Roguewave.com Terms of Use

Welcome to Roguewave.com (this "Site"). Rogue Wave Software, Inc. ("Rogue Wave," "we," "us," and "our"), provides this Site, subject to these Terms of Use (these "Terms of Use"").

Your Consent

By accessing and using this Site, you are agreeing to be legally bound by and comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

This Agreement May Change

Rogue Wave is continually improving and adding new functionality and features to this Site. These improvements (or changes in the law) may require changes to these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time without prior notice. We will do so by posting an updated or modified version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to comply with and be bound by these Terms of Use. For this reason, we encourage you to review these Terms of Use regularly. You may review these Terms of Use at any time by clicking on the button marked "Terms of Use" at the bottom of each page of this Site.

For your convenience, whenever these Terms of Use are changed, we will alert you and your company by posting a notice on the home page of this Site for thirty days. If you have not visited the Site within thirty days, be sure you review this section of these Terms of Use to see if these Terms of Use has been revised since your last visit.

Privacy Policy

Please review the Privacy Policy posted on this Site (the "Privacy Policy") to learn what personal information is collected through this Site, how it is used and with whom it is shared. You may access the Privacy Policy at any time by clicking on the button marked "Privacy Policy" at the bottom of each page of this Site.

The Privacy Policy is part of these Terms of Use. When you agree to be bound by these Terms of Use, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy. If you do not consent to our use of your personal information as set forth in our Privacy Policy, you may not access or use this Site.

Ownership of Copyrights in Content

All of the text, data, illustrations, images, graphics, photographs, audio, video and audio-video clips, software applications, and all of the other information, materials and tools made available to you through this Site (collectively, the "Content") is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Rogue Wave or third parties who have licensed their materials to Rogue Wave, all rights reserved. The entire Content of this Site is copyrighted as a collective work under United States copyright law and applicable international copyright laws and treaties, and Rogue Wave owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print, and copy selected portions of the Content, provided

1. you only use the Content you download for your or your company's internal business use or to further your or your company's business dealings with Rogue Wave;
2. you do not publish, perform, display or post any part of the Content on any other Internet site;
3. you do not publish, perform publicly, display publicly, or broadcast any part of the Content in or on any other media;
4. you do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

Except as expressly stated above, you may not copy, print, publish, display publicly, perform publicly, distribute, transmit, or create derivative works based on all or any part of the Content of this Site without first obtaining written permission from Rogue Wave. No right, title or interest in any part of the Content is transferred to or acquired by you under these Terms of Use or by virtue of your use of this Site, except the right to use the Content subject to the terms of these Terms of Use.

The limited license set forth above does not apply to any software applications that you download from the Site. Your use of any Software you download from the Site will be subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the Software.

Rogue Wave Software

The use of any Rogue Wave Software (the "Rogue Wave Software"), or the Software of any third-parties ("Third-Party Software") downloaded from this Site is subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the software. The term "Software" includes, without limitation, computer programs and code, files, images incorporated in or generated by computer programs or code, all data provided in connection with the foregoing, and all related documentation provided with the foregoing. You may not download any Software form this Site until you have read, and agreed to the terms and conditions of the applicable license. All of the rights, title and interests in the Rogue Wave Software and the Third-Party Software are owned by Rogue Wave and its licensors. You do not acquire any rights, title or interests in the Rogue Wave Software or the Third-Party Software by downloading Software from this Site other than the right to use such Software subject to the terms and conditions of the applicable software license. You download Software from this Site at your sole risk and assume complete and exclusive responsibility for any and all losses, damages and liabilities that may result from the downloading or the use of Software downloaded from this Site.

GOVERNMENT RESTRICTED RIGHTS:

The Software which may be downloaded, acquired or accessed from this Site is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7201-4 (JUNE 1995), the Software is provided to U.S. Government end users with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in Rogue Wave's standard end user license agreement accompanying the Software. Further, to the extent that any "technical data," as that term is used in 48 C.F.R. 12.211, is provided in connection with any Content or software downloaded, acquired or accessed through the Site, the government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process.

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (C)(1)(ii) and FAR 52.227-19.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site ("the Trademark(s)") are registered and unregistered trademarks of Rogue Wave, one of its affiliates, or a third party.

No right, title or interest in any Trademark is transferred to or acquired by you or your company under these Terms of Use or by virtue of your use of this Site. Except as expressly permitted under these Terms of Use, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from the owner of the Trademark.

Submissions

We welcome comments and feedback regarding this Site. All comments, feedback, questions, suggestions, ideas, data, information, designs, and other materials submitted to us through this Site (collectively, "Comments") will be considered NON-CONFIDENTIAL and shall be and remain the exclusive property of Rogue Wave. By submitting Comments to Rogue Wave through this Site, you assign to Rogue Wave, free of charge, all worldwide rights, title and interest in all copyrights, patents and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that the Comments do not infringe any third-party's rights. Rogue Wave will be entitled to use, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of and reduce to practice any Comments, and any ideas, concepts, know-how or techniques contained in any Comments, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such Comments without restriction and without compensating you in any way. However, Rogue Wave will not use any Comments submitted through this Site in a way that violates the Privacy Policy posted on this Site or applicable privacy laws. You are responsible for the information and other content contained in any Comments you submit through this Site, including, without limitation, their truthfulness and accuracy.

