This website (this “Site”) is operated by or on behalf of Galois, Inc. (the “Client”). These Website Terms and Conditions (these “Terms”) govern your use of this Site.
Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the visitor, acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Client may change these Terms at any time by posting the change to this Site. You will be bound by those changes if you visit this Site after those changes have been posted. The date these Terms were last modified is identified at the end of these Terms.
Termination. If you breach or otherwise fail to comply with these Terms, your right to access and use this Site will terminate immediately without notice.
Intellectual Property Rights.
3.1 Ownership. “Galois” is a trademark of Galois, Inc. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the products described on this Site and other materials displayed on this Site (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by Client or used by Client with permission of their owners, including without limitation: (a) Software Analysis Workbench (SAW) and the SAW logo are the trademarks of Galois, Inc. The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.
3.2 Your Limited License. As long as you comply with the restrictions in Section 3.3, you may do any of the following for your personal and/or non-commercial use: (a) visit this Site; (b) print a reasonable number of copies of any pages on this Site; and (c) transmit pages of this Site to others. Any other use of any Materials without the express written permission of Client is strictly prohibited. Client may limit or revoke this license at any time.
3.4 No License. Except as expressly descried in Section 3.2 above, nothing in these Terms or in this Site grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials. All rights reserved.
3.5 Notice of Infringement. Client will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Client will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Client will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address below:
Designated Copyright Agent
421 SW Sixth Avenue, Suite 300
Portland, OR 97204
Please include in the subject line the word “copyright” for all claims of copyright infringement and the words “intellectual property” for all claims of any other intellectual property infringement. Direct all other questions and comments to firstname.lastname@example.org.
Your Participation in Forums and Transmissions Generally.
4.1 Discussion Groups and Social Networking Services; Ownership; License. “Forum” means a discussion group, chat area, social networking service or any other bulletin board or email function provided by this Site in which visitors post or otherwise contribute information.
Compliance with these Terms. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in the acceptable use policy in Section 4 and in this Section 6.
Ownership of Transmissions; License. You will own all Transmissions that you post on the Forum; however, by sending or posting any Transmissions on the Forum, you grant (or warrant that the person who owns the rights to those Transmissions has expressly granted) to Client a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right and license to use, copy, modify, adapt, sell, lease, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and to sublicense and assign any or all of those rights to others.
Use and Disclosure of Transmissions. If you submit or post any Transmissions on the Forum (or elsewhere on this Site): (i) you understand and agree that Client will treat your Transmissions as non-confidential and non-proprietary and that Client may use and disclose those Transmissions in connection with the development, manufacture and marketing of goods and/or services and for any other purpose; (ii) you waive (or warrant that the person who owns the rights to the Transmissions has expressly waived) all “moral rights” in those Transmissions.
Warning regarding Content. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Client does not represent or warrant the reliability, accuracy or truthfulness of that content. Although Client is not obligated to do so, it may monitor Transmissions posted on the Forums. Because Client does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at email@example.com.
4.2 Transmissions Generally. By sending any Transmission to this Site, you warrant that the Transmission does not, and that Client’ use of the Transmission will not: (a) violate any law or regulation; (b) contain any material that libels, slanders or defames any person, facility or product; (c) invade the privacy, infringe the proprietary rights or violate any other right of any person; (d) constitute an unfair or improper trade practice or other wrongful business conduct; (e) constitute spam or violate any of the security rules or other provisions in the acceptable use policy described in Section 4 above.
General Disclaimer of Warranties. All Materials available on or through this Site are provided “AS IS”, and to the maximum extent permitted by applicable law, Client disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, usage in the trade, title, quiet enjoyment, data accuracy, and non-infringement. Without limiting the preceding general disclaimer, Client does not warrant that your use of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the Materials are free from viruses or other harmful components. Although Client makes reasonable efforts to ensure that the Materials on this Site are accurate and up to date, Client does not make any representations or warranties regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials, any websites that link to this Site, or any links on this Site to other websites.
Limitation of Liability. Under no circumstances will Client, its affiliates, suppliers or their shareholders, directors, officers, employees or agents, be liable for any loss of data, loss of use, lost profits, cost of cure, any damages caused by viruses or bugs, any hardware, software or phone line malfunction, any failures or delays in computer transmissions or network connections, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages, arising out of your use or inability to use this Site or the Material, even if those damages are foreseeable and even if Client has been advised of the possibility of those damages. If your use of this Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using this Site, you agree that Client’ maximum aggregate liability to you for all claims arising from or related to this Site, any Materials or any Transmissions is limited to $50.
Governing Law. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site will be governed by the laws of the State of Oregon, and to the extent applicable, the federal laws of the United States of America, except that neither Oregon’s choice of law rules nor the Convention for the International Sale of Goods will apply.
Jurisdiction. The Site is controlled by Client. Client’s offices are located within the State of Oregon. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) will be resolved in the state or federal courts located in Portland, Oregon. You will not file any action or proceeding in any other jurisdiction, and you waive any argument that Portland, Oregon is an inconvenient forum.
Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
Other Terms and Conditions. These Terms apply to all uses of this Site unless you and Client have signed a separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.
Notices, Questions, Communications. If you wish to contact Client, please direct all inquiries (except for claims of copyright infringement) to firstname.lastname@example.org or telephone this Site administrator. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 3.5 above.
Entire Agreement. Except as described in Section 15 (Other Terms and Conditions), these Terms reflect the entire agreement between you and Client relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Client.
LAST UPDATED: 06/08/2015