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Terms of Use

Terms of Use. Your use of the Blue Elm Company LLC and or its affiliates and subsidiaries (hereinafter "Blue Elm") website (hereinafter "Website") represents your agreement to comply with all terms, including notices, of this Website. Blue Elm may change these terms at any time and your use is subject to the changes. If you do not accept these terms, you are not authorized to access and use this Website, and you are required to exit this Website immediately. Use or reproduction of the content or materials for any purpose not expressly permitted is prohibited. Blue Elm reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Disclaimer. ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. BLUE ELM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BLUE ELM DOES NOT WARRANT THAT THE CONTENT OF THIS WEB SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability. BLUE ELM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BLUE ELM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

User Conduct. You shall not in any manner: (i) distribute, use or make copies of, or otherwise duplicate any materials contained on the Website, except as expressly authorized under these Terms or authorized by Blue Elm; (ii) make the Website, or any Materials contained on the Website, available to any unauthorized third party; (ii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Website, without prior express written authorization from Blue Elm, or "frame" or "mirror" the materials or services contained on or accessible from the Website on any other server or Internet-based device; (iii) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Website, except to the extent permitted by law; or (iv) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the Website. In addition, without limitation, You agree not to use the Website: (a) to harvest, collect, gather or assemble any Materials for other than internal, noncommercial use; (b) to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable; (d) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (e) to interfere with or disrupt servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) to harass or interfere with another user's use and enjoyment of the Website.

IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, OR ACCESSING OR USING THIS WEBSITE AS PART OF YOUR DUTIES AS AN EMPLOYEE OF A CORPORATION OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO BLUE ELM THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND TO BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT TO GRANT SUBLICENSES TO ANY THIRD PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN.

User Accounts. You may be granted permission to establish, access and use an account on this Website containing your preferences and other materials ("Your Account"). The permission to establish Your Account is personal to you and Your Authorized Users, and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided Blue Elm in registering for Your Account is current, complete and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. Blue Elm may refuse to open, permit access to, or terminate Your Account if we suspect any information provided by You or any Authorized User is untrue, inaccurate, incomplete, not current, or misleading. Blue Elm may place restrictions on the types and amounts of information stored in Your Account.

Links to Other Materials. Any linked sites contained herein are not under the control of Blue Elm and Blue Elm is not responsible for the contents of any linked site or any link contained in a linked site. Blue Elm reserves the right to terminate any links or linking program at any time. Blue Elm does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any third party sites linked to this web Website, you do this entirety at your own risk.

Applicable Laws and Export Control. Blue Elm controls and operates this Website from its location in the United States. All content and materials of this Website are protected by copyrights, trademarks or other proprietary rights of Blue Elm or their respective owners as well as under any applicable laws and United States Government export control regulations. These terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Blue Elm makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any material within this Website in violation of the U.S. Department of Commerce Export Administration Regulations or other requirements of the U.S. Government regulating the export of such information. You agree that (i) you are not listed on the US Commerce Departments Table of Denial Orders, or otherwise denied the privilege of participating in transactions involving the export of US origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or the Taliban Occupied Part of Afghanistan); (iii) You are not engaged, directly or indirectly, in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles: and (iv) you shall not knowingly export or reexport, (as defined in Part 779 of the Export Administration Regulations) directly or indirectly, to any country any of the information contained herein (or any product, technical data, or service resulting directly therefrom) without first having obtained all necessary approvals thereof.

COMPLIANCE WITH U.S. EXPORT REGULATIONS. Blue Elm Products (including trials and demos) are subject to the export control laws and regulations of the United States and to the laws and regulations of the country in which the Products are received. Products may not be sold, leased or otherwise transferred to restricted end-users or countries. Buyer hereby agrees to comply with all applicable export control laws and regulations and will not use or export Blue Elm Products, directly or indirectly, in violation of these laws.

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