ACCEPTANCE OF TERMS
APPSURIFY OWNERSHIP OF INFORMATION
Except as indicated to the contrary, you may view, download, and print the Materials available on this Site subject to the following conditions:
- The Materials may be used solely for personal, informational, and internal purposes. You may not make any commercial use or any derivative use of this Site (including any of its individual elements or content), except as may otherwise be permitted herein.
- Making modifications or alterations to the Materials or creating derivative works based on the Materials is prohibited.
- The Materials may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the Materials.
- You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or Materials within the Site, (including without limitation, Appsurify’s trademarks, logos or other proprietary information the content of any text, or the layout and design of any page or form contained on a page) without Appsurify’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing an Appsurify name, trademark, URL, or product name without Appsurify’s express written consent.
- Appsurify reserves the right to revoke the authorization to view, download, and print the Materials at any time, and any such use shall be discontinued immediately upon notice from Appsurify.
- The rights granted to you constitute a license and not a transfer of title.
Any software which you download from the Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating. By downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.
This Site or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Appsurify has no control over such sites and resources, you acknowledge and agree that Appsurify is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Appsurify shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Appsurify may establish general practices and limits concerning use of this Site and may modify such practices and limits from time to time.
MODIFICATIONS TO THIS SITE
Appsurify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site with or without notice. You agree that Appsurify shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
APPSURIFY’S PROPRIETARY RIGHTS
You acknowledge and agree that this Site contains proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like.
Those areas of the Site which you access by using a password or other security device contain proprietary and confidential information on Appsurify and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information (“Appsurify Confidential Information”). By accessing Appsurify Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your Appsurify product. You also agree to disclose Appsurify Confidential Information within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Appsurify Confidential Information you receive.
Appsurify, TestBrain, DevMetrix, RiskMap, Risk Alert and the Appsurify logo are trademarks of Appsurify, Inc. Appsurify’s trademarks may be used publicly only with permission from Appsurify and proper acknowledgement. Other names may be trademarks and are the property of their respective owners.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE AND THE MATERIALS IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPSURIFY 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.
(b) APPSURIFY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SITE OR OTHER INTERACTION WITH THIS SITE OR THE MATERIALS. APPSURIFY DOES NOT WARRANT THAT (i) THIS SITE OR THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) THIS SITE AND/OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE OR THE MATERIALS WILL BE CORRECTED.
(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPSURIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPSURIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE OR THE MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THIS SITE OR THE MATERIALS.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE MATERIALS IS TO DISCONTINUE ANY USE OF THIS SITE AND THE MATERIALS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Site originates from and is maintained in the United States, and Appsurify makes no representations regarding the legality of access to or use of the Site or the Materials from other countries. Any export or use of the Materials must be in compliance with all U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside
U.S. Government Users
All Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in FAR 52.227-19 and DFARS 252.227-7013, as applicable. The materials are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.