Limited License for Use of Site Content
TigerLogic hereby authorizes you to download, view, copy and print documents and graphics in the Site Content subject to the following: (a) the Site Content may be used solely for personal, informational, non-commercial purposes; and (b) the Site Content may not be modified or altered in any way. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Site Content in whole or in part without the express authorization of TigerLogic. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of TigerLogic or any third party.
Any software that is made available to download from the Site is the copyrighted work of TigerLogic or other indicated third parties (“Software”). Software that is designated on the Site as being proprietary to or provided by TigerLogic, including Pick, Omnis, Omnis Studio, D3, mvEnterprise, mvDesigner and mvBase are registered trademarks and TigerLogic and PickDBi, is referred to herein as “TigerLogic Software.”
TigerLogic Software is licensed not sold and is subject to the TigerLogic End User License Agreement which accompanies the software or if no License Agreement accompanies the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating. You must accept the End User License Agreement to install or use the software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless such end user agrees to the License Agreement terms. All rights, title and interest not expressly granted are reserved by TigerLogic.
If you have any questions about TigerLogic’s licensing policies, or if you would like to have a copy of the End User License Agreement sent to you by mail or fax, please contact TigerLogic. You may also review the End User License Agreement by visiting our Web Site at http://www.tigerlogic.com.
Some Software on the Site may be designated as originating from third parties, including shareware, freeware and other software made available to you via FTP download (“Third Party Software”). TigerLogic has no responsibility to you for Third Party Software. Third Party Software may be subject to license agreements and other terms and conditions of such third parties that accompany the Third Party Software, which you agree to abide by. TigerLogic makes Third Party Software available to you AS IS without warranty of any kind, and TigerLogic hereby disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. TigerLogic will not be liable to you for any direct, consequential, incidental, exemplary or other damages of any kind relating to the Third Party Software. TigerLogic has no obligation to provide support, maintenance or other services in connection with Third Party Software.
Use of Discussion Group
“Forum” means a discussion group, chat area, bulletin board, news group, letter to TigerLogic, its webmaster or employees, or e-mail function offered as part of the Site. TigerLogic does not control the content posted via the Forums and, as such, does not make any promise, warranty, or other assurance as to the accuracy, integrity or quality of such content. You understand that by using the Forum, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will TigerLogic be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Forum.
You agree not to (a) upload, post, email, transmit or otherwise make available (“Send”) any content that is unlawful, tortious, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable; (b) Send any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (c) Send any content that you do not have a right to make available, whether such action is prohibited under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) Send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Send any material that contains software viruses or any other computer code, files or programs that are designed to or actually interrupt, destroy or limit the functionality of any software or hardware; (f) falsify headers or otherwise change identifiers in order to disguise the origin of any content Sent through the Forum; (g) impersonate any person or entity, including, but not limited to, a TigerLogic official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) disrupt the normal flow of dialogue or otherwise perform any acts that negatively affects other users’ ability to engage in real time exchanges; (i) interfere with or disrupt the Forum or servers or networks connected to the Forum, or disobey any requirements, procedures, policies or regulations of networks connected to the Forum; or (j) collect or store personal data about other users.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or 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. You acknowledge that TigerLogic does not pre-screen Forum content, but that TigerLogic and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Forum. Without limiting the foregoing, TigerLogic and its designees shall have the right to remove any content that violates these terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to TigerLogic, you automatically grant (or warrant that the owner of such rights has expressly granted) TigerLogic a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant (or warrant on behalf of the owner of such rights) that all moral rights in the content have been waived.
You are responsible for maintaining the confidentiality of any password you are given to access the Site, and are fully responsible for all activities that occur under your password. You agree to notify TigerLogic immediately of any unauthorized use of your passwords.
Changes; Third Party Web Sites, Content, Products and Services
TigerLogic reserves the right to change or discontinue the Site or any Site Content at any time, with or without notice, and with no liability to you. The Site may include hyperlinks to web sites not controlled by TigerLogic, and access to content, products and services from third parties. TigerLogic is not responsible for the availability of, and any content on those web sites to which it provides links. TigerLogic provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that TigerLogic is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that TigerLogic is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIGERLOGIC 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. TIGERLOGIC CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
IN NO EVENT SHALL TIGERLOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER OR NOT TIGERLOGIC HAS BEEN ADVISED OF THE POSSIBILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Export Restrictions/Legal Compliance
Some of the information contained on the Site may contain projections or other forward-looking, including statements regarding the Company’s future financial performance. These forward-looking statements are subject to risks and uncertainties, and actual results could differ materially due to several factors, including but not limited to the success of the Company’s research and development efforts to develop new products and to penetrate new markets, the market acceptance of the Company’s new products and updates, technical risks related to such products and updates, the Company’s ability to maintain market share for its existing products, the availability of adequate liquidity and other risks and uncertainties. Please consult the various reports and documents filed by TigerLogic Corporation with the U.S. Securities and Exchange Commission, including but not limited to the Company’s most recent reports on Form 10-KSB and Form 10-QSB for factors potentially affecting the Company’s future financial results. All forward-looking statements are made as of the date hereof and the Company disclaims any responsibility to update or revise any forward-looking statement provided in its news releases.
Copyright © 2013, TigerLogic Corporation. All rights reserved.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TigerLogic or other third parties. You are not permitted to use these Marks without the prior written consent of TigerLogic or such third party which may own the Mark. TigerLogic, Pick, Omnis, Omnis Studio D3, mvEnterprise, mvDesigner and mvBase are registered trademarks and TigerLogic, yolink and PickDBi are trademarks of TigerLogic.