Ownership of Site and Content

Rogue Wave and its licensors together own all rights, title, and interests, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights in and to (a) this Site, including the design, features, functionality, navigation, and "look and feel" of this Site and the hardware, software, code, interfaces and connectivity used to operate and maintain this Site, and (b) the Content made available through this Site. No right, title or interest in any of the foregoing is transferred to or acquired by you under these Terms of Use or by virtue of your use of this Site, except the right to use the Site subject to the terms of these Terms of Use.

Third-Party Information

Some of the information, articles and other materials available through this Site are provided to us by third parties. These third party materials are provided for your and your company's interest and convenience only. Although we select with care the vendors who provide these materials to us, we do not endorse these materials or the vendors who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable. It is your responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You use these materials at your own risk and subject to any third-party disclaimers.

Links to Other Rogue Wave Websites

This Site contains hyperlinks to other websites operated by Rogue Wave or other Rogue Wave business units ("other Rogue Wave website(s)"). These other Rogue Wave websites are separate and distinct websites. Each serves a different purpose. Each other Rogue Wave website is therefore governed by its own terms of use and its own privacy statement. If you access other Rogue Wave websites through links on this Site, please take a few minutes to review the terms of use and privacy statement posted on each other Rogue Wave website you visit.

Links to Other Sites

This Site contains links to websites that are not operated by Rogue Wave, Rogue Wave, or any other Rogue Wave business unit. These links are provided for your and your company's reference and convenience only, and do not imply that Rogue Wave or its affiliates endorse the material on these websites. Rogue Wave does not control these sites and is not responsible for their content. You access and use these sites solely at your own risk. These Terms of Use, including the Privacy Policy, which is part of these Terms of Use, do not apply to any other website. If you access another website through a link on this Site, please take a few minutes to review the terms of use and privacy statement posted on that website.

Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS SET FORTH IN SEPARATE SOFTWARE LICENSE AGREEMENT, ROGUE WAVE AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, ROGUE WAVE AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ITS CONTENT AND ANY PRODUCTS OR SERVICES DESCRIBED ON OR MADE AVAILABLE THROUGH THIS SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND/OR YOUR COMPANY.

Limitation Of Liability

YOUR USE OF THIS SITE, ITS CONTENT, AND EXCEPT AS SET FORTH IN A SEPARATE LICENSE ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE, IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL ROGUE WAVE, ITS AFFILIATES OR THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE OR YOUR COMPANY'S RELIANCE ON ANY INFORMATION PROVIDED THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, ROGUE WAVE AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENT; THIS APPLIES IN PARTICULAR TO ANY INFORMATION ABOUT PRODUCTS AND SERVICES SUPPLIED BY ROGUE WAVE OR ITS AFFILIATES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS LOSS OR DAMAGE TO OF DATA OR GOODWILL, AND LOSS OF REVENUE OR PROFITS.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OF ROGUE WAVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ROGUE WAVE, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND/OR YOUR COMPANY AND YOU MAY HAVE ADDITIONAL RIGHTS.

Right to Change Site

ROGUE WAVE RESERVES THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS SITE, OR TO SHUT DOWN THIS SITE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY TO YOU OR YOUR COMPANY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Governing Law and Jurisdiction

This Site is administered by Rogue Wave from its home offices in Boulder, Colorado, U.S.A. Unless otherwise specified, the Content is presented solely for the purpose of promoting Rogue Wave and its products within the United States, its territories, possessions and protectorates. Rogue Wave makes no representation or warranty that the Software or Content are appropriate or available for use in territories outside of the United States. Access, downloading or use of such Software and Content in territories where such Software or Content are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software and Content available on or through this Site, including, but not limited to, all United States export control laws, rules and regulations. Without limiting the generality of the foregoing, no Software or Content may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Rogue Wave does not authorize the transfer, by any means, of any Software, Content or technical data from this Site to any jurisdiction prohibited by the United States export laws. You may not use, export or re-export the Software or Content, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are solely responsible for any liability arising therefrom. These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You and Rogue Wave each agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado, U.S.A. The United Nations Convention on International Sale of Goods shall not apply to these Terms of Use.

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver by Rogue Wave of any breach of any provision of these Terms of Use of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Rogue Wave with respect to your access to and/or use of this Site (but not the Software downloaded from this Site). This Agreement shall not be amended except as expressly set forth herein.

The parties hereto have requested that these Terms of Use and any related schedules be drafted in English. Les parties présentes ont exigé que cette entente et tous documents s'y rapportant soient rédigés en anglais.

Effective Date

This Agreement is effective as of July 18, 2005.