Terms Of Use

Welcome to the InfiniteGraph web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (these "Terms of Use") and InfiniteGraph's Privacy Policy. Note that you may additionally or alternatively be bound by existing agreements with and licenses granted by InfiniteGraph. Further details appear on the following pages:

Use of Equipment and Software
Information Gathering, Provision and Use
Forums, Public Communications, Minors and Third Parties
Disclaimers, Limitation of Liabilities and Other Legal Issues
Export Restrictions
Copyright and Trademark Information
Termination of Use

Use of Equipment and Software

USE OF EQUIPMENT

You agree not to damage or knowingly impair the intended operability and performance of the Site. You are responsible for obtaining and maintaining all computer and communications hardware and other equipment and software needed for your own access to and use of the Site and all charges related thereto.

USE OF SOFTWARE ON THE SITE

Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and InfiniteGraph. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All interest, rights and title not expressly granted therein are reserved by InfiniteGraph.

PASSWORDS, LICENSE NUMBERS AND SECURITY

You are responsible for maintaining the confidentiality of any password InfiniteGraph issues to you to access the Site, and are fully responsible for all activities that occur under the protection of your password. You agree to notify InfiniteGraph immediately of any unauthorized use of your password. You are also responsible for maintaining the confidentiality of any license number you are given to make use of InfiniteGraph products, within the terms of the particular license. Some licenses have explicit redistribution rights.

Information Gathering, Provision and Use

INFORMATION THAT WE GATHER AUTOMATICALLY

You agree to the automated gathering of certain information regarding your visit. When you visit the Site our web servers automatically gather information that allows the Site to communicate with your computer during the visit.

We may also track such information as (i) browser type (e.g. Netscape), (ii) the date and time of day, (iii) your domain type (e.g. commercial, educational or government), (iv) your IP address (the Internet address assigned to your computer from your Internet Service Provider), and (v) the number of visits to the Site and which parts of the Site you select.

We may use tracked information for statistical purposes that help us administer, design and otherwise improve the Site. We do not use automatically gathered information to identify or locate individual visitors.

INFORMATION THAT YOU PROVIDE VOLUNTARILY

InfiniteGraph is concerned about the security of personal information we collect from you and takes reasonable steps to prevent unauthorized access to that information. You may provide personal information (generally by filling in one or more forms) in conjunction with a request to license a downloaded version of InfiniteGraph products. We may use cookies or other technologies to help reliably and securely transfer such information across the Internet. You agree to allow InfiniteGraph to use information gathered this way for normal business purposes, excluding disclosure of such information to third parties, except to the extent that InfiniteGraph is legally required to do so by duly authorized law enforcement agencies. Please read our Privacy Policy for further information on this topic.

USE OF INFORMATION ON THE SITE

You may download, view, copy and print documents and graphics incorporated in documents (collectively, "Documents") from the Site subject to the following: a) The Documents may be used solely for informational and noncommercial purposes. You may not sell them to third parties, for instance, but they may be legitimately used in conjunction with a mutual business relationship with InfiniteGraph or one of its agents or partners. b) The Documents may not be modified or altered in any way unless they are a part of a code sample or tutorial, and such changes are clearly identified in any published version of the modified Documents.

Except where your use constitutes "fair use" under applicable copyright law, you may not otherwise copy, display, distribute, download, license, perform, post, print, publish, reproduce, transmit, upload or use any information from the Site in whole or in part without the express written authorization of InfiniteGraph.

Forums, Public Communications, Minors and Third Parties

USE OF FORUMS AND PUBLIC COMMUNICATION

"Forum" means any bulletin board; chat area; discussion or news group; email function; fax or letter to InfiniteGraph, its webmaster or employees; that may be accessed via the Site.

Forums must be used in a noncommercial manner only. You will not distribute or otherwise publish any content containing advertising, any solicitation of funds, any promotion or solicitation for goods or services, or any other commercial matter.

You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization.

Except where expressly authorized by InfiniteGraph, you agree not to collect or store personal data about other users.

You agree to immediately desist from sending e-mail to or otherwise communicating with a recipient who has indicated that he/she does not wish to receive further communication from you.

You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that:
a) Is false or misleading;
b) Is defamatory, or is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual;
c) Exploits children in any way, or is deemed obscene or unsuitable for children;
d) Infringes another's rights, including but not limited to intellectual property rights;
e) Constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters;
f) Violates or encourages others to violate any applicable laws or regulations; or
g) May give rise to civil liability.
You agree not to impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or alter, delete or forge any part of the TCP/IP packet header information in any e-mail or other posting.

