:: Contact Ascentn About its Legal Disclaimer

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact Ascentn at

1916C Old Middlefield Way,
Mountain View, CA 94043 USA
info@Ascentn.com

Terms of Use & Legal Disclaimer

Important Information About This Web Site, Our Product and Services


Software Licenses

All Ascentn and AgilePoint Software ("Software”), including Software which may be downloaded from this site, .NET, C# code and/or XML generated by or included in AgilePoint Software, is copyrighted material owned by Ascentn Inc or its suppliers. Any use of the Software, which is licensed, not sold, to end users is subject to the terms of a Ascentn License Agreement between you and Ascentn which accompanies each Software product. During the Software installation process, you will be given the opportunity to read the License Agreement for the Software you are installing, and you will be asked to accept its terms. If you cannot do so, then you may not complete the installation process. AgilePoint and Ascentn beta Software is licensed under terms of applicable AgilePoint or Ascentn beta license agreements. All rights, title, and interest not expressly granted are reserved. The License Agreements contain important information about the product's limited warranty (or no warranty), your remedies for non-conforming Software; and about Ascentn’s limited liability. We encourage you to read the applicable License Agreement prior to ordering or installing any of our Software products.


No Representations or Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ASCENTN, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ASCENTN HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ASCENTN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

ASCENTN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ASCENTN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ASCENTN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ASCENTN FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ASCENTN HARMLESS FROM, AND YOU COVENANT NOT TO SUE ASCENTN FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.


Governing Law and Jurisdiction

This Web site is controlled by Ascentn from its offices in Mountain View, California, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by the laws of the State of Delaware, where Ascentn is incorporated. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Delaware. You and Ascentn agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You may not access, download, use or export the information, Software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.


Feedback

Except where expressly provided otherwise by Ascentn, all comments, feedback, information or materials submitted to Ascentn through or in association with this Web site shall be considered non-confidential and Ascentn's property. By submitting such comments, feedback, information or materials to Ascentn, you agree to a no-charge assignment to Ascentn of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Ascentn shall be free to use such comments, feedback, information or materials on an unrestricted basis.


This Web Site May Contain Errors

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Ascentn may also make improvements, changes and/or deletions in the products and/or the programs described in this information at any time without notice.

This Web Site may include technical inaccuracies or typographical errors. Ascentn and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Ascentn may also make improvements, changes and/or deletions in the products and/or the programs described in this information at any time without notice. Any action related to these Terms will be governed by state and federal laws. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Ascentn has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Ascentn.


We Don't Control the Linked Sites

For your convenience, we have included various links within the Ascentn Web site that allow you to leave our site. Please be aware that we have no control over, and are not responsible for, the content of such sites, and can make no representations about any site that you may access through this one. The fact that we provide a link to another site is not an indication of any endorsement or affiliation with or between Ascentn and the third party hosting such site.


Intellectual Properties and Trademarks

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Ascentn.

Ascentn, the Ascentn logo, Ascentn Envision, Ascentn Envision Express, Ascentn Developer, Ascentn Server, Ascentn Enterprise Manager, and/or other Ascentn products referenced herein are trademarks of Ascentn Corporation, and may be registered in certain jurisdictions. The absence of a product or service name, slogan, or logo from this list does not constitute a waiver of Ascentn's trademark or other intellectual property rights concerning that name, slogan, or logo. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Copyright © 2006 Ascentn Corporation, 1916C Old Middlefield Way, Mountain View, CA 94043. All rights reserved.