We reserve the right to terminate or modify the Demo Website in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Demo Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Demo Website to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Demo Website.
Data Visible to Other Users
The Demo Website is a collection of shared instances that automatically reset on a timed schedule. Anything input by a user of the Demo Website that remains on an instance following your use will be visible and usable to all other users that access the same instance before it is reset. In addition to the rights provided to OptimumDesk above, you hereby grant to all users of the Demo Website a royalty free, fully paid, non exclusive, non transferable, sub licensable, worldwide right to use any data and intellectual property provided by you to each other user of the Demo Website solely to use the Demo Website as described herein.
2. Prohibited Uses
You agree not to access or use (and shall not permit others to access or use) the Demo Website or OptimumDesk Intellectual Property in any manner:
• Other than for product evaluation purposes (specifically excluding product demonstration, development, or any production or commercial purposes).
• To process, use, transmit or introduce any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your employees or third data, and particularly excluding: (1) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (2) non public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
• To license, sub license, sell, re sell, rent, lease, transfer, distribute or time share or otherwise make them available for access by third parties.
• To disassemble, reverse engineer, decompile or modify them or otherwise create derivative works of them.
• To access them for the purpose of developing a product or service that competes with a OptimumDesk Product.
• To use them to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.
• To disrupt their security, integrity or operation.
• To remove or modify a copyright or other proprietary rights notice in them.
• To use them to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner.
• To use them to damage the property of another.
• That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
• That temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any OptimumDesk or third party data, software or network.
• To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• To monitor or attempt to gain unauthorized access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
• That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, OptimumDesk or a OptimumDesk employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
• To monitor or copy materials on the Demo Website for any unauthorized purpose or access the Demo Website via any automatic device, process or means of access such as a robot or spider.
• That may have a detrimental effect on the Demo Website’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Demo Website or any server, computer or database connected to or accessed by the Demo Website; (4) modifying, blocking or otherwise interfering with the display of the Demo Website; (5) interfering with another user’s ability to access, use and enjoy the Demo Website; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Demo Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing, without OptimumDesk’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Demo Website, including without limitation the Community Services; and (9) engaging in any activities that results in any server being the target of a denial of service attack.
Notification of Violation
3. Intellectual Property
OptimumDesk, “now” with a stylized power button, the “NOW” family of marks, and all related, logos, product and service names, designs and slogans are trademarks or service marks of OptimumDesk or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
4. Monitoring, Enforcement and Feedback
The Demo Website is a shared environment. OptimumDesk has the right but not the obligation to:
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Demo Website.
Without limiting the foregoing, OptimumDesk has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Demo Website. YOU WAIVE AND HOLD OPTIMUMDESK HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OPTIMUMDESK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OPTIMUMDESK OR LAW ENFORCEMENT AUTHORITIES.
OptimumDesk can neither review all material before it is included on the Demo Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Feedback & Suggestions
Direct feedback, comments, suggestions, requests for support and other communications relating to the Demo Website to: info@OptimumDesk.com. OptimumDesk shall have a royalty free, worldwide, non exclusive, transferable, sub licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Demo Website and the OptimumDesk Products.
5. Legal Considerations
Regional Legal Considerations
The owner of the Demo Website is based in the state of California in the United States. The Demo Website can be accessed from countries around the world. Access to the Demo Website may not be legal by certain persons or in certain countries. If you access the Demo Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Demo Website from territories where the Demo Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
Disclaimer of Warranties
OptimumDesk cannot and does not promise or warrant that any aspect of the Demo Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE, IS AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OPTIMUMDESK NOR ANY PERSON ASSOCIATED WITH OPTIMUMDESK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DEMO WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OPTIMUMDESK NOR ANYONE ASSOCIATED WITH OPTIMUMDESK REPRESENTS OR WARRANTS THAT THE DEMO WEBSITE WILL BE ACCURATE, RELIABLE, ERROR FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DEMO WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DEMO WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OPTIMUMDESK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEMO WEBSITE AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL OPTIMUMDESK, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DEMO WEBSITE, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
You may not access, download, use or export materials posted to the Demo Website in violation of U.S. export laws or regulations, including the Export Administration Regulations (EAR), or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
Waiver and Severability
Third Party Beneficiaries
There are no third party beneficiaries to this agreement.
Classification of Website and OptimumDesk Products
In the event of a dispute, the categorization of any subject matter as either the Demo Website or a OptimumDesk Product shall be made by OptimumDesk in its sole discretion, and OptimumDesk may reclassify as a OptimumDesk Product subject matter previously included in the Demo Website.