions. If there is a conflict between these Terms of Use and terms of use posted for access to a specific area of the Site, Content or Services, the latter shall have precedence with respect to your use of or access to that area of the Site, Content or Services.

Guard Your Passwords

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Aleri of any unauthorized use of your password.

Your Use of the Content

Aleri authorizes you to download, view, copy and print a single copy of any Content, subject to the following: (i) the Content may be used solely for personal, informational, non-commercial purposes; (ii) the Content may not be modified or altered in any way; and (iii) subject to all restrictions set forth in these Terms of Use. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express authorization of Aleri.

Your Use of Software

Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Aleri. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

Your Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to Aleri, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) is obscene; (v) infringes another's rights, including but not limited to intellectual property rights; or (vi) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Aleri, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Aleri, you automatically grant (or warrant that the owner of such rights has expressly granted) Aleri a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Aleri Property

All right, title, and interest in and to the Site, Content and Services are and will remain the exclusive property of Aleri and its licensors. The Site, Content and Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site, Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content or Services on or in connection with any other website, for any purpose.

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

• Post, publish or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with or use non-public areas of the Site, Aleri computer systems, or the technical delivery systems of Aleri's providers;
• Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Aleri or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
• Send unsolicited email, bulk email, junk mail, "spam" or chain letters, or promotions or advertisements for products or services;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or
• Impersonate or misrepresent your affiliation with any person or entity.

Aleri will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Aleri may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Aleri has no obligation to monitor your access to or use of the Site, Content and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

Aleri respects the intellectual property rights of others and expects users of the Site to do the same. At Aleri's discretion and in appropriate circumstances, Aleri may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Aleri's designated agent for notice of alleged copyright infringement appearing on the Site is:

John Morrell
VP Product Marketing
Phone: 650-210-3933
Fax: 650-210-3811
Email: john.morrell@aleri.com

Filing a notice of infringement with Aleri requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/.

Termination of Use

If you violate any of these Terms of Use, your permission to use the Site, Content and Services will automatically terminate. You agree that Aleri may, in its sole discretion, at any time revoke your access to and use of the Site, Content and Service,s and any account(s) you may have in connection with the Site, with or without cause. Aleri also reserves the right to cease providing or to change the Site, Content or Services at any time and without notice.

Third Party Web Sites, Content, Products and Services

The Site may contain links to third-party websites or resources, which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. Links to such websites or resources do not imply any endorsement by Aleri of such websites or resources or the content, products, or services available from such websites or resources. You agree that Aleri is not responsible or liable for: (i) the availability or accuracy of, such third-party websites or resources; or (ii) the content, products or services on or available from such websites or resources. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Aleri is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Aleri is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Aleri is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content and Services is at your own risk. Aleri will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content or Services.

The Site is Available "AS-IS"

THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CORAL8 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

CORAL8 MAKES NO WARRANTY THAT: (i) THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN ININTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CORAL8 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CORAL8 OR THROUGH THE SITE, CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

CORAL8 RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CORAL8 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CORAL8 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CORAL8 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, CORAL8 WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CORAL8 TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO CORAL8 FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CORAL8 AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

Waiver

The failure of Aleri to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Indemnity

You agree to defend, indemnify and hold harmless Aleri, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, Content or Services, or your violation of these Terms of Use.

Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, Content or Services in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Aleri in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Aleri outside the U.S. Neither the services of Aleri nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Applicable Laws

These Terms of Use and all matters relating to your access to, and use of, the Site, Content and Services shall be governed by U.S. federal law or the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco or San Mateo County, California. You and Aleri agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

Copyright Aleri, Inc. 2004-2007. All rights reserved. Aleri is a trademark, and Aleri Studio is a trademark of Aleri, Inc. Other names may be trademarks of their respective owners. Patents Pending.

Contact Information

If you have any questions regarding these Terms of Use, or any other questions regarding the Site please Contact Us.