Lightspeed Guide

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Lightspeed Guide Terms of Use
LIGHTSPEED SYSTEMS LIGHTSPEED GUIDE IMPORTANT! READ CAREFULLY: This Terms of Use and Service Agreement ("Agreement") is a legal agreement between Lightspeed Systems, Inc. ("Lightspeed Systems") and you (either an individual or a single entity) as a user, for the use of the Lightspeed Guide software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "Product") and the access to the Lightspeed Systems content filtering and reporting service (the "Service"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE LIGHTSPEED GUIDE AND ACCESSING THE SERVICE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT OR ACCESS THE SERVICE. If you obtained the Product from any source other than Lightspeed Systems or an authorized distributor or reseller, you may not install or use the Product or access the Service. 1. Ownership. The Product is proprietary to Lightspeed Systems. You acknowledge and agree that: (a) the Product is protected under U.S. copyright and other laws; (b) Lightspeed Systems and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Lightspeed Systems; (d) you acquire no ownership or other interest in or to the Product; and (e) Lightspeed Systems owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Lightspeed Systems' ownership of the Product, nor will you challenge the validity of Lightspeed Systems' rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to Lightspeed Systems. 2. Grant of License and Scope of Use. Lightspeed Systems hereby grants to you a personal, non-exclusive license to install, use, access and display the Product until further notice. 3. Service and Restrictions. For the sole purpose of using the Product, you are granted a limited non-exclusive, non- transferable and royalty-free license to access the Service. You may not: 1) take any action which imposes an unreasonable or disproportionately large load on our infrastructure and therefore may not register more than four (4) child accounts; 2) disclose or share your password with any third parties or use your password for any unauthorized purpose; 3) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on our site. Lightspeed Systems makes no warranties or guarantees as to the availability or reliability of the Service or the information provided to you or to any other user nor makes any commitment to provide you an on-going operational Service. 4. Registration and Privacy. You must register the Product with Lightspeed Systems as a condition to your rights to use the Product and access the Service. You will be asked to submit your personal information to Lightspeed Systems. The types of personal information collected by Lightspeed Systems may include, if applicable: name, address, email address, organization name, title, organization address, organization telephone and facsimile number, organization website URL, operating system type, and browser type. Lightspeed Systems will primarily use your personal information to provide you access to the Service and Product functionality (such as using your email address to send you passwords required to access and use the Product). Lightspeed Systems may also occasionally use your personal information, such as your email address, to send you other communications, important product information and updates. Lightspeed Systems engages other companies and individuals ("agents") to perform functions on its behalf, such as order fulfillment, marketing assistance and customer service. Lightspeed Systems may share your personal information with such agents in order to perform these and other functions, but, unless Lightspeed Systems informs you otherwise, such agents may not use your personal information for other purposes. In order to function, the Product sends information from your computer to Lightspeed Systems’ reporting service. When communicating with the Product, the Lightspeed Systems reporting service receives from your computer (i) information identifying your account, (ii) information that relates your account to your authorized computer and (iii) the URLs, dates, and times of day that web sites were accessed or attempted to access. If you choose to use the Product’s mobile and social networking tools, those settings, comments, favorites, and tags will also be communicated to the Service for your mobile access. Without limiting your agreement to the other terms hereof, by entering into this Agreement, you expressly agree that Lightspeed Systems may collect, retain and use the information specified above in the manner specified above. For more information concerning Lightspeed Systems’ privacy procedures, please read the Lightspeed Systems privacy policy on Lightspeed Systems web site (www.lightspeedsystems.com/privacypolicy.asp). 5. Limitations. You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or Service or merge the Product or Service with other software other than as described in the Product's accompanying documentation or as approved of in writing by Lightspeed Systems; (b) lease or rent the Product or Service to any third party; (c) sublicense, distribute or otherwise transfer the Product or Service or any component thereof to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product or Service; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of Lightspeed Systems and or its licensors on the Product or Service; (f) reproduce or use the Product or Service except as expressly authorized hereunder; or (g) disclose or publish performance benchmark results for the Product or Service. The rights granted under this Agreement apply only to this Product. You must procure a separate license to use other Lightspeed Systems software. 6. Protection of your computer. You understand that the Lightspeed Systems Product will use commercially reasonable efforts to protect the privacy and integrity of your computer resources. However, you acknowledge and agree that Lightspeed Systems cannot give any warranties in this respect. 7. Links to Third-Party Sites. You may link to third-party sites through the use of the Product and Service. The third-party sites are not under the control of Lightspeed Systems, and Lightspeed Systems is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. 