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Terms of use

1.    Acceptance of Terms of Use  

     1.    By accessing Deltix Developer Network (“DDN”, which term shall include all Deltix contributed content and third-part contributed content, hereafter termed Content, as defined below), you agree to become bound by all the terms and conditions of these Terms of Use (“Terms”). If you do not agree to these Terms, do not access DDN.

     2.    These Terms apply to all users of DDN including contributors of Content (as defined below). Deltix, Inc. (“Deltix”) may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. If any future revision is unacceptable to you, you should discontinue using DDN. Your continued use of DDN after Deltix’s posting of any revised Terms will indicate your acceptance of the then-current Terms.

2. Access to and use of DDN

1.    As long as you comply with the Terms, Deltix grants you a personal, non-exclusive, non-transferable, limited authorization to access and use DDN. 

2.    You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, mirror or otherwise exploit any part of DDN unless explicitly permitted by Deltix. Deltix and its licensors reserve all rights not expressly granted in and to DDN and the Content. “Content” includes the text, software, scripts, graphics, photos, videos/audivisuals, and all other materials you may view on, access through, or contribute to DDN. 

3.    DDN may contain links to third party websites that are not owned or controlled by Deltix. Deltix has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using DDN, you expressly release Deltix from any and all liability arising from your use of any third party website.

4.    In order to access some features of DDN, you will need a DDN Account. You may not use another person’s DDN Account. When requested a DDN Account, you must provide current, accurate and complete information. You are solely responsible for the activity that occurs under your DDN Account, and for keeping your DDN Account login information secure. You must notify Deltix immediately of any breach of security or unauthorized use of your DDN Account. 

5.    You agree not to use DDN for any purpose that is unlawful or prohibited by these Terms. You agree not to collect or harvest any personally identifiable information, including account names, from DDN. 

6.    You agree not to circumvent, disable or otherwise interfere with security-related features of DDN or features that prevent or restrict use or copying of any Content or enforce limitations on use of DDN or the Content. You agree not to use DDN in any manner that could damage, disable, overburden or impair any Deltix systems, interfere with any other party’s use of DDN, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of DDN or other accounts. 

7.    If you breach any of these Terms, your authorization to use DDN automatically terminates. Deltix reserves the right to temporarily suspend or permanently terminate your access to any or all areas on DDN in its sole discretion. Deltix reserves the right to discontinue any aspect of DDN at any time. 

3. Content

1.    You represent and warrant that you are the owner of any Content submitted by you, or that you control the rights to or have received all necessary consents to submit, such Content. Content that you submit must not violate or infringe on any patent, copyright, other intellectual property right, or any other right of any third party. You understand that you, and not Deltix, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via DDN. You understand and agree that Deltix may retain server copies of your Content that have been removed or deleted.

2.    Where required, your contact information and any other information required must be complete and accurate. This information is displayed on DDN and is used by other DDN users and Deltix to communicate with you. You may not attempt to impersonate another user or any other party. 

3.    Content submitted to DDN may only be used with Deltix products. 

4.    Content that you submit must not (a) infringe or violate any copyright, trademark, or other right of any other person or entity; (b) be libelous, defamatory, abusive, threatening, harassing, offensive, or otherwise violate any law; or (c) be malicious or destructive in nature, or contain a virus, Trojan horse, worm, or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

5.    You are solely responsible for compliance with any applicable laws, rules and regulations, including without limitation any applicable export control laws and regulations, with regard to Content that you submit, use, download, import, export or re-export.

6.    Your submissions to DDN may be accessible from any part of the world and any information they contain may be used by Deltix and the public, both within and outside the country from which you posted. You understand that Deltix does not guarantee any confidentiality with respect to any Content you submit.

7.    You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.

8.    Deltix has no obligation to monitor the Content. However, Deltix reserves the right, in its sole discretion, for any reason and at any time, to refuse to post any Content or remove any Content from DDN. 

9.    DDN contains Content posted by persons other than those employed by Deltix. Deltix does not control the Content posted by visitors to DDN and does not guarantee the accuracy, integrity, or quality of any Content. Views expressed on DDN by visitors to DDN are not endorsed by Deltix. You understand that by using DDN, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Deltix be liable in any way for any Content, whether or not authored by Deltix, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content available via any link or any Content posted, e-mailed, transmitted or otherwise made available via DDN. 

4. General

1.    You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent, to enter into these Terms. In any case, you affirm that you are over the age of 13, as DDN is not intended for children under 13. If you are under 13 years of age, then please do not use this Site. 

2.    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

3.    You assume total responsibility and risk for your use of DDN and the Content. DDN and the Content, including without limitation any information that is provided by Deltix or Deltix employees, are provided “as is”. To the fullest extent permitted by law, Deltix, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with DDN and your use thereof. Deltix makes no warranties or representations about the accuracy or completeness of DDN’s Content or the content of any sites linked from DDN, and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of DDN; (iii) any unauthorized access to or use of Deltix’ servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from DDN; (v) any loss of any kind incurred as a result of your use of DDN. 

4.    In no event shall Deltix, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of DDN or any Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Deltix is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. 

5.    You waive, any legal or equitable rights or remedies you have or may have against Deltix with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless Deltix, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising from: (i) your use of and access to DDN and the Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; and (iv) any claim that your Content caused damage to a third party. This indemnification obligation shall survive these Terms and your use of DDN and the Content.

6.    These Terms shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions, and you consent to the jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts.  You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation.  If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.  

7.    These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on www.deltixlab.com, contain the entire understanding between you and Deltix and may not be modified or amended except by Deltix’ posting of a revision on its website.  

8.    Notices to Deltix under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: Deltix, Inc., Attention: Legal, 6 Huron Drive, Natick, Massachusetts 01760. Notices to you may be made via posting to DDN, by e-mail, or by regular mail, in Deltix’ discretion. 

 

 

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