NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Use of Site: Phase Matrix, Inc. ("PMI") authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted herein are reserved to PMI.
Use of Software: Use of all software that you download from this Site ("Software") is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software. If not, then contact PMI for the applicable Software License Agreement. You may not use the Software until you have read and accepted the terms of the applicable software license agreement.
Intellectual Property: PMI respects the intellectual property of others, and we ask our users to do the same. PMI software is protected by copyright and other intellectual property laws. Where PMI software may be used to reproduce software or other materials belonging to others, you may use PMI software only to reproduce materials that you are authorized to reproduce in accordance with the terms of any applicable license or other legal restrictions.
User Contributions: Any information or material ("Communications") that you transmit to this Site is considered non-confidential. PMI has no obligations with respect to the Communications, and PMI is free and you authorize PMI to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text for any and all purposes. PMI reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. PMI may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. PMI, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. PMI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
For information regarding PMI's Copyright Infringement Policy, please see below.
Your Conduct: In the areas on the Site where users transmit or post Communications, you are prohibited from:
- Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertising or offering to sell or buy any goods or services.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restricting or inhibiting any other user from transmitting or posting Communications.
- Harvesting or otherwise collecting information about others, including e-mail addresses.
By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; (b) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and (c) neither the Communications nor any part(s) of the Communications will (x) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (y) contain any scandalous, libelous, or unlawful matter; or (z) contain any formula, process, instruction, or other material that is injurious to a person or property.
Links To Other Web Sites: Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. PMI does not control and is not responsible for any of these sites or their content. Thus, PMI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer: THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." PMI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from PMI are provided in separate documents. Mention of non-PMI products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Third Party Providers
Third Party Provider Pages: Certain portions of the Site feature information regarding the products or services of third party providers. Third party providers include, without limitation, third parties which make available Third-Party Add-On Products (as defined below) and Phase Matrix, Inc. Alliance Partner program members. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services, including without limitation Third-Party Add-On Products. PMI believes that the respective third party providers offer the types of products described and the support services indicated, but PMI is not responsible for any errors or omissions in the descriptions. Links to third party provider websites provided on the Site are subject to the terms regarding “Links To Other Web Sites” provided above.
Third Party Provider Add-On Products Available for Purchase on PMI.com: Certain third party products and services made available for purchase on the Site are provided and sold to you by third parties, as indicated in the product pages of such third party products (“Third-Party Add-On Products”). PMI is merely providing a service to you by facilitating the sale of these Add-Ons through the Site. For a list of Third-Party Add-On Products sold on the Site and which third parties are providing those products, please visit http://www.PMI.com/tpp. When you purchase a Third-Party Add-On Product through the Site, you are purchasing the product from the third party provider, subject to such third party’s terms and conditions of sale, and PMI is merely facilitating the sale. PMI’s Terms and Conditions of Sale do not apply to your purchase of such Third-Party Add-On Products. All other products sold on the Site, including without limitation third party provider products not listed are sold to you by PMI subject to PMI's Terms and Conditions of Sale.
Disclaimers Regarding Phase Matrix, Inc. Alliance Partner Program Members, Other Third Party Providers, and Third-Party Add-On Products: Phase Matrix, Inc. Alliance Partner program members (including without limitation those Alliance Program members who qualify for Select Integrator status), third parties which make available Third-Party Add-On Products, and other third party providers are business entities independent from PMI and have no agency, partnership, or joint-venture relationship with PMI. Although PMI has a process to sponsor, qualify, and annually review Alliance Program members, neither the Phase Matrix, Inc. Alliance Partner program members or any other third-party providers themselves, nor any of the software programs, documentation, materials, goods or services posted, provided or offered by any of them, including without limitation Third-Party Add-On Products, are affiliated with, or endorsed, sponsored or approved by, PMI. PMI has not fully tested, if at all, the third party provider products (including without limitation the Third-Party Add-On Products), and PMI does not warrant or assume any responsibility for, and shall have no responsibility or liability associated with, the testing, sale, purchase, use, or support of third party provider products (including without limitation the Third-Party Add-On Products) or services or any other materials associated therewith. Any concerns, support requests, or questions you have regarding the products or services of third party providers (including without limitation the Third-Party Add-On Products) or related content should be addressed directly with the applicable third party provider. PMI DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY PRODUCTS (INCLUDING WITHOUT LIMITATION THE THIRD-PARTY ADD-ON PRODUCTS MADE AVAILABLE THROUGH THE SITE) OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Some states do not allow limitations on implied warranties, so these limitations may not apply to you. You may have other rights which vary from state to state.
