Terms and Conditions of Website Use
LEGAL NOTICE: BY ENTERING AND USING WWW.QACOVERAGE.COM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.
1. USE OF WEBSITE. Information on this web site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. OCCYGEN, LLC, may also make improvements and/or changes in the products and/or programs described on this web site at any time without notice. You may only use this website to browse the content, make permitted downloads of materials, or to make inquiries to OCCYGEN, LLC and for no other purposes. This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express permission of OCCYGEN, LLC, except as outlined in the previous section ‘OWNERSHIP’.
Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited with the exception of content syndicated from the OCCYGEN, LLC ‘Ideas’ section or a published OCCYGEN, LLC news article or press release.
You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Any links from this website to other websites or e-mail addresses are provided for your information and convenience only. OCCYGEN, LLC does not assume any responsibility or liability with respect to any website linked from this website, or any e-mail address (or any website linking to this website), including its content and operation. OCCYGEN, LLC does not review or monitor such links. A link from this website to another website or e-mail address (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website contains « links » to many websites, OCCYGEN, LLC is not responsible for the content or the privacy practices employed by other websites.
2. OWNERSHIP. This website, and each of its components, is the copyrighted property of OCCYGEN, LLC and/or its various third party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of OCCYGEN, LLC with the exception of the ‘Ideas’ section and published news articles or press releases. The contents of the ‘Ideas’ section and published news articles and press releases may be distributed and/or republished as long as a link to the original content on this website is included with the re-distributed/published content.
Other product and company names mentioned herein may be the trademarks of their respective owners. Java, Windows, SQL and the Windows logo are registered trademarks of Microsoft Corporation. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of OCCYGEN, LLC or the owner of the Trademarks.
3. USE OF SOFTWARE. All software that is made available from this web site, including without limitation any ActiveX controls, Java applets, Flash multimedia files and browser plugins (« Software »), is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All title and copyrights in and to the Software, and any copies thereof, are owned by OCCYGEN, LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (« License Agreement »). An end user will be unable to download and/or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. For Software not accompanied by a License Agreement the terms and conditions set forth on this web page shall govern. All demonstration or evaluation Software is provided for academic/educational, evaluation, personal and internal use only and may not be used for commercial, development or production purposes. In addition, such Software may be time-disabled. « Time-disabled » means that all Software functions and features will cease to operate after a period of time. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER WEB SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF OCCYGEN, LLC.
4. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using any password you are provided.
5. LINKS TO THIRD PARTY SITES. There are links on this site that will permit you to travel to other, third party web sites over which OCCYGEN, LLC has no control. OCCYGEN, LLC makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the sites which you may access through this OCCYGEN, LLC web site. OCCYGEN, LLC does not endorse or accept any responsibility for the content, or use, of any such linked web sites. There are inherent dangers in the use of any software available for downloading on the Internet, and OCCYGEN, LLC cautions you to make sure that you completely understand the potential risks before downloading any of the Software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software.
US GOVERNMENT RIGHTS. U.S. GOVERNMENT RIGHTS. Any Software which is downloaded from this web site for or on behalf of the United States of America, its agencies and/or instrumentalities (« U.S. Government »), is provided to the U.S. Government as commercial computer software under FAR 12.212 and DFARS 227.7202, or an equivalent provision (e.g., in supplements of various U.S. government agencies, as applicable), and the restrictions set forth on the License Agreement and/or this web page. Manufacturer is OCCYGEN, LLC, and/or its affiliates 276 5th Ave Suite 704, New York, NY 10001.
7. INTERNATIONAL ORDERS. When ordering software or other media from OCCYGEN, LLC, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
All payments to be made to OCCYGEN, LLC for such orders shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If a Party to this Agreement is compelled to make any such deduction, it will pay to the receiving Party such additional amounts as are necessary to ensure receipt by the receiving Party of the full amount which that party would have received but for the deduction.
8. EURO CURRENCY COMPLIANCE. The OCCYGEN, LLC software product QACOVERAGE (and all future versions thereof) are Euro compliant insofar as they are capable of displaying the Euro symbol (€) correctly, provided that support for the symbol is provided in the operating system on which they are running. Given the nature of these products and the systems that are used to implement the products, it is not possible for OCCYGEN, LLC to comment on the Euro compliance of specific multi-currency functionality in applications which have been developed with the products. Such applications should be checked individually for Euro compliance.
9. EXCLUSION OF WARRANTY. OCCYGEN, LLC MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN « AS IS » BASIS. OCCYGEN, LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although OCCYGEN, LLC strives to provide on this website the latest information related to its developments, products and services, and other information about OCCYGEN, LLC. OCCYGEN, LLC does not warrant the accuracy, effectiveness and suitability of any information contained in this website. No warranty or representation of intended use, design or proposed improvements is made herein. Each visitor assumes full responsibility and all risks arising from use of this website. The information is presented « AS IS » and may include technical inaccuracies or typographical errors. OCCYGEN, LLC may make additions, deletions, or modifications to the information at any time without any prior notification.
11. INDEMNIFICATION. You shall defend and indemnify OCCYGEN, LLC and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
13. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
14. MODIFICATION. OCCYGEN, LLC may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
15. PROMOTIONS, PRICES, QUOTES, AND AVAILABILITY. PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or a service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a third party, or for any other reason, OCCYGEN, LLC reserves the right to correct any such information. Products or services shown on the website are not intended to be a guaranty that such products or services are currently available from OCCYGEN, LLC or available from other sources.
17. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Maryland, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the courts located in the State of Maryland, in all questions and controversies arising out of your use of this website and this Agreement.
18. ADDITIONAL TERMS & CONDITIONS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
19. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. FULL AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.