By emailing, posting, publishing, uploading or otherwise transmitting content to any Forum or submitting any content to InfiniteGraph, you automatically grant (or warrant that the owner of such rights has expressly granted) InfiniteGraph an irrevocable, non-exclusive, perpetual, royalty-free license and right to adapt, distribute, modify, publish, reproduce and transmit such content in any form, medium or technology now known or later developed, subject to prior agreements with InfiniteGraph. In addition, you warrant that you have waived all so-called moral rights in the content. You should note that legally executed Non-Disclosure Agreements with InfiniteGraph, Inc. generally over-ride the prior contents of this paragraph.

MINORS

Posting material that exploits children or is unsuitable for viewing by children on Forums on the Site is forbidden and will result in Termination of Use. We are unable to reliably verify the age of any user of the Site. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

Third Party Web sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including advertisers, affiliates, sponsors and other such users of the Site. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

You agree that InfiniteGraph is not responsible for any third party content accessible through the Site, including advertisements, advice, opinions and statements and you understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, any relationship resulting therefrom is directly with the third party and not with InfiniteGraph

You agree that InfiniteGraph is not responsible for any loss or damage of any sort you may incur from dealing with any third party you reach via the Site. You agree that InfiniteGraph is not responsible for the quality of third party products or services nor for fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to purchased products or services.

Disclaimers, Limitation of Liabilities and Other Legal Issues

DISCLAIMER

Except where expressly provided otherwise, the Site, and all content, information, materials, products, services and software provided on the Site, are provided on an "As Is" and "As Available" basis. InfiniteGraph expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

InfiniteGraph makes no warranty that:
a) The Site will be available on an error-free, secure or timely basis;
b) The results that may be obtained from the use of the Site or any services offered through the Site will at all times be accurate or reliable; or
c) The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Any content, information, materials or software that you download or otherwise obtain through the use of the Site is obtained at your own discretion and risk.

InfiniteGraph will have no responsibility for any damage to your computer system or loss of data that results from the download of any content, information, materials or software.

In addition to the terms set forth above InfiniteGraph will not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or any lack of timeliness or authenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof, or for any claims or losses arising therefrom or occasioned thereby.

LIMITATIONS

Limitation of Liability

In no event will InfiniteGraph be liable for any consequential, direct, indirect, incidental, punitive or special damages, or damages for loss of data, profits, revenue or use incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site.

Note: Some of the above disclaimers and limitations may not apply in jurisdictions that do not allow the exclusion or limitation of liability.

Indemnity

You agree to defend, indemnify and hold harmless InfiniteGraph, its agents, directors, employees and officers from and against any and all claims, damages, expenses, liabilities or losses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access or use of the Site.

Applicable Laws

All matters relating to your access or use of the Site will be governed by U.S. federal law and the laws of the State of California. Any legal action or proceeding relating to your access or use of the Site will be instituted in a state or federal court in San Jose or Santa Clara County, California. You and InfiniteGraph agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Export Restrictions

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of InfiniteGraph in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Neither the services of InfiniteGraph nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, Sudan, and Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.

As applicable, you will obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of InfiniteGraph outside of the United States of America.

By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright and Trademark Information

InfiniteGraph respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at our Corporate address or call US (408) 992-7100 and ask for Public Relations.

Copyright/Trademark Information

InfiniteGraph and all names on the Site commencing with "InfiniteGraph", "InfiniteGraph for", "for InfiniteGraph" are registered trademarks of Objectivity, Inc. Other names appearing on the Site may be trademarks of their respective owners.

Contact Information

For web posting, reprint, transcript or licensing requests for InfiniteGraph material, please contact InfiniteGraph via our online contact form.

For any questions or requests other than copyright issues or licensing requests, please feel free to contact us at any time!

Termination of Use

Access to the Site may be monitored by InfiniteGraph. You agree that InfiniteGraph may, in its sole discretion, at any time terminate your access to the Site and any account you may have in connection with the Site.

If you have any questions regarding these Terms of Use, please contact InfiniteGraph at (email) "contacts [at] infinitegraph.com" with "Terms of Use" in the subject line, or by calling US (408) 992-7100.