Limitation of Liability: PMI WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF PMI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Laws: PMI administers this Site from its offices in Austin, Texas. PMI makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. 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 responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
Use of Press Materials: If you are a news publication agency, PMI grants to you and you accept from PMI a limited, nonexclusive, world-wide license and right to copy, distribute, publish, and display (collectively referred to as "Use") datasheets, images, press materials, white papers and FAQs that PMI supplies to you through this Web site (collectively, "Copyrightable Works"). A "news publication agency" is defined as an organization whose primary function is summarizing and analyzing news and which publishes, on a regular periodic basis, media containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to PMI. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies. Notwithstanding the rights granted to you above, in no event may you Use the Copyrighted Works in any manner that (in PMI's opinion) defames, tarnishes, or otherwise injures the reputation of PMI.
Use Limitation: If you are an entity other than a news publication agency, you agree to notify PMI in writing of:
- The name or description of the requested Copyrightable Work(s).
- Your intended use of the requested Copyrightable Work(s).
- The type and/or name of the publication you intend to create.
- Any modifications or alterations you intend to make to the requested Copyrightable Works.
You agree not to use the Copyrightable Works without PMI's prior written approval, which may be given or withheld by PMI in its sole discretion on a case by case basis. PMI may, in its sole discretion on a case by case basis, impose further limitations or restrictions on your use of such Copyrightable Works or require you to pay fees, costs, and/or royalties (collectively, "Fees") in connection with delivery or use of such Copyrightable Works.
For example, if you intend to alter one of the Copyrightable Works (creating a derivative work therefrom), PMI may require that you submit your derivative work for PMI's final approval before publishing such derivative work. PMI may also request that you supply PMI with a copy of your work for its review prior to supplying you with the requested Copyrightable Works. Finally, PMI may limit the geographic scope of your use (i.e., to the United States).
Notwithstanding the rights that may be granted to you by PMI, as described above, in no event may you use the Copyrighted Works in any manner that (in PMI's opinion) defames, tarnishes, or otherwise injures the reputation of PMI. PMI reserves the right to impose further limitations or restrictions that PMI feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works.
General: PMI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Linking: PMI gives you a nonexclusive, nontransferable permission, revocable by PMI in its sole discretion at any time, to display the word mark “Phase Matrix, Inc.”, in font and color that is non-distinctive from the font and color used to represent other html links to third party web sites on your web site, only to represent an html link to the Phase Matrix, Inc. web site home page (www.phasematrix.com), subject to the following terms and conditions, each of which you agree to comply with:
No linking from any websites or pages that are obscene, pornographic, illegal, is permitted.
No linking from any websites that disparage PMI or any of its products or services is permitted.
YOU AGREE TO INDEMPMIFY AND HOLD HARMLESS PHASE MATRIX, INC. CORPORATION AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED BY ANY NEGLIGENCE ON THE PART OF PHASE MATRIX, INC. CORPORATION, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; YOUR WEBSITE OR WEB PAGE ON WHICH THE LINK APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION ANY STATEMENTS OR CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; OR ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE.
Notice of Copyright Infringement Claims
Phase Matrix, Inc. ("PMI") is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user account and remove or modify any content on our website in our discretion.
You may notify PMI in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this website:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
- Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
- A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your written notification to our designated agent who may be contacted as follows:
c/o Legal Department
Phase Matrix, Inc.
109 Bonaventura Drive
San Jose CA 95134, USA
Fax: (408) 428-1500
Questions regarding the PMI Copyright Infringement Policy may be directed to the PMI Copyright Agent by phone to (408) 428-1000.