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Jean Richert
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PROGRESS COMMUNITY TERMS OF USE Acceptance of Terms Progress Software Corporation (“Progress Software”) owns multiple internet sites, each of which has separate terms and conditions of use, a link to which appears at the bottom of the home page for each such site. Your use of the Progress Community internet site (this “Community Site”) is subject to the following terms and conditions (the “Terms”). By accessing, using, or registering to use this Community Site you agree to follow and be bound by these Terms. Furthermore, these Terms apply only to the Progress Community Site. Other websites owned by progress Software that are accessible through this Community Site, and your use of them, may be governed by other terms and conditions. This includes, but is not limited to, any website from which you may download Progress Software’s commercially available software products; such software products, and your use of them, are governed by the applicable license agreement. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE. Services Through this Community Site, Progress Software may provide you with access to a variety of resources and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to these Terms. Your Profile and Account You agree that all information you submit to the Community Site, including profile pages, is accurate and that you will keep it current. If Progress Software has grounds to suspect that your information is untrue, inaccurate or incomplete, it has the right to suspend or terminate your use of the Community Site. It is your responsibility to maintain the confidentiality of any password associated with your use of the Community Site, and you are responsible for any activities in your accounts. Materials This Community Site makes available to you many forms of information and materials (the “Materials”), some of which have been created by Progress Software such that they are the copyrighted works of Progress Software. You must be a registered Progress Software subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of these materials. The origins of such Materials may be internal or external to Progress Software. While third party Materials are believed to be reliable, third party Materials have not been independently authenticated, tested or verified in whole or in part by Progress Software. All Materials provided on the Community Site, including any material from third parties, is "as is," and Progress Software makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Progress Software shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials. Use of Software Any software or related materials that are made available to download from this Community Site (the “Software”), and your use of it, is governed by these Terms and the Code Share Disclaimer-Agreement. Limitation of Use If you breach any of these Terms, your authorization to use this Community Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Community Site (including Materials requested pursuant to the Community Site and sent by Progress Software via email or post). Updates and/or Changes to the Site The Services and/or Materials may contain technical inaccuracies or typographical errors. The Services, Software and/or Materials may be updated, modified or deleted at any time without notice. Policy on Privacy Progress Software’s Privacy Policy applies to your use of the Community Site. By using the Site, you are consenting to the processing of your data by Progress Software and consenting to our Privacy Policy. User Information When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration. User Communications and Conduct All users of the Community Site must also comply with Progress Software’s Netiquette . Progress Software may, but are not obligated to, monitor or review the Community Site content. Progress Software disclaims all liability related to the content of any part of the Community Site which it is not directly responsible for posting. Any material posted to this Community Site that in the sole opinion of Progress Software violates the Netiquette, will be removed and the account of the poster may, at Progress Software's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by Progress Software solely for the purpose of clarity and length. Materials Provided to Progress Software or Posted at the Site Progress Software does not claim ownership of the materials you may provide to Progress Software (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Progress Software, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Progress Software Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Progress Software is under no obligation to post or use any Submission you may provide and Progress Software may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent that the information you submit is not confidential. You also agree to the following: You acknowledge that, to the best of your knowledge and belief, your Submissions do not make you a contributing inventor to any inventions that may arise during development by Progress Software of any products, services or applications implementing your feature requests. Your preceding acknowledgement notwithstanding, in the event that you are determined to be a contributing inventor to an invention based upon your postings on the Community Site, you promise to: (a) cooperate with Progress Software in procuring patents to protect the invention; (b) execute all necessary paperwork required to procure patents to the invention on Our behalf; and (c) at Our request execute any assignments assigning ownership of any patents or patent applications to the invention to Progress Software. You acknowledge that Progress Software may, in its sole discretion, elect to develop and market products, services or applications that incorporate feature requests that you submit on the Community Site, and tou agree not to make any claims against Progress Software or anyone using a product or service marketed by Progress Software related to the development and offering of such products, services or applications whether your feature requests are adopted, not adopted or adopted but modified in any product, service or application. You waive any intellectual property or other claims you may have now or in the future against Progress Software or anyone using a product or service marketed by Progress Software relating to the operation of the Community Site, the hosting of it by Progress Software, of other parties' feature requests on the Community Site, and the hosting by Progress Software of user reviews. You acknowledge that anything posted on the Community Site by any person, regardless of that person’s affiliation or non-affiliation with Progress Software, reflects only the opinions of the person making the post. In particular, you acknowledge that nothing posted on the Community Site gives rise in any way to a promise or undertaking by Progress Software to adopt, or refrain from adopting, any feature request or course of action regarding any feature request and that any reliance upon such postings is solely at your own risk. Any unreleased services or features discussed on the Community Site or on other Progress Software websites are not currently available and may not be delivered on time or at all. Links To Third Party Web Sites\Content Links to third party web sites or content on this Community Site are provided solely as a convenience to you. If you use these links, you will leave this Community Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes 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 Community Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Progress Software's Community Site, you do this entirely at your own risk. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PROGRESS SOFTWARE, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS COMMUNITY SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS COMMUNITY SITE, ANY WEB SITES LINKED TO THIS COMMUNITY SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS COMMUNITY SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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. This site is controlled and operated by Progress Software from its offices in the United States of America. Progress Software makes no representation that Materials or Services at this Community Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Export Laws Software, Services, Materials, tools, and technical data delivered by or to Progress Software may be subject to U.S. export controls or the trade laws of other countries. You and Progress Software agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. You and Progress Software agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and Progress Software will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses. Indemnity You agree to indemnify and hold Progress Software and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Community Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another. Jurisdiction and Venue These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the Commonwealth of Massachusetts. Waiver The failure of Progress Software to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the Progress Software License Agreement. Restricted Rights Legend Any Software that is downloaded from this Community Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Program Product clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or successor provision(s), as applicable. Manufacturer is Progress Software Corporation, 14 Oak Park, Bedford, Massachusetts, 01730. Trademarks "Progress Software Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Progress Software uses in connection with its products and services. You agree to comply with the Progress Trademark and Logo Usage Requirements . You may not remove or alter any Progress Software Trademarks, or co-brand your own products or material with Progress Software Trademarks, without Progress Software's prior written consent. You acknowledge Progress Software's rights in Progress Software Trademarks and agree that any use of Progress Software Trademarks by You shall inure to Progress Software's sole benefit. You agree not to incorporate any Progress Software Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. General Progress Software may update these terms at any time without notice 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. If you have comments or questions about our privacy policy, please Contact Us . We will address any issue to the best of our ability. Updated: October 1, 2013
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