Last Updated October 30, 2012
Portions, features and/or functionality of Aspera Inc.'s products are protected under United States Patents 808578, 8214707, 8051017; European Patent Office 1867110 granted with effect in France, Germany, Ireland, Netherlands, Romania, Sweden and United Kingdom; Hong Kong Patents HK 1111015; Japan Patents 5010739; Switzerland Patents 1867110, 4589406; and Patents Pending in the United States and other countries.
Aspera is a registered trademark of Aspera, Inc. in the United States. faspex™ and any other product or service name or slogan or logo contained in the Sites are trademarks of the Company and its suppliers, partners, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Mark holder. Ownership of all such Marks and the goodwill associated therewith remains with the Company or the applicable Mark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of the Company without the Company’s prior written permission. In addition, the look and feel of the Sites (including all page headers, custom graphics, button icons, and scripts) are the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used (in whole or in part) without the Company’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
Copyright and Trademark Policy
Aspera respects the intellectual property rights of others and we ask individuals using the Sites to do the same. If you believe that your: (i) copyrighted work has been copied and is accessible on the Sites; or (ii) trademark (also referred to as a “Mark”) has been used improperly on the Sites, in a manner that constitutes copyright or trademark infringement, please send a notice to the attention of the Legal Department at the corporate headquarters address found at 5900 Hollis Street, Suite E, Emeryville, CA, 94608, and provide with your notice the following information:
- The electronic or physical signature of the owner of the copyright or Mark or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- The Mark that you claim has been infringed.
- A description of where the material you claim is infringing is located on the Sites.
- Your address, telephone number and email address where Aspera can contact you.
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or Mark owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or Mark or that you are authorized to act on behalf of the owner of the copyright or Mark.
Welcome to the websites (the “Sites”) owned by Aspera, Inc. (“Aspera” or “the Company”). Through the Sites, you will have access to content, documents, materials, information, images, audio, software, products, and services such as software downloads and product information (individually and collectively “Content”). For the purpose of your use of the Sites, the term “Forum” means a discussion group, chat area, bulletin board, news group, blog, letter to the Company, its webmaster or employees, or email function offered as part of the Sites or any other service in connection with which you can log issues, upload, email, post, publish, or otherwise transmit Content.
3. No Unlawful or Prohibited Use
4. Registration Obligations
5. Passwords and Security
Access to and use of password protected or secure areas of the Sites is restricted to authorized users only. You may not share your password(s), account information, or access to the Sites. You are responsible for maintaining the confidentiality of password(s) and account information, and you assume all liabilities and responsibilities for any and all activities that occur under your password(s) or account(s) or as a result of your access to the Sites. You agree to notify the Company immediately of any unauthorized use of your password(s) or account(s).
6. Use of Content of the Sites
Content is made available in a variety of media. The Company either owns the intellectual property rights in the Content that is made available on the Sites or the Company has obtained the permission of the owner of the intellectual property to make it available on the Sites. Except where your use constitutes “fair use” under copyright law and except as set forth below or as specifically authorized in other sections of the Sites, the Company strictly prohibits the redistribution or copying of any part of the Sites or Content without its prior written permission.
The Company authorizes you to display on your computer, download, and print pages from the Sites provided: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered; (iii) the Content is only used for personal, educational, and non-commercial use; and (iv) you do not redistribute or copy the information to any other media.
7. Use of Software
Any software and its accompanying documentation (“Software”) that is made available to you for download from the Sites is the copyrighted work of the Company and/or third parties. Your use of the Software is governed by the either the terms of the end user license agreement which accompanies or is included with the Software or the terms of the license agreement executed between you or the company you represent and the Company (the “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement, unless you agree or the company you represent first agrees to the terms of the License Agreement. All rights, title, and interest not expressly granted in the License Agreement are reserved by the Company. Aspera software and services may use some or all of the patents found here.
8. Conduct and Public Communication on the Sites
A. Warranties and Disclaimers
Considering the real-time nature of Forums, it is impossible for the Company to review messages or confirm the validity of information posted. Submissions express the views of the author of the submission, not necessarily the views of the Company. Unless expressly stated, the Company does not endorse submissions. Any user who feels that a posted submission is objectionable is encouraged to contact the Company immediately by email at firstname.lastname@example.org.
Please remember that while the Company may from time-to-time monitor limited sections of the Sites, the Company does not actively monitor the contents of and is not responsible for any submissions posted. If the Company determines that removal of a submission is necessary, this is a manual process, so please realize that the Company may not be able to remove or edit particular submission immediately.
You must abide by the following rules of conduct:
When possible, test your answers to make sure your submission works on your own computer before you post it.
Unless otherwise noted, do not add submissions about non-technical topics, including: (i) speculations or rumors about unannounced products; or (ii) discussions of the Company’s policies or procedures or speculation on the Company’s decisions.
You are to be polite. Everyone should feel comfortable reading submissions and participating in discussions. The Company will not tolerate taunting, inflammatory libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, violent, or offensive in a sexual, racial, cultural, or ethnic context or other inappropriate submissions or links.
