3CLogic's Terms of Use

Last Updated: April 14, 2015

Please review these Terms of Use ("Terms") carefully before using this website. These Terms constitute a legal agreement between you and 3CLogic Inc. (“3CLogic”) governing your use of www.3clogic.com, www.3ccloud.com, and their subpages and related sites (together, “this website"). These Terms incorporate our Privacy Policy, which is made a part of these Terms and which also may be accessed by clicking on the words “Privacy Policy” at the bottom of each page of this website.

By using, accessing or downloading any materials from this website, you agree to be bound by these Terms. If you do not agree with these Terms and 3CLogic’s Privacy Policy, do not use or access any service or material from this website.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, CERTAIN OTHER WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN AGREEMENTS AND/OR TERMS OF USE IN ADDITION TO OR DIFFERENT FROM THESE TERMS, AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.

General Use Restrictions

All information, documents, products, software, and services provided on this website ("Materials") were provided by 3CLogic or by users of this website ("Third Party Providers") and are the copyrighted work of 3CLogic and/or the Third Party Providers. Except as stated in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of 3CLogic or the Third Party Provider. No part of this website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of 3CLogic. You also may not, without 3CLogic's prior express written permission, "mirror" any Material contained on this website on any other server.

Nothing on this website will be construed as conferring any license to any of 3CLogic's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download 3CLogic Materials on this website provided that: (1) both the copyright notice included at the end of these Terms and this permission notice appear in such Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (3) no modifications of any of the 3CLogic Materials are made. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed Materials. You may not post, modify, distribute, or reproduce any non-3CLogic copyrighted or other proprietary Materials without obtaining the prior written consent of the copyright owner. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 3CLogic may terminate a user account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or other proprietary right of 3CLogic or another party.

Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by 3CLogic. 3CLogic does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by 3CLogic.

Links to Third Party Sites

This website may be linked to other websites that are not under the control of and are not maintained by 3CLogic. 3CLogic is not responsible for the content of those sites. 3CLogic is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by 3CLogic of those sites.

Digital Millenium Copyright Act Notice

If you believe that your copyrighted material has been violated by any Materials, please send written notice to 3CLogic’s Designated Agent and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work you claim to have been infringed;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

3CLogic’s Designated Agent for claims of copyright infringement is:

3CLogic Software, Inc.
9201 Corporate Blvd., Suite 470
Rockville, MD 20850
Attn: Legal 
Email: Legal@3CLogic.com

If the disputed Materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice of the claim to the third party. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

Local Laws; Export Control

3CLogic controls and operates this website from its offices in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. You may not use, download or export the Materials in violation of U.S. export laws and regulations. If you use this website from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this website are the property of 3CLogic, 3CLogic’s affiliates in the United States and other countries, or third parties. Users are not permitted to use these Marks without the prior written consent of 3CLogic or the third party that owns the Mark. "3CLogic" is a registered trademark of 3CLogic Software, Inc.

Government Users

The Materials are provided with “Restricted Rights” as defined in FAR 52.227-14(a) and FAR 52.227-14(g) (4) (Alt III), or DFARS 252.227-7014(a) (15) and DFARS 252.227-7014(b) (3), as applicable. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in FAR 52.227-19 and DFARS 227.7202-3. Use of the Materials by the Government constitutes acknowledgement of 3CLogic’s proprietary rights in the Materials.

No Warranty

THE SOFTWARE, DOCUMENTS, INFORMATION, AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER 3CLOGIC NOR ITS AFFILIATES (A) REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (B) MAKES ANY RESPRESENTATION, WARRANTY OR GUARANTY REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY WEBSITE, (2) THE NATURE, CONTENT OR ACCURACY OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITE, (3) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE OR OBTAINED AS A RESULT OF ANY INFORMATION OR MATERIAL ON THIS WEBSITE, OR (4) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY 3CLOGIC, IT’S AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Disclaimers

THE MATERIALS OR CONTENTS OF THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. 3CLOGIC OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. IN ADDITION, CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THIS WEBSITE. 3CLOGIC WILL STRIVE TO INCORPORATE SUCH CHANGES IN NEW EDITIONS OF THIS WEBSITE, HOWEVER, 3CLOGIC MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT OF THIS WEBSITE.