8. Services; Updates; Product Changes. Lightspeed Systems is not required under this Agreement to provide any installation, training or other support services to you. If, pursuant to a separate support agreement or otherwise, Lightspeed Systems provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this Agreement, unless the modification is expressly provided subject to a separate license agreement. Lightspeed Systems reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product. 9. Limited Warranty. Lightspeed Systems warrants to you that any physical media included with the Product, as and when provided to you, will be free of physical defects in materials and workmanship for a period of ninety (90) days. Your exclusive remedy and Lightspeed Systems sole liability for breach of this warranty is that Lightspeed Systems will replace any defective media returned to Lightspeed Systems within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the remainder of the original warranty period or twenty (20) days from the date we ship it to you, whichever is longer. 10. Warranty Disclaimer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. LIGHTSPEED SYSTEMS AND ITS LICENSORS HEREBY EXCLUDE AND DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGMENT, TITLE, RESULTS, EFFORTS, OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL FUNCTION WITHOUT LOSS OR ALTERATION OF DATA. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. TO THE EXTENT THAT LIGHTSPEED SYSTEMS MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 11. Confidentiality. The Product (including its underlying source code), the Service (and the database of URLs related to the Service) and the terms of this Agreement contain confidential information of Lightspeed Systems. You agree to hold this information in confidence, not disclose it to any person (other than your employees and individual contractors who use the Product and who have agreed to keep confidential any of Lightspeed Systems confidential information that you provide to them), and not use it for any purpose other than the use and operation of the Product as permitted under this Agreement. These restrictions do not apply to any information which is or becomes (through no fault of yours) publicly available. If you are required by law or order of a court or other government authority to disclose Lightspeed Systems confidential information, then you will immediately notify Lightspeed Systems as soon as possible, but in any event prior to the disclosure, and will cooperate with Lightspeed Systems, at its expense and request, in any lawful action to contest or limit the scope of such required disclosure. 12. LIMITATION OF LIABILITY. IN NO EVENT WILL LIGHTSPEED SYSTEMS AND ITS LICENSORS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF LIGHTSPEED SYSTEMS AND ITS LICENSORS KNEW, SHOULD HAVE KNOWN OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIGHTSPEED SYSTEMS AND ITS LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 12 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. 13. Termination. Without prejudice to any other rights, Lightspeed Systems may cancel this Agreement if you do not abide by the terms and conditions of this Agreement, in which case you must destroy all copies of the Product and discontinue access of the Service. 14. Export Restrictions. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. 15. Governing Law; Venue and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Subject only to the provisions of Section 17, any legal action, suit or proceeding arising out of or relating to this Agreement must be instituted exclusively in a court of competent jurisdiction, federal or state, located within the State of California, and in no other venue. Each party further irrevocably consents to personal jurisdiction and venue in, and agrees to service of process issued or authorized by, any such court. 16. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this Agreement will remain in full force and effect. 17. Equitable Relief. The parties acknowledge and agree that it is impossible to measure in money the damages that will accrue to Lightspeed Systems by reason of your breach of this Agreement and that such a breach will cause irreparable harm to Lightspeed Systems. In addition to any other right or remedy available at law or in equity Lightspeed Systems will be entitled to specific performance or injunctive relief to enforce or prevent any breach of confidentiality or any breach of any license granted hereunder without posting a bond or other security, and may apply to any court of competent jurisdiction for such relief notwithstanding the provisions of Section 19. 18. Attorneys' Fees. In any action, suit or proceeding arising out of or relating to this Agreement, Lightspeed Systems, if it is the prevailing party, will be entitled to recover from you its reasonable attorneys' fees and expenses in addition to any other relief that may be awarded. 19. Assignment. You may not assign this Agreement or assign any of your rights or delegate any of your obligations under this Agreement, by operation of law or otherwise (including by merger, sale of assets or consolidation), without Lightspeed Systems prior written consent, which may be granted, conditioned or withheld in Lightspeed Systems sole discretion. Lightspeed Systems may assign this Agreement at any time in its sole discretion. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. 20. Waiver and Modifications. All waivers must be in writing. Any waiver or failure to enforce a provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This Agreement may only be amended by a written document signed by both parties. 21. Entire Agreement. This Agreement constitutes the entire, final and exclusive agreement between you and Lightspeed Systems regarding the specific license transaction described herein. No prior agreements, understandings, statements, proposals or representations, written or oral, apply. No written or oral statement, advertisement or product description not expressly contained in this Agreement can be used to alter or supplement its terms. You may not rely on any representations or statements not contained in this Agreement. Headings in this Agreement are for reference only and have no effect on any provision's meaning.

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