Do not upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is harassing; (iii) invades another’s privacy; (iv) infringes another’s rights, including but not limited to intellectual property rights; (v) constitutes unsolicited bulk email, “junk mail,” “spam” or chain letters; (vi) violates any applicable laws or regulations; or (vii) contains the photograph of another without that person’s consent.
Do not use the Sites to sell or market your products to others. If any portion of your submission, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, “I may receive some form of compensation, financial or otherwise, from my recommendation or link.” The following are not allowed as well:
A submission created solely to advertise a book, service, software, or some other item for sale.
Any reference, including a link, to a commercial item that is not directly related to a relevant technical support question or answer.
You may sign your Submissions with information about yourself. However, this should not include a link to a website.
Material submitted must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your submission.
Do not post any instructions, software, or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites. Do not post any computer programs that contain destructive features, such as viruses, worms, or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
Do not falsely impersonate any other person in the Forum, including the Company employees or agents.
Do not misrepresent the source of anything you submit.
Do not rely on the Forum for the safe and secure storage of any materials, such as photos, documents, and software. A Forum is not designed as the primary place to store any of these materials, and the Company is not responsible for the alteration, deletion, or loss of any stored items. Create back-ups for any materials that you submit to a Forum.
You are responsible for any actions you may take based on information or advice you receive while participating in a Forum. Use your own good judgment when evaluating information provided through a Forum or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
Do not intentionally, without permission: (i) seek information on other users; (ii) obtain copies of or modify files or other data or passwords belonging to other users; (iii) solicit another user’s password or other account information; or (iv) harvest user names, email addresses or other personal information for any purpose.
C. Submissions, Contributions, and Feedback
All submissions, contributions, and feedback, including, but not by way of limitation, error reports (and responses thereto), suggestions or any modifications or changes or requests for modifications or changes to Software or the Company technology, ideas for new or improved products or technologies, product enhancements, processes, materials, marketing plans, or new product names (“Feedback”) you provide via a Forum are deemed to be of a non-confidential nature and to have been made generally available to the public. If you wish to preserve the confidential nature of any Feedback do not make it available via a Forum.
If you choose to make available Feedback via a Forum, you agree that the Company may, in its sole discretion, use the Feedback you provide to the Company in any way. You hereby grant the Company a perpetual, non-terminable, irrevocable, exclusive, worldwide, fully transferable, royalty free license to use, reproduce, modify, create derivative works from, sublicense, distribute, display, and otherwise exploit such Feedback in any manner and for any purpose without restriction and without compensation to you or the company or person you represent.
In order to facilitate the use of Software, to the extent Feedback is provided through a secure and confidential area of the Sites referred to as the “Issue Tracking System”, the Company reserves the right to strip from such Feedback confidential and proprietary information of the author (the “sanitized Feedback”) and to post such sanitized Feedback on a Forum for the general benefit of Software users.
9. Termination of Use
You agree that the Company may, in its sole discretion, at any time terminate your access to the Sites and any account(s) you may have in connection with the Sites. Access to the Sites may be monitored by the Company.
10. Third Party Web Sites, Content, Products, and Services
The Sites may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Sites. You agree that the Company is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that the Company is not responsible for third party content accessible through the Sites, 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 the Company is not responsible for: (i) the quality of third party products or services; and (ii) 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 the Company is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT: (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, ANY FORUM OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. THE COMPANY 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.
12. Limitation of Liability
B. Consequential Damages Waiver
SUBJECT TO THE FOREGOING LIMITATION IN THE SECTION TITLED “GENERAL,” IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY FOR: (i) DIRECT; OR (ii) INDIRECT; OR (iii) INCIDENTAL CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES OF ANY KIND; OR (iv) LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS; OR (v) LOSS OF BUSINESS; OR (vi) LOSS OF DATA; OR (vii) INTERRUPTION OF BUSINESS; OR (viii) OTHER FINANCIAL LOSS INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM YOUR ACCESS TO, OR USE OF, THE SITES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) STRICT PRODUCT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation on Damages
SUBJECT THE ABOVE SECTION TITLED “GENERAL,” THE COMPANY’S TOTAL LIABILITY TO YOU OR COMPANY OR PERSON YOU REPRESENT IN RESPECT TO YOUR ACCESS TO OR USE OF, THE SITES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) STRICT PRODUCT LIABILITY OR OTHERWISE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
14. Export Restrictions/Legal Compliance
By using the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. The Company makes no claim that Content contained on the Sites is appropriate or may be downloaded outside the United States. Accordingly, if you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction and the United States. In particular, but without limitation, the Content may not be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders, or U.S. Department of Commerce Entity List of proliferation concern.
15. Applicable Laws
All matters relating to your access to, and use of, the Sites shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Sites shall be instituted in a state or federal court in Northern California. You and the company you represent agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding and you and it irrevocably waive any claim or objection that you or it may now or hereafter have and agree not to plead that any: (i) such courts lack jurisdiction over you or it or any proceedings arising out of or in connection with your use of the Sites; or (ii) action or proceeding brought in such court has been brought in an inconvenient forum. You and the company you represent agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to any goods or services supplied through your use of the Sites.