Limitation of Liability

3CLOGIC WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS OR OTHER CONTENT ON THIS WEBSITE. IN NO EVENT WILL 3CLOGIC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING INTERRUPTION OF BUSINESS OR OPERATIONS, COST OF COVER, GOODWILL, LOST DATA OR PROFITS OR FAILURE OF A REMEDY TO ACHIEVE TS ESSENTIAL PURPOSE, WHETHER FORESEEABLE OR UNFORSEEABLE, HOWEVER IT ARISES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION EXPRESS OR IMPLIED WARRANTY, TORT, BREACH OF CONTRACT, MISREPRESENTATION, OR NEGLIGENCE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND WILL NOT MAKE A CLAIM AGAINST 3CLOGIC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO INDEMNIFY AND HOLD 3CLOGIC HARMLESS FROM, AND YOU COVENANT NOT TO SUE 3CLOGIC FOR, ANY CLAIMS BASED ON USING THIS WEBSITE.

Information Provided to 3CLogic or Posted on this Website

Except as otherwise agreed in writing with an authorized 3CLogic representative, any material, information, communication, data, images, sounds, text or other items you transmit or post to this website (“Information”) will be considered non-confidential. By posting any Information on this website, you declare that you own all proprietary rights in the Information and grant 3CLogic and its designees a perpetual, non-exclusive, royalty-free license right to display, use, reproduce, modify, distribute, make available to the public and otherwise use the Information in any media, software or technology of any kind for any and all commercial or non-commercial purposes. You may not post or transmit to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic material or other material that would violate any law.

Use of Personally Identifiable Information

Information submitted to 3CLogic through forms on, or otherwise through, this website is governed by 3CLogic’s Privacy Policy.

Security / No Disruption

Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. You agree that you will comply with any security processes and procedures (such as passwords) specified by 3CLogic with respect to access to or use of this website. You also agree not to access or attempt to access any areas of or through this website that are not intended for general public access unless you have been provided with a user ID and password by 3CLogic. You agree that you will not disrupt the functioning of this website or otherwise act in a way that interferes with other users' use of this website.

Failure to Comply

3CLogic has the right to terminate, suspend or restrict your access to this website, in whole or in part, unilaterally and without notice if you violate any of these Terms. 3CLogic also reserves the right to exercise any and all remedies at law or equity with respect to your violation of these Terms.

Changes to these Terms

3CLogic may change these Terms at any time without notice by posting revised Terms on this website. If 3CLogic does so, it will change the “Last Updated” date at the beginning of these Terms. Changes to these Terms will be effective on posting. By continuing to use this website after changes are posted, you accept the changes and agree to them.

Governing Law; Jurisdiction

The parties expressly agree that 3CLogic is the proponent of these Terms and the transactions embodied in these Terms. Any action related to these Terms will be governed by the laws of the State of Maryland and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, as adopted by any state, do not apply. You and 3CLogic consent to the exclusive personal jurisdiction of and venue in any federal or state court of competent jurisdiction located in the State of Maryland for any suits or causes of action connected in any way to the subject matter of these terms or to this website. Except as otherwise required by law, any cause of action or claim you may have with respect to these Terms or this website must be brought within one year after the claim or cause of action arises or such claim or cause of action is barred. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS AND/OR THE USE OF THIS WEBSITE.

3CLogic's obligations and responsibilities regarding 3CLogic products and services are governed solely by the agreements under which they are sold or licensed.

Miscellaneous

If any court of competent jurisdiction determines that any provision of these Terms is illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

You agree not to assign or otherwise transfer these Terms in whole or in part and any attempt to do so will be void.

These Terms represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

© 2016 3CLogic Software, Inc., 9201 Corporate Blvd., Suite 470, Rockville, MD USA.